§ 1-01 Fingerprinting.
(a) Applicants for the following licenses and permits must appear in person at the License Issuance Division of the Department and be fingerprinted. This requirement applies to: an individual, if the applicant is an individual; the general partners, if the applicant is a partnership; and the officers, directors and stockholders owning 10 percent or more of the stock of the corporation ("principal stockholder"), if the applicant is a corporation.
(1) Auctioneer; Night Auctioneer
(2) Commercial Refuse Removal
(3) Employment Agency; Employment Agency Manager
(4) Home Improvement Contractor; Home Improvement Salesman
(5) Junk Dealer
(6) Locksmith; Locksmith Apprentice; Keymaker
(7) Pawnbroker
(8) Process Server
(9) Secondhand Dealer
(10) Television, Radio and Audio Equipment Service Dealer and Service Manager
§ 1-01.1 Applications.
(a) No applicant for a license or a renewal thereof shall fail to provide complete and truthful responses to all the information requested on an application for such license or renewal thereof and any documents related thereto.
§ 1-02 Term and Expiration Date of Licenses.
(a) The licenses and permits listed below shall be for a two-year term and shall expire on the dates indicated:
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| Amusement Devices, Arcades and Operators | January 16 of Even Years |
|---|---|
| Auctioneer and Night Auction Sales | June 15 of Even Years |
| Billiard Room | August 1 of Odd Years |
| Booting of Motor Vehicles | December 31 of Odd Years |
| Cabaret | September 30 of Even Years |
| Catering Establishment | September 30 of Even Years |
| Debt Collection Agency | January 31 of Odd Years |
| Electronic or Home Appliance Service Dealers | June 30 of Even Years |
| Electronic Stores | December 31 of Even Years |
| Employment Agency | May 1 of Even Years |
| Garage, Parking Lot | March 31 of Odd Years |
| Home Improvement Contractor | February 28 of Every Odd Year |
| Home Improvement Salesperson | February 28 of Every Odd Year |
| Horse Drawn Cab | March 31 of Even Years |
| Horse Drawn Cab Driver | May 31 of Even Years |
| Laundry | December 31 of Odd Years |
| Locksmith; Locksmith Apprentice | May 31 of Odd Years |
| Motion Picture Operators | December 31 of Even Years |
| Process Server | February 28 of Even Years |
| Products-for-the-Disabled Dealer | March 15 of Odd Years |
| Secondhand Dealer | July 31 of Odd Years |
| Sidewalk Stand | March 31 of Even Years |
| Sightseeing Bus | March 31 of Even Years |
| Sightseeing Guide | March 31 of Even Years |
| Storage Warehouse | April 1 of Odd Years |
| Towing Vehicles | December 31 of Odd Years |
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1. The grant of a revocable consent to operate an unenclosed sidewalk café shall be for one license period and will be concurrent with such license period that expires in the second calendar year following the calendar year in which such consent and license are granted, and such term shall expire on the day and month in such second calendar year as specified below:
A. September 15 if the last digit of the license number of the sidewalk café ends in a number evenly divisible by three;
B. December 15 if the last digit of the license number of the sidewalk café ends in zero or in an even number that is not evenly divisible by three;
C. April 15 if the last digit of the license number of the sidewalk café ends in an odd number that is not evenly divisible by three;
2. The grant during the same calendar year of a license to operate an unenclosed sidewalk café license as the year in which the revocable consent to operate such unenclosed sidewalk café is granted shall be for a term that expires on the same date on which such revocable consent expires in accordance with paragraph 1 of this subdivision.
3. The licenses that are renewed thereafter shall be for two year terms that expire on the day and month in the second calendar year of such term as specified in paragraph 1 of this subdivision.
4. Revocable consents that are renewed thereafter will be for two consecutive license periods and shall be concurrent with license periods that expire on the day and month in the last year of the second license period of such term as specified in paragraph 1 of this subdivision.
1. The grant of a revocable consent to operate an enclosed sidewalk café shall be for one license period and will be concurrent with such license period that expires in the second calendar year following the calendar year in which such consent and license are granted, and such term shall expire on the day and month in such second calendar year as specified below:
A. May 15 of the first even numbered year that is at least two years after the date such revocable consent is issued or renewed if the last digit of the license number of such sidewalk café is an even number; or
B. May 15 of the first odd numbered year that is at least two years after the date such revocable consent is issued or renewed if the last digit of the license number of such sidewalk café is an odd number.
2. The grant during the same calendar year of a license to operate an enclosed sidewalk café license as the year in which the revocable consent to operate such enclosed sidewalk café is granted shall be for a term that expires in the same year in which such revocable consent expires in accordance with paragraph 1 of this subdivision.
3. The licenses that are renewed thereafter shall be for two year terms that expire on the day in the month in the second calendar year of such term as specified in paragraph 1 of this subdivision.
4. Revocable consents that are renewed thereafter will be for two consecutive license periods that expire on the day and month in the last year of the second license period of such term as specified in paragraph 1 of this subdivision.
§ 1-03 Display of Sign and License Information.
(a) Every licensee, except for those licensed to operate a sidewalk café as described in subdivision (b) of this section, must post conspicuously at his or her place of business a sign provided by the Department that includes the license information, instructions on contacting the Department to file a complaint, and other pertinent information for consumers as the Department deems appropriate. A licensee may post a copy of such sign at the licensee's place of business only if the original is available at such place of business for inspection by any person. A licensee having no fixed place of business must exhibit his or her license upon the request of any person.
§ 1-04 [Reserved]
Any advertisement, letterhead, receipt or other printed matter of a licensee must contain the license number assigned to the licensee by the New York City Department of Consumer Affairs. The license number must be clearly identified as a New York City Department of Consumer Affairs license number and must be disclosed and disseminated in a lawful manner. Any telephone listing consisting solely of the name, address, and telephone number of the licensee need not specify the licensee’s license number. Licensees holding licenses for more than one location must also include their respective license number(s) clearly identified as New York City Department of Consumer Affairs license number(s) on all correspondence and other printed matter which contains or makes reference to one or more of such licensees’ licensed location(s).
§ 1-06 Proof of Surety Bond.
No license or renewal shall be issued unless the licensee or applicant submits proof that every bond required by the Department for the license is in effect and does not expire prior to the end of the licensing period. Except where otherwise provided, all such bonds must allow any person aggrieved by the bondholder’s breach of the conditions of the bond to proceed against the bond.
§ 1-07 Liability Insurance.
Every licensee required to have liability insurance must obtain a liability insurance policy that obligates the insurer to notify the License Issuance Division of the Department if the policy is canceled or if the insured fails to renew 30 days prior to the expiration of the policy.
§ 1-08 Change of Address.
A licensee shall notify the Department in writing of any change of address within 10 days of the change. This requirement applies to the address of the licensed business, and to the residence addresses of: individual licensees; all partners of partnership licensees; and the officers and principal stockholders of corporate licensees.
§ 1-09 Late Renewal.
Any application for a license renewal that is filed sixty days or more after the expiration date of such license shall be treated as a new license application.
§ 1-10 Lost or Mutilated Licenses and License Plates and Lost or Stolen Records.
(a) Lost license or license plate. A licensee shall immediately report, in an affidavit, the loss of a license or license plate issued to him or her by the Department, requesting the issuance of a new license or plate. Replacement licenses and plates are issued at the discretion of the Department.
§ 1-11 Dishonored Check Fee.
Any licensee or license applicant who, in payment of a license fee, renewal fee, fine or other fee or charge assessed by the Department, tenders or causes to be tendered to the Department a check or other item that is subsequently dishonored, shall pay to the Department, in addition to any other fees or penalties provided by law, the amount of any fee for a dishonored check or other item that is charged to the Department for such check or item.
§ 1-12 Compliance with the Consumer Protection Law.
Every licensee and applicant must comply with the Consumer Protection Law of 1969, as amended, and all regulations promulgated under that law.
§ 1-13 Response to Complaints.
A licensee or license applicant must respond in writing to the Department about any complaint sent to the licensee or applicant by the Department. The response must be made within 20 days of the date the complaint is sent to the licensee or applicant and must set forth the licensee’s or applicant’s position regarding the transaction which is the subject of the complaint, including the facts which the licensee or applicant believes justify its position. The licensee or applicant must respond to subsequent communications from the Department concerning the complaint within 10 days after receiving a communication.
§ 1-14 Notice of Hearing and Subpoena Duces Tecum.
A licensee must appear in person at the Department to answer a notice of hearing or a subpoena duces tecum served upon that licensee. If the licensee is an individual, he or she must appear; if a partnership, one of its general partners must appear; and if a corporation, one of its officers must appear. A notice of hearing or subpoena duces tecum may be served by ordinary mail addressed to the licensee’s place of business. They may also be served by ordinary mail addressed to the residence of an individual licensee; the residence of a general partner of a partnership licensee; or the residence of an officer or principal stockholder of a corporate licensee.
§ 1-15 Judgments.
A licensee or license applicant must satisfy any outstanding judgment against him or her that has been obtained by a consumer and that relates to activities for which a license is required:
§ 1-16 Inspection of Records and Business Premises.
(a) Every licensee shall maintain the records which it is required to maintain under Chapters 1 and 2 of Title 20 of the New York City Administrative Code and the regulations promulgated thereunder, and, except as otherwise set forth in said chapters or regulations, shall retain such records for three years. Licensees shall make such records available for inspection at the offices of the Department of Consumer Affairs, or at licensee's place of business, during business hours.
(1) Inspecting or examining licensee’s place of business in order to verify compliance with the provisions of Chapters 1 and 2 of Title 20 of the New York City Administrative Code and the regulations promulgated thereunder; and
(2) Inspecting or examining any records or documents licensee is required to maintain pursuant to said chapters and regulations; and
(3) Inspecting or examining non-public areas of licensee’s place of business for the purposes stated in paragraph (b)(1) above.
§ 1-17 Wearing of Badge Prohibited.
No licensee or employee or agent of such licensee shall purchase, procure, or have made, or shall wear, display, carry, possess or exhibit any badge, insignia, shield, medal, decoration or facsimile thereof that in any way denotes, suggests, implies or could lead anyone to believe it confers or represents its wearer has an official or governmental status, except when required to do so by law or rule, nor shall a licensee in any way permit, authorize, encourage, acquiesce or consent to, any employee or agent doing so.
§ 1-18 Surrender of Identification Documents Issued by the Department.
Whenever any licensee has not renewed a license upon its expiration, such former licensee shall, within not later than 10 business days after the expiration of such license, destroy all license and identification documents that have been issued to such licensee and to any of its employees or agents.
§ 1-19 Presumption of Continued Unlicensed Activity.
(a) Unless otherwise specified in the notice, if the Department, on notice, charges a business or individual with engaging in activity without a license required under Chapter 2 of Title 20 of the New York City Administrative Code or under provisions of state law enforced by the Department, there shall be a rebuttable presumption that the unlicensed activity continued every day, without interruption, from the date specified by the Department in the notice as the first date of unlicensed activity through the hearing date.
§ 1-20 Non-Payment of Civil Penalties.
(a) The Commissioner may deny a new or renewal application for any license, permit or registration, and may revoke, suspend, cancel, or terminate any license, permit or registration, if (i) the applicant, licensee, permittee or registrant has failed to timely pay civil penalties imposed by a tribunal of the New York City Office of Administrative Trials and Hearings (OATH), and (ii) an agency has provided the Commissioner with the following information: the name, address, Department license number and license category, where applicable, and information sufficient to determine the delinquency and monetary amount of the outstanding civil penalties owed by the applicant, licensee, permittee or registrant.
1. New applications for licenses, permits or registrations may be denied where there is an outstanding final judgment, order, or decision of any amount older than thirty (30) days.
2. Licenses, permits or registrations may be suspended, and renewal applications denied, where outstanding final judgments, orders, or decisions are:
A. Older than sixty (60) days; and
B. Five hundred dollars ($500) or more.
3. Licenses, permits or registrations may be revoked or cancelled where outstanding final judgments, orders, or decisions are:
A. Older than ninety (90) days; and
B. One thousand dollars ($1,000) or more; and
C. The applicant, licensee, permittee or registrant violated any provision the enforcement of which is within the jurisdiction of the Department in the previous five (5) years.
1. An appeal or motion to vacate challenging the judgment, order, or decision has been resolved;
2. The entity or legal representative against whom the judgment, order or decision was imposed fails to appeal within the time allotted by OATH; or
3. The entity or legal representative against whom the judgment, order or decision was entered on default fails to move to vacate the judgment, order or decision within sixty (60) of the date entered.
§ 1-21 Injurious Conduct by Licensees.
(a) No licensee, or employee or agent of a licensee, shall assault, menace, unlawfully imprison, or harass, or attempt to assault, menace, unlawfully imprison, or harass, any employee of the Department engaged in carrying out any duty for the Department.
(1) “Assault” shall mean to intentionally or recklessly cause physical injury to another person.
(2) “Menace” shall mean to intentionally place another person in reasonable fear of physical injury.
(3) “Unlawfully imprison” shall mean to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his or her liberty by moving him or her from one place to another, or by confining him or her either in the place where the restriction commences or in a place to which he or she has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined “without consent” when such is accomplished by physical force, intimidation or deception.
(4) “Harass” shall mean to intentionally and repeatedly harass another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.
Subchapter A: Definitions and Labeling Requirements
§ 3-01 Definitions.
Container. “A container”, as used in these regulations, shall include any carton, box, crate, barrel, half-barrel, hamper, keg, drum, jar, jug, crock, bottle, bag, basket, pail, can, wrapper, parcel or package.
§ 3-02 Prominence and Placement.
All information required by these rules and regulations to appear on a container shall be prominent, definite and plain and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. The declaration of identity, if required, and the net quantity statement shall appear on the principal display panel. The name and address of the manufacturer, packer or distributor shall appear either on the principal display panel or on any other appropriate panel. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
§ 3-03 Declaration of Identity.
Any commodity sold or offered for sale in a container shall bear on the outside or top thereof a definite, plain and conspicuous declaration of the identity of the commodity unless the same can easily be identified through the container. Such identification shall positively identify the commodity by its common or usual name, description, generic term or the like.
§ 3-04 Declaration of Quantity.
Any commodity sold or offered for sale in a container shall bear on the outside or top thereof a definite, plain and conspicuous declaration of the net quantity of the contents in terms of weight, measure or count except where otherwise provided by law.
§ 3-05 Declaration of Responsibility.
Any commodity sold or offered for sale in a container shall bear on the outside or top thereof a definite, plain and conspicuous declaration of the name and place of business of the manufacturer, packer or distributor.
§ 3-06 Correct Marking in Units of Weight or Measure.
(a) Prescribed units. A declaration of quantity shall be expressed in terms of the largest whole unit of weight or measure (for example, 1 quart liquid shall be expressed as "1 quart liquid" and not as "2 pints liquid" or "32 fluid ounces"). However, when this results in a whole number and a fraction, the fraction may be expressed in its equivalent in the next smaller whole unit (for example, 1 3/4 quarts liquid may be expressed as "1 quart 1 1/2 pints liquid" or "1 quart 1 pint 8 fluid ounces," but not as "1 quart 24 fluid ounces" 1 1/4 pounds may be expressed as "1 pound 4 ounces").
§ 3-07 Qualifying Words Prohibited.
When commodities are sold or offered for sale by weight, measure or numerical count, and the containers are so marked, no qualifying word or phrase or clause shall be used. Statements such as “Minimum weight,” “Not less than,” “Average,” “When packed,” or similar qualifying phrases are prohibited nor shall any unit of weight, measure or count be qualified by any term (such as “Jumbo,” “Giant,” “Full” or the like) that tends to exaggerate the amount of commodity.
§ 3-08 Units with Two or More Meanings.
When any unit of weight or measure having two or more distinct meanings is employed in a declaration of quantity, the declaration shall identify the particular meaning of the term as it is employed in the declaration. For example, distinction shall be made between “avoirdupois” and “fluid” ounces and between “liquid” and “dry” quarts and pints. However, such distinction may be omitted when, by association of terms (as in “1 pound 4 ounces” or “1 pint 8 fluid ounces”), the proper meaning is obvious.
§ 3-09 Count to be Supplemented.
A declaration of quantity in terms of count shall be supplemented by a declaration of the weight, measure or size of the individual units of the commodity or of the total weight or measure of the commodity, unless a declaration of count alone is fully informative to the consumer.
§ 3-10 Weight or Measure to be Supplemented.
A declaration of quantity in terms of weight or measure shall be supplemented by a declaration of the count or size of the individual units of the commodity, unless a declaration of weight or measure alone is fully informative to the consumer.
§ 3-11 Metric System.
A declaration of weight or measure in United States customary units may be supplemented by a declaration in units of the metric system.
§ 3-12 Language.
All information required by these rules and regulations to appear on a container shall appear thereon in the English language. A translation in any language other than English of such information may supplement the representations on the container to provide fuller consumer information.
Subchapter B: Weights and Measures In General
§ 3-21 Display of Price by Quantity Required.
Any commodity sold, exposed for sale or offered for sale at retail, shall be plainly marked by stamp, tag, label, or sign at the point of display as follows:
(2) bread
(3) cereals
(4) cooking oils
(5) carbonated soft drinks and beer
(6) napkins, facial tissue and toilet tissue
(1) the price per pound for non-liquid items measured by weight
(2) the price per quart for liquids
(3) the price per fifty units for non-liquid products sold by numerical count.
§ 3-22 Specifications, Tolerances and Regulations Relating to Weights and Meas- ures.
The specifications, tolerances and regulations, as specified in Handbook #44 and amendments thereto as recommended by the National Bureau of Standards, shall apply to all weights, measures and weighing and measuring devices now or hereafter in the city of New York, or now or hereafter offered for sale, hire or award, sold or used in the city of New York.
§ 3-23 Use of Weighing and Measuring Devices.
No person, firm, or corporation shall, in buying or selling any commodity by weight or measure, use or have in his possession any weight, measure, measuring device, meter, meter systems, scales, patent balances, steel yards or other instruments which shall not conform to the standards prescribed by law, nor shall any person, firm or corporation use, in the weighing or measuring of any commodity, any scale, balance, measure, measuring device, meter, platform scale or other instrument which shall be out of order or incorrect, or is not in balance.
§ 3-24 Use of Scales or Measuring Devices in Stores and Markets in the City of New York.
(a) A hanging scale shall be suspended from a stationary support, so that the face or dial of the scale is in full view of the public.
(2) A prominent and conspicuous sign or poster, legibly imprinted as below, shall be posted on or above the customer scale:
FOR CUSTOMER USE REWEIGH YOUR PURCHASES HERE
(3) In any case where the scale is more than 30 feet from the point where any such goods are displayed or offered for sale, a prominent and conspicuous sign or signs shall be posted within 30 feet of such point of display or offer in the following form:
REWEIGH YOUR PURCHASES AT THE CUSTOMER SCALE LOCATED AT ____________
(4) “Customer Scales” shall be color-striped in red in such a manner as to permit them to be readily located. The stripes shall be no less than one half inch nor more than two inches in width.
(5) The actual location of the “customer scale” must be accessible to the consumer.
(6) The requirements as to correctness, accuracy, location and other restrictions relating to weighing and measuring devices shall also apply to those devices described as “for customer use.”
(7) A scale designated “for customer use” shall be maintained for the sole use of customers.
(2) All “customer” computing scales required by subdivision (f) above must provide information for a price per pound capacity at least equal to two dollars per pound or to one half the highest price per pound actually charged for products covered by said subdivision (f), whichever is higher. In those cases where the information included on the scale does not meet this requirement, a supplemental cover or chart must be provided to supply this information.
(3) Equivalency weight charts and covers or charts shall be imprinted with letters and numerals that are easily readable.
§ 3-25 Inspection Certificates.
All owners or users of weighing or measuring devices shall retain, for one year, the inspection certificate issued to them by the Inspector of the Bureau of Weights and Measures as evidence that these devices have been tested and sealed in accordance with law.
§ 3-26 Oscillation of Weighing Devices.
No person selling or offering for sale a commodity by net weight shall quote or state the net weight or the total selling price of such commodity being sold or offered for sale unless the weight indicator of the weighing device on which it is being weighed is at rest.
§ 3-27 Fees for Testing Weighing and Measuring Devices.
Fees for the testing and measuring of weights and measures and weighing and measuring devices shall be paid to the department within ten days of the billing date.
§ 3-28 Inspection Fees for Testing and Sealing Weighing and Measuring Devices.
Every commercial establishment using a weighing or measuring device, weight or measure to determine the quantity of a product sold, offered for sale, purchased or offered for purchase, or to determine a service charge based on weight or measure of any kind shall submit in writing to the department a notice of the installation of any additional new, used, rebuilt or repaired weighing or measuring device or the substitution of a new, used or rebuilt weighing or measuring device subsequent to the last inspection, testing and sealing of the devices on the premises. Such notice shall be submitted within three days of such installation.
Subchapter C: Food Products
§ 3-41 Markings on Prepackaged Foods.
All food and food products which are packaged or wrapped by the retailer in advance of being exposed or offered for sale by the retailer shall be accurately marked with
§ 3-42 Notices of Bread Weight.
(a) All wrapped and unwrapped breads, except those specifically exempted by law, shall be labeled clearly, plainly and conspicuously as to net weight, kind of bread and the name and address of the manufacturer or distributor, except that, when bread is sold or offered for sale in the premises of the manufacturer, only the kind of bread and the net weight are required on the loaf and such information may be given on a posted notice in English and, if a different language is spoken, also the language or languages of the neighborhood. Such notice shall be conspicuous, in plain view of the buyer and in close proximity to each size and kind of bread offered for sale in the premises.
§ 3-43 Cookies and Crackers.
Containers of cookies and crackers, the contents of which weigh over three ounces net weight, must be marked in terms of net weight. Containers, the contents of which weigh three ounces or less net weight, which contain more than six cookies or crackers, shall be marked in terms of net weight or numerical count.
§ 3-44 Candy.
Candy in containers must be marked to show the net weight of the contents.
§ 3-45 Sale, Labeling and Advertising of Milk, Cream and Substitutes Thereof.
(a) Definitions and standards of identity.
Melloream or a vegetable oil blend. As used in this section, the terms “melloream” or a “vegetable oil blend” mean any substance, mixture or compound regardless of the name by which it is represented, which contains vegetable fats or oils and proteins derived from animal or vegetable sources, and whose appearance, odor and taste is similar to cream, half and half, milk or a mixture of milk and cream, to the point of rendering these products difficult to differentiate from each other.
§ 3-46 Sale of Eggs to Retailers.
(a) Any person selling eggs to a re-tailer shall furnish to him an invoice, prior to or accompanying the delivery, specifying the grade and size according to the New York Retail Egg Grades.
§ 3-47 Advertising of Eggs.
An advertisement of eggs for sale at a given price shall plainly and conspicuously indicate the grade and size.
§ 3-48 Sale of Eggs to Consumer.
Any person exposing for sale or offering for sale eggs to a consumer shall give notice of the exact grade and size of the eggs in the following manner:
If the eggs are offered or exposed for sale in cartons or other containers, by plainly and conspicuously printing or writing on each carton or container an exact grade and size.
If the eggs are offered or displayed for sale in bulk, by plainly and conspicuously indicating the exact grade and size by a placard exhibited among or closely adjacent to the eggs.
§ 3-49 Marking of the Grade.
The marking of the grade and size upon any placard as to eggs offered or displayed for sale in bulk, or upon any carton, bag or other container in which eggs are exposed for sale or delivered to the purchaser, shall be in legible printing or writing in letters not less than 3/8 inch in height, and the size designation shall not be abbreviated.
§ 3-50 Use of the Term “Fresh”.
The use of the term “fresh” or any other term of similar import shall not be deemed to be a substitute for grade designation.
§ 3-51 Weights and Size of Eggs.
Terms designating weight and size must be applied to each lot of eggs in connection with a sale, offering for sale or advertisement for sale. The following terms shall be used according to the weights given:
| Size or Weight Class | Minimum Net Weight Per Dozen | Minimum Net Weight Per 30 Dozen | Minimum Weight for Individual Eggs at Rate Per Dozen |
|---|---|---|---|
| Jumbo | 30 ounces or over | 56 pounds | 29 ounces |
| Extra large | 27-30 ounces | 501/2 pounds | 26 ounces |
| Large | 24-27 ounces | 45 pounds | 23 ounces |
| Medium | 21-24 ounces | 391/2 pounds | 20 ounces |
| Small | 18-21 ounces | 34 pounds | 17 ounces |
| Peewee | 15-18 ounces | 28 pounds |
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Any person selling, offering or exposing for sale eggs to a consumer shall post conspicuously a plain, clear and legibly printed sign at the point of display setting forth the denominations of size and related weight range per dozen of each hereinabove described.
§ 3-52 Markings on Standard Containers.
Standard containers for small fruits, berries and vegetables, so designated and defined by Congress and by the New York Agriculture and Markets Law, must be marked with the standard name of such container unless marked in terms of weight, count or other standard of dry measure.
§ 3-53 Sales of Fruits, Vegetables, Grains and Nuts.
Except when sold in the original container, fruit, vegetables, grains and nuts shall be sold at retail by avoirdupois weight or numerical count. The words “original container” as used in this section shall mean any container or integral thereof, which integral is a smaller container, the contents of which have not been removed or repacked by the retailer. Any such original container must be plainly and conspicuously marked to show the net quantity of the contents thereof in terms of net weight, standard measure or numerical count.
§ 3-54 Meat, Poultry and Fish.
Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat food products, poultry (whole or parts) and all seafood, except shellfish, offered or exposed for sale or sold as food shall be offered or exposed for sale by net weight.
§ 3-55 Labeling of Frozen, Defrosted or Thawed, and Refrozen Meat, Poultry, Fish and Products Thereof.
(a) Definitions. Whenever used in this section the following terms mean or include:
Defrosted (Thawed). “Defrosted (thawed)” shall mean the physical state of a food product which, having been frozen, is exposed to a temperature which produces a flexible condition and liquefication of the fluids of the food product.
Frozen. “Frozen” shall mean the physical state of a food product resulting from exposure to a temperature which produces a rigid condition and ice crystallization of the fluids of the food product.
Refrozen. “Refrozen” shall mean the physical state of a food product, which has been frozen, defrosted or thawed, and frozen, in that order, as those terms are hereinabove defined in this subdivision (a).
(1) All packers, processors, manufacturers, wholesalers, distributors and jobbers of meat, poultry, fish and the products thereof in which such meat, poultry or fish is the predominant ingredient of such product, whether packaged or not, which has been manufactured, processed or prepared in a frozen condition, shall correctly mark all delivery tickets and invoices as “frozen,” either “defrosted” or “thawed,” or “refrozen,” according to the condition of such food or food products at the time of delivery to the retailer.
(2) All retailers shall keep all delivery tickets and invoices, marked as hereinabove required in paragraph (1) of this subdivision (c), available for inspection on the premises where such food or food products are being sold or offered or exposed for sale at the time of such sale, and at those premises or at another New York City office for a period of two years thereafter.
§ 3-56 Sale of Meat Ground Upon Request by Customer.
All meats purchased in original cuts, whether prepackaged or cut to order and then requested to be ground on the premises, shall be ground in a meat grinder which shall be in open view of the public.
§ 3-57 Colored Lighting of Meats.
There shall be no colored lights or spotlights in, on, near or above the meat display case or show case which make the food products contained therein appear better than they actually are.
§ 3-58 Colored and Misleading Containers.
(a) No food product shall be sold, offered for sale or exposed for sale in a container so made, formed, colored or filled as to be misleading or which makes the food product appear better than it actually is.
§ 3-59 Cooked or Smoked Sausages.
(a) Definitions.
Cooked or Smoked Sausage. Whenever used in this section, the term “cooked or smoked sausage” shall mean or include “frankfurter,” “wiener,” “vienna,” “bologna,” “garlic bologna,” “knockwurst” and similar sausages which are comminuted semi-solid meat food products prepared from one or more kinds of meat or meat and meat by-products, poultry products and other ingredients as permitted by this section.
(1) shall not contain more than 30 percent fat;
(2) may contain binders or extenders, but individually or collectively they shall not exceed 3 1/2 percent of the total ingredients in the sausage except that 2 percent of isolated soy protein shall be deemed to be the equivalent of 3 1/2 percent of other binders or extenders;
(3) may not contain more than 10 percent of added water; and
(4) may contain poultry products which, individually or in combination, are not in excess of 15 percent of the total ingredients, excluding water in cooked or smoked sausage. For purposes of this paragraph (4), poultry products means chicken or turkey, chicken or turkey meat, or chicken or turkey by-products.
(1) cooked or smoked sausages containing poultry products must state such content in the ingredient statement on the label of the package in which they are sold;
(2) cooked or smoked sausages labeled, advertised or represented as “all meat” shall contain only beef, pork, veal, mutton, lamb or goat meat, or chicken or turkey meat, or any combination thereof consistent with this section and condiments, curing agents and water as permitted in this article; and
(3) cooked or smoked sausages labeled, advertised or represented as “all (species),” e.g., “All Beef Franks,” or “All Pork Franks,” shall contain only meat of the specified species, with condiments, curing agents and water as permitted by this section.
§ 3-60 Required Sign for Meats Prepackaged on Premises.
(a) The sign required to be posted by § 20-682 of the Administrative Code of the City of New York at the point of display of any prepackaged unprocessed or untreated fresh or frozen meat, except ground meat, to inform consumers of the right to a refund or exchange if such product was unsatisfactory shall:
(i) read substantially as follows:
“SATISFACTION GUARANTEED” (In capital block letters at least 3/4 inch high bold face type).
“IF YOU ARE DISSATISFIED WITH A MEAT PURCHASE THAT WAS PREPACKAGED IN THIS STORE, PLEASE RETURN IT WITH PROOF OF PURCHASE AND WE WILL REPLACE IT OR PROVIDE A FULL REFUND AS REQUIRED BY LAW.” (In capital block letters at least 1/2 inch high.)
(ii) be not less than 11 inches by 17 inches in size.
Subchapter D: All Other Products and Services
§ 3-71 Advertising of Ladders.
(a) All advertisement of ladders in newspapers, magazines or other publications, catalogues, circulars, pamphlets or on other such written notices as signs, placards or posters which state the overall height dimension must also specify the usable height dimension of the ladders so advertised where such dimension differs from the overall height dimension.
§ 3-72 Weighing Devices in Laundries.
All commercial laundries per forming, selling or offering for sale laundry services on the basis of weight shall have legal scales of approved type and design properly tested and sealed in their premises.
§ 3-73 Paints, Oils and Varnishes.
The labels on containers of paints, oils, varnishes, japans and similar commodities must be marked in one of the following ways:
§ 3-74 Paper Napkins and Paper Towels.
The declaration of quantity on a package of paper napkins or paper towels shall indicate the numerical count and the dimensions of the individual napkins or towels contained in the package.
§ 3-75 Writing Paper, Notebook Paper, Envelopes.
The declaration of quantity on a package of writing paper, notebook paper or envelopes shall indicate the number of sheets or envelopes, as the case may be, in the package. When envelopes are included in a package of writing paper, the declaration shall indicate both the number of sheets of paper and the number of envelopes. The size of the lettering setting forth the number of sheets shall be equal to or greater than any other quantity representation on the package.
§ 3-76 Tablets and Books of Writing Paper.
The declaration of quantity on a package of tablets or books of writing paper shall indicate the number of tablets or books in the package.
§ 3-77 Wrapping Paper.
The declaration of quantity on a package of wrapping paper in sheet form may be in terms of either numerical count or net weight. If the declaration is in terms of numerical count, it shall indicate both the dimensions of an individual sheet and the number of sheets in the package.
§ 3-78 Facial Tissues.
The declaration of quantity on a package of facial tissues shall indicate the numerical count of usable units (a sheet of two or three ply shall be considered a single usable unit) and the dimensions of the individual unit.
§ 3-79 Toilet Tissues.
The declaration of quantity on a package of toilet tissues in roll or sheet form shall indicate the numerical count of usable units (a sheet of two or three ply shall be considered a single usable unit) and the dimensions of the individual unit.
§ 3-80 Supplementary Quantity Declaration.
Any declaration or statement relating to the quantity of contents of a package of paper product that is in addition to or supplementary to the declaration required by these regulations shall be in juxtaposition with and shall be subordinated to the required declaration; provided, that no supplementary declaration of the number of “single-ply sheets” in a package containing a “multiple-ply” product shall be permitted.
§ 3-81 Purchase of Gold, Silver or Precious Metal.
Any person, firm or corporation engaged in the business of purchasing old or used gold, silver or other precious metal, as defined by the United States Federal Trade Commission, shall, at the time of purchase, inform the seller of the troy weight of the gold, silver or other precious metal offered for purchase, the price per unit weight used to compute the purchase price and the quality of the gold, silver or other precious metal so offered for purchase.
§ 3-82 Cost of Prescriptions.
Any pharmacist must, upon request, indicate to the holder of a prescription the cost of such prescription before it is filled or compounded.
§ 3-83 Woolen Yarn.
Woolen yarn must be sold either by weight or by linear measure. If sold in or by the package such package must be definitely, plainly and conspicuously marked to show the linear measure or net weight of the contents.
§ 3-84 Twine, Cordage, Thread and Yarn.
Each ball, tube, bale, bobbin or spool must be marked with the net weight or linear measure of the twine, cordage, thread or yarn contained therein or with the gross and tare weights thereof. If a number of similar balls, tubes, bales, bobbins or spools are sold in a container and are not sold separately, it will be sufficient either to mark the total length or weight on the container together with the number of units in the container or to mark the length or weight of each unit together with the number of units in the container.
§ 3-85 Textile Products – Retail.
Textile yard goods, when sold at retail, must be sold by linear measure and when put up or packaged in advance of sale shall be definitely, plainly and conspicuously marked to show the linear measure of the contents.
§ 3-86 Textile Products – Wholesale.
Textile yard goods when sold for resale or for industrial use must be sold by linear measure or by net weight and when put up or packaged in advance of sale shall be definitely, plainly and conspicuously marked to show the linear measure or net weight of the contents.
Subchapter E: Method of Sale of Fuel Oil
§ 3-91 Delivery Tickets.
All deliveries of fuel oil to purchasers, in vehicle tanks used as measures, shall be recorded by the seller upon forms known as delivery tickets. At the time of delivery, one copy of the delivery ticket shall be left at the point of the delivery. Delivery tickets shall be consecutively numbered and contain the following: date of delivery, name and address of the seller and purchaser, and grade, price per gallon, quantity and total price of oil delivered; provided, however, that a delivery ticket need not set forth the total price if within five days after delivery the seller provides the purchaser with a written statement setting forth all the foregoing information including the total price.
§ 3-92 Marker Capacity.
No deliveries shall be made in excess of the “marker capacity” of the truck or compartment. Every driver of a vehicle tank used as a measure shall have in his possession, and present to the inspector upon request, the calibration chart for the truck from which he is delivering fuel oil, together with loading tickets and delivery tickets for the current day.
§ 3-93 Temperature of the Oil.
All fuels oils with a temperature greater than 60 degrees Fahrenheit shall be sold, offered for sale or delivered on a basis of a temperature reading of 60 degrees Fahrenheit. A tolerance of 25 degrees Fahrenheit will be permitted for Number 4 and 6 oils. A tolerance of 10 degrees Fahrenheit will be permitted for Number 2 oil.
§ 3-94 Printer Tickets.
All deliveries of fuel oil to purchasers thereof, from vehicle tanks equipped with meters, shall be recorded in terms of gallons and grades of oil by means of the ticket printing device upon forms known as “printer tickets.”
§ 3-95 Contents of Printer Tickets.
Such printer tickets shall be consecutively numbered and shall contain the following: date of delivery, name of the customer and the delivery address, truck number, at least the last six digits of the Vehicle Identification Number, sales number, grade, price per gallon and quantity of the oil delivered and the driver’s signature; except that on those truck meters not equipped to print a sales number, the driver must have the initial totalizer readings recorded in ink or typed on his -daily route sheet, and the original totalizer numbers must be kept in the office; or the printer shall print totalizer readings on the delivery ticket; provided, further, that the price per gallon may be omitted on the copy of the delivery ticket required to be left at the point of delivery if a second copy of the delivery ticket, on which the price per gallon is recorded, is mailed or delivered to the purchaser of the fuel oil within 48 hours of delivery.
§ 3-96 Printer Tickets During Delivery.
Every driver or person in charge of a vehicle tank in which fuel oil is being transported or from which it is being delivered shall, before starting the delivery and at the point of delivery only, place the printer tickets into the printer device for the purpose of recording the quantity of fuel oil to be delivered and shall, upon termination of each delivery, effect the completion of the printer ticket and the removal thereof from the printer.
§ 3-97 Delivery Ticket Upon Delivery.
One copy of the delivery ticket shall be left at the point of delivery.
§ 3-98 Measured Liquid Diversion.
Vehicle tanks equipped with meters shall have no by-pass or other device or mechanism attached thereto by which any measured liquid can be diverted from the measuring chamber of the meter or the discharge line therefrom.
§ 3-99 Mechanical Air Eliminators.
Vehicle tanks equipped with meters shall be provided with a mechanical air eliminator adjacent to the meter inlet and shall be so equipped as to prevent air or an emulsion of air and oil from passing through the meter or being delivered to the consumer. The vent from the air eliminator shall terminate in the nearest compartment not more than one inch below the top of the compartment. The vent shall be of rigid material and shall be of the largest size that can be accommodated in the fitting on the air eliminator housing, as designed by the manufacturer. No device shall be provided or used to shut off or otherwise obstruct such vent.
§ 3-100 Delivery Tickets – Quantity Representations.
No person shall issue, or direct the issuance of, or have in his possession delivery tickets showing different quantities of oil for the same delivery or tickets with preprinted quantity representations for undelivered oil.
§ 3-101 Loading Tickets.
When fuel oil is purchased for resale, or is sold, offered for sale or delivered directly to the public by the dealer or owner of a fuel oil bulk plant, the operator of the vehicle transporting or delivering such oil shall retain in his possession during such transportation or delivery and shall exhibit to an inspector, upon request, a ticket commonly known as a “loading ticket,” which must be issued by the seller or his agent, and which shall indicate the grade of fuel oil as well as the quantity. If the temperature of the oil is above 60 degrees Fahrenheit, a volumetric correction to 60 degrees Fahrenheit must be made. A tolerance of 25 degrees Fahrenheit will be permitted for Number 4 and 6 oils. A tolerance of 10 degrees Fahrenheit will be permitted for Number 2 oil.
§ 3-102 Inspection.
Any person engaged in the business of or owning a vehicle used for the delivery of gasoline, kerosene or petroleum products, other than liquefied petroleum gases, in the City of New York, shall submit for inspection, at least annually, at a location and time designated by the Commissioner, the measuring devices and the vehicle tanks used as measures employed to determine the quantity delivered; provided, further, that measuring devices, which have been repaired or condemned and repaired, or whose security seals have been broken, for any reason whatsoever, shall be submitted for reinspection at a location and time designated by the Commissioner and that such procedure shall be applicable to any change or modification of a tank measure.
§ 3-103 Inspection of Printer Tickets.
Any person engaged in the business of delivering fuel oil to purchasers in the City of New York from vehicle tanks equipped with meters must retain a copy of each printer ticket for a period of two years after the corresponding delivery is made. At the time of inspection by the Department, the person must produce, upon request, a copy of any printer ticket delivered to a consumer within the past two years.
Subchapter F: Open Air Street Markets [Repealed]
§ 3-111 Qualifications for Permit. [Repealed]
*§ 3-112 Procurement of Permit. [Repealed]* ::
§ 3-113 Suspension, Revocation and Reissuance. [Repealed]
*§ 3-114 Identification Photographs. [Repealed]* ::
§ 3-115 License Plates. [Repealed]
*§ 3-116 Weekly Rental Fee. [Repealed]* ::
§ 3-117 Sale, Assignment or Sublease of Stand. [Repealed]
*§ 3-118 Commodities and Stands. [Repealed]* ::
§ 3-119 Loss of Permit or Plate. [Repealed]
*§ 3-120 Compliance with Other Laws and Regulations. [Repealed]* ::
§ 3-121 Disposal of Refuse. [Repealed]
*§ 3-122 Obstruction by Pushcarts and Vehicles. [Repealed]* ::
§ 3-123 Obstruction by Merchandise. [Repealed]
*§ 3-124 Attendance. [Repealed]* ::
§ 3-125 Official Hours. [Repealed]
*§ 3-126 Failure to Operate Stand. [Repealed]* ::
§ 3-127 Assistants. [Repealed]
*§ 3-128 Loitering. [Repealed]* ::
§ 3-129 Advertising Signs. [Repealed]
*§ 3-130 Misrepresentation and Discourtesy. [Repealed]* ::
§ 3-131 Rules to be Furnished to Permittees. [Repealed]
Subchapter A: Repairs of Second-hand Weighing Or Measuring Devices
§ 4-01 Removal of New York City Security Seal.
Immediately upon the completion of any repairs, or replacement or servicing of any component parts thereof, the licensed repairman shall replace the New York City security seal affixed to a weighing or measuring device.
§ 4-02 Repairman’s Security Seal.
The licensed repairman shall replace the New York City security seal with a security seal, bearing the name or initials of the licensed repairman (company) and his or its license number. Said security seal shall have such information clearly and legibly imprinted on each side of the security seal on the sides visible to any interested person.
§ 4-03 Use of Initials, Abbreviations, Trademarks and Logos.
Any licensed repairman who elects to use initials, abbreviations, trademarks or logos in lieu of his or its full company name, may only do so by first notifying the Commissioner, in writing, in duplicate, of its intention to do so. Said notification must contain an exact replica of the initials, abbreviations, trademark or logo desired. If approved by the Commissioner, one copy of said notification will be returned by the Commissioner to the licensed repairman. The license number must be used in conjunction with said initials, abbreviation, trademark or logo.
§ 4-04 Employees’ Identification Number or Letter.
Each licensed repairman (company) shall, if he or it employs more than one repairman or serviceman, assign an identification number or letter to each such individual. Said identification number or letter must also be imprinted upon the security seal in addition to the information required in 6 RCNY § 4-02.
§ 4-05 New Repairmen and Servicemen.
Each licensed repairman (company) shall notify the Commissioner, in writing, in duplicate, within three (3) business days of the employment of a new repairman or serviceman, and of the number or letter assigned to said employee. The Commissioner shall acknowledge receipt of said notification by return of the duplicate copy to the licensed repairman. Said receipted copies shall be retained by the licensed repairman for a period of two (2) years.
§ 4-06 Cumulative List of Employees. [Repealed]
The sign required to be posted pursuant to § 10-134.2 of the Administrative Code of the City of New York shall contain only the following notice within a black bordered box, with the names and titles of the current City officials set off in a separate box. The italicized text included below is instructional, and is not intended to be part of the text required to be included in the sign.
WARNING-LASER POINTERS: Selling or giving a laser pointer to anyone 18 years of age or under is PROHIBITED BY LAW and punishable as a MISDEMEANOR [to be in 54-point type].
New York City Administrative Code Sec. 10-134.2 [in 16-point italic type].
[Insert Name], Commissioner [in 16-point bold type] Department of Consumer Affairs [in 16-point type]
[Insert Name], Commissioner [in 16-point bold type] Police Department [in 16-point type]
City of New York [in 16-point bold type] [Insert name], Mayor
§ 4-11 Size of Sign.
The sign containing the information specified in 6 RCNY § 4-10 shall not be smaller than eleven inches in length and eight and one-half inches in height, and the letters shall be printed in the font type identified above in italics.
§ 4-12 Posting of Signs.
The sign required to be posted pursuant to § 10-134.2 of the Administrative Code of the City of New York shall be conspicuously placed within ten feet of a retailer’s cash register(s), and shall be clearly visible to consumers prior to the time they pay for their merchandise.
§ 4-15 Number of Signs.
A retailer shall post a sign at each cash register, except that for cash registers that are placed adjacent to each other, a retailer shall post a sign for every group of four such adjacent cash registers.
§ 4-16 Signs in Foreign Languages.
The signs required to be posted pursuant to § 10-134.2 of the Administrative Code of the City of New York shall be in English and shall also be in any other language which the retailer uses to attract customers or to transact business.
Subchapter B*: Language Assistance Notices At Pharmacies
§ 4-11 Content and Form of Language Assistance Sign.*
(a) The sign required to be posted at chain pharmacies pursuant to § 20-623 of the administrative code of the City of New York to inform limited English-proficient individuals of their rights to language assistance in the seven languages identified biennially by the Department of City Planning shall include the following statement in English and in each of the languages listed: "Point to your language. Language assistance will be provided at no cost to you."
Subchapter D: Hamburger and Chopped Meat
§ 4-41 Custom Meat Grinding.
(a) Custom grinding is defined as a grinding, on the premises, of meat purchased either prepackaged or cut to order and ground at the request of the customer.
§ 4-42 Sale of Hamburger.
(a) Any product sold, offered, exposed or advertised for sale as hamburger shall conform to the requirements of § 20-668 of the Administrative Code of the City of New York (definition of hamburger).
Subchapter E: Retail Sales of Petroleum Products
§ 4-51 Testing and Approval of Pumps and Measuring Devices.
No person, firm or corporation in the business of selling or offering for sale gasoline or other petroleum products, shall use any pump or measuring device, after installation or repair, unless such device has been tested and approved by the Commissioner of Consumer Affairs or an Inspector of the Department.
§ 4-52 Priming of Pumps.
Every person, firm or corporation in the business of selling or offering for sale gasoline or other petroleum products for use in a motor vehicle, shall prime each pump every day before serving the public, and shall have an approved and sealed five (5) gallon test measure on the premises to test these pumps daily. The name and address of the premises shall be indelibly imprinted on the five (5) gallon test measure and such markings shall be clear, legible and in letters not less than one inch in height.
§ 4-53 Official Seal.
The official seal placed on pumps or other measuring devices by an Inspector of the Department, shall not be removed, defaced, or obscured.
§ 4-54 Security Seal.
The security seal attached to the meter adjustment shall remain unbroken, except that a licensed repairman may break the city seal to make necessary repairs or recalibrations. Immediately upon completion of repair, the licensed repairman shall replace the security seal with his own, bearing proper identification. The repairman shall then notify this Department, in writing, within twenty-four hours, of such repair.
§ 4-55 Out-of-Order Pumps.
A sign printed with red letters of at least one inch in height, shall be placed over the dial face of any pump which is not in proper working order. The delivery hose must be disconnected therefrom. The sign shall read as follows:
“THIS PUMP IS OUT OF ORDER.”
§ 4-56 Dispensing Devices.
No sale or offer for sale of gasoline or diesel motor fuel shall be made, at retail, from a dispensing device which has a broken interlock and which does not have on its face or dial, in red letters, the following statement, “Gallon and Total Price Indicators Must Be At Zero When Delivery Is Begun, Under Penalty Of Law.”
§ 4-57 Bottles and Measures.
All bottles and measures, used in measuring and selling petroleum products, shall conform to the following specifications:
1 quart of oil in a 1/2 gallon measure.
3 quarts of oil in a gallon measure.
§ 4-58 Grease Measuring Devices.
Grease measuring devices for transmission and differential lubricants.
§ 4-59 Inspection Certificates.
All owners or users of weighing or measuring devices shall retain, for one year and have available for examination, the inspection certificate issued to them by a Consumer Affairs Inspector, as evidence that these devices have been tested and sealed in accordance with law.
§ 4-60 Yard and Delivery Tickets.
(a) The driver of each truck making a delivery of gasoline shall be supplied with a yard or delivery ticket, to be kept in his possession until completion of the delivery of the entire load.
§ 4-61 Return and Inspection of Tickets.
Upon completion of delivery, the yard or delivery ticket shall be turned in by the driver to the originating terminal, where it shall be kept on file for six (6) months, and shall be made available during business hours, for inspection.
§ 4-62 Selector Valves.
Selector valves on each truck used for making a delivery of gasoline shall be clearly and indelibly marked and maintained, so that the relationship of the selector valve to the numbered compartment is readily visible.
§ 4-63 Signs.
(a) Pump-signs.
(1) Each pump which dispenses gasoline or diesel motor fuel for sale at retail shall display a sign in compliance with the requirements of § 20-672 of the Administrative Code (hereinafter referred to as the “Sign”). The Sign shall be composed of two units, one shall contain the total selling price and the other shall contain the price breakdown box.
(2) The unit of the Sign setting forth the total selling price shall display the selling price per gallon including all applicable taxes and shall be accompanied by the statement “Includes All Taxes.” All numbers used to display the total selling price shall be of uniform size and shall be at least 8 inches in height, and a stroke width of at least 7/8 inch. The statement “Includes All Taxes” shall be in letters of uniform size at least 1/2 inch in height and extending at least 5 1/2 inches.
(3) The unit of the Sign setting forth the price breakdown box shall be located in the lower right hand corner of the Sign and shall be no less than 6 inches in height and 4 inches in width. The price breakdown box shall include the basic price per gallon, the Federal and State taxes per gallon, the New York City sales tax per gallon, the City lead tax per gallon and the total selling price per gallon. All numbers used in the price breakdown box shall be of uniform size and shall be at least one inch in height with a stroke width of at least 3/16 of an inch.
(4) Where a tenth of a cent number is used on the Sign, that number must be at least 1/2 the size of the number to which it relates.
(5) All letters used to explain the information in the price breakdown box of the Sign shall be at least 1/4 inch in height and 1/8 of an inch in width.
(6) The Sign shall be securely fixed to the pump so that the information may be easily read from the dispensing side of the pump.
(7) If service of gasoline or diesel motor fuel may be made from more than one side of a pump or dispensing device, the Sign shall be so constructed as to be visible from each side from which dispensing takes place or a Sign shall be posted on each side that dispensing takes place.
(8) Each pump which dispenses more than two grades of gasoline shall display a sign which shall be not less than 13 inches in height and 26 inches in width and shall contain the total selling price and a price breakdown box for each grade of gasoline dispensed, and shall satisfy the following conditions and paragraphs (4), (6) and (7) of this 6 RCNY § 4-63(a): (i) The width space of the sign shall be equally divided among all of the grades of gasoline dispensed.
(ii) Each grade subdivision of the sign shall be composed of two units. One shall contain the total selling price and the other shall contain the price breakdown box.
(iii) The unit of the sign setting forth the total selling price shall display the grades and grade numbers advertised and prices per gallon including all applicable taxes and shall be accompanied by the statement “Includes All Taxes.” All numbers used to display the total selling price shall be of uniform size.
(iv) For signs containing three or more grades of gasoline, the numbers relating to price shall be at least 7 1/2 inches in height and at least 1 1/2 inches in width and a stroke width of 1/2 inch.
(v) The price breakdown box for each grade subdivision shall be located directly below the total selling price for each grade and grade number advertised and shall be at least 3 3/8 inches in height and as wide as each grade subdivision. The price breakdown box shall include the basic price per gallon, the Federal and State taxes per gallon, the New York City sales tax per gallon, the City lead tax per gallon and the total selling price per gallon. All numbers in the price breakdown box shall be at least 5/8 inch in height and at least 3/8 inch in width with a stroke width of 1/8 inch.
(vi) All letters used to explain the information in the price breakdown box of the sign shall be at least 1/4 inch in height and at least 1/8 inch in width.
(vii) All letters and numbers advertising the grades of gasoline dispensed shall be at least one inch in height and at least 1/2 inch in width with a stroke width of at least 1/8 inch. The statement “Includes All Taxes” shall be in letters of uniform size at least one half inch in height.
(1) Every sign, poster or placard used to display, advertise, or refer to the price of any petroleum product, including gasoline and diesel motor fuel, other than that used on a dispensing device, must clearly display:
(i) The name, trade name, brand, mark or symbol, and grade or quality classification, if any, and method of processing, of any displayed, advertised, or referred to products, or, if such products are sold without identification, such sign, placard or other display must refer clearly to such products as unbranded;
(a) If a product displayed, advertised, or referred to is associated with the same brand as the petroleum station offering such product for sale, the name, trade name, brand, mark or symbol of such product may be placed either adjacent to or directly above the grade or quality classification and the price(s) of such product, and all such information shall be deemed to be displayed on the same sign;
(b) If a product displayed, advertised, or referred to is unbranded or is associated with a different brand than the petroleum station offering such product for sale, the term “unbranded” or the name, trade name, brand, mark or symbol associated with such product must be displayed adjacent to the grade or quality classification and the price(s) of such product;
(ii) the price, including all applicable taxes, per unit of measure at which such product is customarily sold at retail, which for gasoline or diesel motor fuel must be by gallon;
(iii) near the price, the legend “Includes All Taxes;”
(iv) if gasoline is offered for sale, the price of the lowest grade of gasoline offered for sale; and
(v) if the price charged for a petroleum product displayed, advertised or referred to on the sign, poster or placard varies based on the form of payment, each price charged for that product along with language identifying the product and form or forms of payment associated with each price.
(2) The total number of signs, posters, and placards used to display, advertise or refer to the price of petroleum products shall not exceed the number of vehicular traffic streets upon which the service station faces. For the purpose of this section, signs used on dispensing devices shall not be included in the number of signs permitted to be displayed and a sandwich or “A” sign, placard, or poster shall be considered one sign.
(3) Any sign, poster or placard shall be located within the building line of the service station.
(4) Size requirements for letters and numbers on signs:
(i) All numbers referring to price must be the same height, width and thickness except when a tenth of a cent number is used, that number must be at least one half the size of the number to which it relates.
(ii) All letters must be of a height, width, and thickness that is no greater than the size of the largest number on the sign, poster, or placard referring to price.
(iii) Identification of the petroleum product offered for sale and any non-numerical language distinguishing the prices charged for different forms of payment must be in letters and numbers not less than one-half of the height, width and thickness of the numbers referring to price.
(iv) All letters and numbers shall be black on a white background or displayed on an illuminated light-emitting diode sign.
§ 4-64 “Fill” and “Stick” Lines – General.
The covers of “fill” lines and “stick” lines shall be painted with distinctive colors and, city wide, shall be uniform as to trade name, brand, mark or symbol, and grade or quality classification. The colors on the covers of “fill” and “stick” lines pertaining to the same products shall be identical.
§ 4-65 “Fill” and “Stick” Lines – Major Oil Companies.
Major oil companies, whose products are sold or offered for sale in the City of New York, shall notify the Department as to the colors currently being used on the covers of “fill” and “stick” lines on premises dispensing their gasoline and diesel motor fuel.
§ 4-66 Color Samples.
Each company selling gasoline in the City of New York shall supply the Department with one (1) gallon of color sample of each type of gasoline. The color sample may be in either an aqueous solution or in a miscible oil base. Whenever a product is so changed that the color is changed, the company making the change shall supply the Department with a new one (1) gallon sample denoting the new color.
§ 4-67 Gauges.
Gauges installed where “stick” lines have been sealed pursuant to Fire Department regulations, shall be maintained within a tolerance of 3 percent.
§ 4-68 Sale of Petroleum Products Other Than Gasoline and Diesel Motor Fuel.
A petroleum product, other than gasoline and diesel motor fuel, shall be sold or offered for sale only in a sealed container if the container of such product has imprinted thereon a name, trade name, brand, mark or symbol or other identification of the product.
§ 4-69 Water in Gasoline.
(a) Storage tanks on premises from which gasoline or diesel motor fuels are drawn and sold or offered for sale, at retail, for use in motor vehicles shall be checked daily by the operators of the premises for water content. Such test should always be made at a reasonable time after a truck delivery of the product and may be considered as complying with the once-a-day requirement. If one or more inches of water are present in any of the tanks, the operators shall cease dispensing gasoline or diesel oil from those pumps drawing from these storage tanks and shall take immediate steps to remove the water from these storage tanks.
§ 4-70 Octane Posting.
(a) Retailers must post the octane rating of all gasoline sold to consumers. The posting is fulfilled by putting at least one label on each face of each gasoline dispenser through which the gasoline is sold. If two or more kinds of gasoline are sold with different octane ratings from a single dispenser, then separate labels must be placed for each kind of gasoline on each face of the dispenser.
(2) Petitions for an exemption from the placement requirements are to be submitted in writing to the secretary of the United States Federal Trade Commission. The petition must include the reasons for the desired exemption.
(2) To Determine Octane Rating.
(i) Refiners, importers or producers must determine the octane rating of all gasoline before it is transferred. This can be done by the refiner, importer, producer, or through a testing lab.
(ii) (A) To find the octane rating, add the research octane number and the motor octane number and divide by two as explained by the American Society for Testing and Materials (ASTM) in ASTM-D 439-78, entitled “Standard Specifications for Automotive Gasoline.” To determine the research octane number, use ASTM standard test method D 2699-75 and to determine the motor octane number, use ASTM standard test method D 2700-75.
(B) If ASTM changes these standards, there will be a 30-day comment period, beginning after the Commission publishes the change in the FEDERAL REGISTER. During this time, Commission staff or any person affected by the change may petition the Commission not to adopt the change because it is a change in the procedures for determining octane ratings, or to extend the length of time of the grace period that follows the comment period. If based on comments, the Commission decides to permit incorporation of the change into the rule. The change will become effective 60 days after expiration of the comment period, unless this period is extended by the Commission. If the Commission decides not to permit automatic incorporation, formal procedures may be initiated to evaluate the change.
(2) If the labels are destroyed or are unusable or unreasonable for some unexpected reason, a retailer may post a temporary label as much like the required label as possible. However, the required label must be posted as soon as possible.
(3) Retailers who receive gasoline from a common carrier, must receive, from the common carrier, a certification of the octane rating of the gasoline, either by letter or on the delivery ticket or other paper.
§ 4-71 Octane Posting Labels.
All labels must meet the following specifications:
Subchapter F: Moisture Content of Processed Meats and Meat Products
§ 4-81 Definitions.
Container. “Container” shall mean any carton, box, crate, barrel, half-barrel, hamper, keg, drum, jug, jar, crock, bottle, bag, basket, pail, can, wrapper, parcel or package.
Curing solution. “Curing solution” shall mean the moisture content of a solution, exclusive of any other ingredients which constitute part of the solution, used in the processing of meats and meat products.
Labeling. “Labeling” shall mean a printing, lithographing, embossing or other marking on tags, labels, stickers, seals, wrappers, and receptacles, or a branding.
Person. “Person” shall mean any individual, firm, corporation or association.
Processed meats and meat products. “Processed meats and meat products” shall mean pickled, pumped, cured, or otherwise treated meats and meat products.
Route salesman. “Route salesman” shall mean an employee of a packer, wholesaler or distributor who operates a vehicle loaded with processed meats and meat products owned by his employer and sells and delivers such processed meats and meat products directly off such vehicle.
Sausage. “Sausage” shall mean a meat or meat product, such as “frankfurter,” “vienna,” “bologna,” prepared with meat, or meat and meat by-product, seasoned with condimental proportions of condimental substances.
§ 4-82 Labels.
(a) Processed meats and meat products of the kind required to be labeled as to moisture content by the Meat Inspection Regulations of the U.S. Department of Agriculture shall be labeled as to moisture content in the manner required by said regulations or with the statement, "not in excess, by weight, of 10 percent of added curing solution or of any other liquid."
§ 4-83 Meat and Cheese Products.
Processed meats and meat products such as knockwurst and other similar products, headcheese, souse, sulze, scrapple, blood pudding, liver pudding, non-specific loaves, chile con carne, and meat and cheese products when prepared with sufficient cheese to give definite characteristics to the finished products shall not be subject to the moisture content limitations of this subchapter. The Commissioner shall have the power to exempt from the maximum moisture content requirements of this subchapter other similar processed meats and meat products which, upon investigation, warrant such exemption.
§ 4-84 Invoices.
Every retailer, wholesaler, distributor or jobber receiving processed meats and meat products for resale shall be furnished, at the time of delivery, an invoice stating the net weight of the processed meats and meat products so delivered and containing the statement, “not in excess, by weight, of 10 percent of added curing solution or of any other liquid,” except that, for processed beef briskets received by such purchaser, the invoice shall state the net weight and contain the statement, “not in excess, by weight, of 20 percent of added curing solution or of any other liquid.” In lieu of said statements as to moisture content, the invoice may contain the statement, “all products comply with applicable maximum moisture requirements of New York City Law.”
§ 4-85 Inspection of Invoices.
Every retailer, wholesaler, distributor or jobber shall have available for inspection by the Commissioner or his authorized representatives all invoices for the processed meats and meat products sold or offered for sale at his establishment at the time of inspection.
§ 4-86 Labeler Identified.
Processed meats and meat products labeled by a person other than the retailer, shall have on the labels the name and address of the person labeling these products or the official inspection or Health Department permit number of the establishment in which said products were labeled. Processed beef briskets, tongues and other similar processed meats and meat products shall be branded or labeled as to the identity of the processor, packer or wholesaler.
§ 4-87 Wholesale Labels.
Containers of processed meats and meat products which are not individually labeled, when sold or offered for sale at wholesale, shall be labeled as to net weight and labeled as to moisture content in accordance with the provisions of 6 RCNY § 4-82. In lieu of such moisture content labeling, said containers may be labeled with the statement, “all products comply with applicable maximum moisture requirements of New York City Law.”
§ 4-88 Delivery Invoices and Inventory Sheets.
Every person transporting or delivering processed meats or meat products shall have available for inspection by the Commissioner or his authorized representatives all purchase and sales invoices of such processed meats or meat products. Every route salesman shall, in lieu of such invoices, have available for such inspection a written inventory of all the processed meats and meat products originally loaded on the vehicle operated by him and all invoices of his sales therefrom. All such invoices and inventory sheets shall contain the statement or statements required by 6 RCNY § 4-84.
§ 4-89 Bulk Parts and Cuts.
Every bulk part or cut of a processed meat and meat product, offered for sale or sold at retail, shall be labeled as to moisture content in accordance with the provisions of 6 RCNY § 4-82 and such labeling as to moisture content shall be identical to the labeling of the whole processed meat or meat product, except that a clear and conspicuous placard or sign stating that “all products comply with applicable maximum moisture requirements of New York City Law,” at or near such meat, shall be sufficient to fulfill the requirements of this rule and regulation.
§ 4-90 Retail Containers.
An individual processed meat or meat product, in a consumer size container, shall be labeled as to net weight and labeled as to moisture content in accordance with the provisions of 6 RCNY § 4-82. The label on such a container shall bear the name and address of the packer, manufacturer, distributor or wholesaler, or the official inspection or Health Department permit number of the establishment in which the product was packaged in such container.
§ 4-91 Variations in Moisture Content.
A variation of plus or minus two percent of added curing solution or of any other liquid from the 10 percent, by weight, allowed by law may be permitted in an individual processed sausage sample, provided, however, that consistent plus one to two percent variations shall be deemed to be violations of §§ 20-677 and 20-678 of the Administrative Code.
§ 4-92 Display and Legibility.
The labeling of processed meats and meat products shall be legible, conspicuous and prominently displayed.
§ 4-93 Punishment.
Any person who shall violate any such rules and regulations shall be liable to forfeit and pay a civil penalty in the sum of not more than one hundred dollars for each violation.
§ 4-94 Violations.
Any person who shall violate any such rules and regulations shall be guilty of an offense triable by a magistrate, and punishable by a fine of not less than twenty-five dollars and not more than two hundred fifty dollars for each offense or by imprisonment not exceeding ten days, or by both.
Subchapter G: Etching Acids
§ 4-100 Valid Photo Identification.
The valid photo identification that a dealer of etching acid shall request from each purchaser of etching acid must:
§ 4-101 Purchasing Records to be Maintained.
(a) A dealer of etching acid shall record the following information about each sale of etching acid:
1. the date of the sale;
2. the name and age of the purchaser as shown on the valid identification provided by the buyer;
3. a complete description of the valid identification document that was accepted, including the name of the issuing agency, the type of identification document, the expiration date of the document, and any identification number or code appearing on the document;
4. the amount of etching acid sold to the purchaser; and
5. the unit price of the etching acid and the total cost of the purchase.
1. recorded in writing on a separate page for each transaction and kept in chronological order by the date of each sale, either in a bound volume or in a separate file, where only such documents are retained; or
2. retained in an electronic format and maintained in a data base from which the information can be retrieved by the date of the sale, the identity of the purchaser and the type of identification that was used.
§ 4-102 Posting of Notice.
(a) The notice of the required information must be conspicuously posted at the point of sale, shall include a statement that reads substantially as follows and shall be printed as indicated in brackets: "NOTICE TO ETCHING ACID PURCHASERS: [To be printed in capital letters in 16-point bold-faced type] You are required by law to furnish us with a valid, government-issued photo identification card, and we are required to record and maintain personal information about you that identifies you. [To be printed in 14-point type]
Subchapter H: Perishable Foods
§ 4-111 Definitions.
For the purposes of the application of these 6 RCNY §§ 4-111 through 4-114 (unless the context indicates otherwise) the following definitions apply:
Sell or offer to sell. “Sell” or “offer to sell” shall mean the act of selling, displaying, or offering for sale by a retailer or retail entity to the public for off-premises human consumption.
§ 4-112 Display of Required Information.
(a) On the containers of all foods specified in 6 RCNY § 4-113 there shall be stamped, printed or otherwise plainly and conspicuously marked, a statement indicating recommended conditions and methods of storage.
(1) the information shall appear on the top cover or principal panel of its container, or, on a label affixed thereto; or
(2) a notice shall appear on the top cover or principal panel or on a label affixed thereto indicating the location on the package of such information.
§ 4-113 Perishable Foods Covered.
The following commodities shall be labeled in accordance with the provisions of § 20-685 of the Administrative Code “Perishable foods,” and 6 RCNY § 4-112 governing the labeling of perishable foods:
(1) Bread, rolls and buns as defined in Title 21, Chapter 1, Part 17 of the Code of Federal Regulations, except those products traditionally known as “fruit-cake”
(2) Cakes, pastries and cookies, except those that are offered for sale in individual, portionpack, snack type packages;
(3) English muffins, corn muffins, bran muffins and other similar products.
(1) Those products with or without additives or flavorings, known as cheese, as defined in Title 21, Chapter 1, Part 19, §§ 19.499 through 19.685 of the Code of Federal Regulations, that contain 50 per cent or more moisture in the finished product.
(2) Low-fat, multi-vitamin, multi-mineral type milk products, which are normally stored at temperatures between 32 degrees Fahrenheit and 40 degrees Fahrenheit;
(3) Flavored milk;
(4) Cultured milk, cultured milk products, cultured skim-milk and cultured skim milk products, with or without fruits, vegetables, meats or cheeses, or other additives;
(5) Milk shake;
(6) Eggnog;
(7) Yogurt, made from skim-milk or whole milk, with or without fruits, vegetables, meats or other additives;
(8) Whipped cream and instant whipped cream;
(9) Sour cream, cultured cream, salad cream, and non-cultured sour cream, with or without fruits, vegetables, meats or cheese or other additives;
(10) Sour half and half, cultured half and half, non-cultured sour half and half and non-cultured half and half;
(11) Dairy dressing, and dairy dip;
(12) Non-dairy coffee creamers which are normally stored at temperatures between 32 degrees Fahrenheit and 40 degrees Fahrenheit.
§ 4-114 Exemptions.
(a) This subchapter shall not include any product stored in a retail store at or below a temperature of 32 degrees Fahrenheit, in accordance with the recommendations of the manufacturer or processor.
Subchapter I: List of All Populations of Endangered Or Threatened Species
§ 4-120 Definitions.
(a) Terms used in this subchapter shall have the meanings specified in § 20-698 of the New York City Administrative Code.
(1) “All populations” means every member of the species identified as an endangered or threatened species wherever such members are found.
(2) “Endangered or threatened species list” or “list” means the information published by the commissioner on the department’s website that references endangered or threatened species and that specifically identifies which of such species includes all populations.
§ 4-121 Publication of Endangered or Threatened Species List.
(a) The commissioner shall publish the endangered or threatened species list by April 1, 2005 and annually thereafter on the same date or on the first business day thereafter on the website of the department. Such list shall be published in English and in Chinese.
(1) include a description of the contents of, and a link to, the website of the New York Department of Environmental Conservation that identifies all endangered or threatened species; and
(2) identify by common name such of the endangered or threatened species that includes all populations.
§ 4-122 Selection of Species Including All Populations.
The commissioner shall, prior to the publication of the endangered or threatened species list, determine which of the threatened and endangered species includes all populations, and shall identify such species by common name in the endangered or threatened species list.
§ 4-123 Identification of Prohibited Products.
(a) Any product that is labeled, advertised or described as containing any part or ingredient derived from a species identified as including all populations in the endangered or threatened species list shall be subject to the prohibitions specified in § 20-699 of the New York City Administrative Code.
Subchapter A: Consumer Protection Law
§ 5-01 Definitions.
Consumer. “Consumer” means an individual who buys or leases consumer goods or services, and that individual’s co-obligor or surety.
Consumer goods and services. “Consumer goods and services” means goods or services (including credit) that are primarily for personal, household, or family purposes.
Item. “Item” means goods and services.
Legal name. “Legal name” means:
Seller. “Seller” means any individual or business that offers to sell or lease consumer goods or services. “Seller” includes manufacturers, wholesalers, and others who are responsible for any act or practice regulated by this code.
§ 5-06 The Word “Free” and Similar Representations.
(a) Scope. This section governs the use of the words "free," "gift," "given without charge," "bonus," "1¢ additional," and any other terms which imply that an item, as defined in 6 RCNY § 5-01, is free or offered at a nominal cost in the sale or offering for sale of any consumer goods or services. It governs signs inside stores, storefront advertising, handbills and all other types of written advertisement, but not advertising on packages placed thereon by a person or entity other than the retailer. In this section, the word "free" refers to any word or phrase of similar meaning. A "free offer" is an offer involving the use of any such word or phrase.
(1) The “regular price” is the price at which an item has been actively and openly sold by the seller for a substantial period of time in the recent past.
(2) A seller who makes a free offer contingent upon another purchase may not:
(i) charge more than the regular price for the item; or
(ii) reduce the item’s quantity or quality; or
(iii) continuously make such offer or repeat it so frequently that the two items are being sold in combination at one price; or
(iv) make such offer in connection with the sale of an item that is usually sold at a price negotiated with consumers.
§ 5-07 Number Size in Advertised Prices.
(a) Sellers who advertise a price over one dollar must state the number of cents in figures at least one-half as tall and broad as the figures used to state the number of dollars.
§ 5-08 Sales Promotions.
Sellers must comply with the provisions of § 369-ee of the New York State General Business Law (“Prize award schemes”).
§ 5-09 Limitations on Offers.
(a) Sellers offering consumer goods or services in print advertising and promotional literature must disclose clearly and conspicuously all material exclusions, reservations, limitations, modifications or conditions. A disclosure made in print at least one-third as large as the largest print used in the advertisement or promotional literature satisfies this section. Examples: If the following facts are true, they must be disclosed:
(1) In an advertisement for an item sold from more than one location:
(i) locations which do not have certain items mentioned and
(ii) locations which charge rates higher than those mentioned in the advertisement. Where such locations are not known and cannot be reasonably ascertained, a seller must include the following statement in the advertisement: “Not available at all locations.” The seller shall also include a statement in the advertisement that indicates how a consumer may obtain information about the availability of an item at a specific location such as: “Check with your local store for availability.”
(2) That advertised prices are available only during certain days or times.
(3) That advertised prices are available only if complete sets are purchased.
(4) That minimum or maximum amounts must be purchased for advertised prices to apply.
(5) That there are trade-in requirements.
(6) That there are additional charges for delivery or for mail orders.
§ 5-10 Deceptive Classified Ads.
(a) Dealers, brokers, or business entities advertising in the classified section of a newspaper, magazine or other printed media must disclose that they are businesses.
§ 5-11 Limited Editions.
(a) Items offered for sale to consumers may not be described as limited unless their edition, printing, minting, crafting, or production is restricted to either:
(1) A predetermined maximum quantity; or
(2) The actual quantity ordered or subscribed to within a specified, reasonably short time. All terms that indicate that production of a product is limited are covered by this section.
§ 5-12 Prices in Multi-Product and Multi-Service Advertisements.
(a) In any advertisement for two or more similar items or services, when a range of prices is stated, or the existence of a range is implied, the highest price must be stated in figures at least as tall and broad as the figures in the lowest price stated. The existence of a range is implied where words such as, but not limited to, "from," "as low as," "beginning at," "starting at," or "______ and up" are used in an advertisement. This subdivision (a) applies even where an advertisement discloses the price of all items and services.
§ 5-13 Advertisements Claiming to Boost the Immune System.
(a) It is a deceptive trade practice to make a claim or to imply in an advertisement that the use of a product or treatment will boost, enhance, stimulate, assist, cure, strengthen or improve the body's immune system unless such advertisement discloses either:
(1) the effect of the treatment or use of the product on an HIV-positive person or a person with AIDS (Acquired Immune Deficiency Syndrome) or;
(2) that use of the products or treatment has not been proven to prevent primary infection with HIV, nor is to be a cure for AIDS, nor to extend the life or improve the health of an HIV-positive person or a person infected with AIDS.
§ 5-21 Compliance with Federal, State and Local Laws Regarding the Extension of Credit.
(a) Scope. This section applies to all persons and businesses engaging in activities relating to consumer credit. In this section, such persons and businesses are called creditors.
§ 5-22 [Reserved]
Merchants who accept payment from a consumer that will be applied to the purchase of merchandise on a “layaway plan,” as such term is defined in § 396-t of the New York General Business Law, must comply with all the requirements of that section.
§ 5-24 Credit Card Limitations.
(a) A seller who accepts credit cards must conspicuously disclose every limitation the seller imposes on their use.
§ 5-31 Future Services Contracts.
(a) Definition. A contract for consumer services that will be provided on a continuing basis is a "contract for future consumer services." However, this section does not apply to:
(1) boarding accommodations;
(2) travel arrangements made less than a year in advance;
(3) the sale of goods which include warranties of service and repair;
(4) services by non-profit educational institutions.
(1) 5 percent of the cash price, or $50, whichever is less;
(2) the cost to the seller for any goods the consumer used or the consumer is keeping; (3) the portion of the full contract price representing services received by the consumer (if a consumer cancels a contract for lessons by missing consecutive lessons that represent at least 25 percent of the lessons in the entire course, those missed lessons up to 25 percent can be treated as services received by the consumer).
(1) the consumer mails the seller notice of intent to cancel; or
(2) the seller actually knows the consumer intends to cancel; or
(3) the consumer misses consecutive lessons that represent at least 25 percent of an entire course, and the consumer does not inform the seller in writing that he or she intends to remain enrolled.
§ 5-32 Documentation of Transactions.
(a) Definitions.
Audio equipment. “Audio equipment” means any apparatus or equipment that is used for sound reproduction, including but not limited to amplifiers, phonographs, radios, receivers, speakers, tape players, tape recorders and turntables. Audio equipment does not include prerecorded or blank audio recording tape or records.
Photographic equipment. “Photographic equipment” means any apparatus or equipment used for the taking of photographs, including but not limited to cameras, camera cases, lenses and tripods. “Photographic equipment” does not include film, photograph albums or apparatus or equipment used to develop or enlarge photographs.
Video equipment. “Video equipment” means televisions and any apparatus or equipment that is used in the process of producing images on a television set, including but not limited to video disk players, video game units and cartridges, video tape players and video tape recorders. “Video equipment” does not include prerecorded video discs and tapes or blank video tapes.
(1) offer a consumer a receipt for any retail purchase if the amount of the purchase is twenty dollars or more; and
(2) provide a consumer with a receipt upon request for any retail purchase if the amount of the purchase is between five and twenty dollars.
(1) the amount of money paid for each item;
(2) the total amount of money paid including a separate statement of tax;
(3) the date of the purchase;
(4) the legal name and address of the seller in accordance with Section “Legal Name” (5) where the cost of any item of “audio equipment,” “photographic equipment” or “video equipment” exceeds one hundred dollars, any make and model number.
(1) food or drink intended for on-premises consumption; or
(2) oil, gasoline or parking fees paid for in cash. Sellers of these goods and services must provide consumers with receipts upon request if the amount of a purchase is more than five dollars.
§ 5-33 Transactions Negotiated in Spanish.
(a) Scope. This section applies to the purchase or lease of consumer goods and services by means of an agreement to pay in installments.
(1) any document which the consumer signs;
(2) any document containing the merchant’s policy on refunds, cancellations or exchanges;
(3) any document containing terms and conditions of the agreement;
(4) any guarantees or warranties given by the merchant;
(5) any exclusion or modification of express or implied warranties. The consumer need not be given a Spanish translation of any document which the consumer will receive at a later date, such as monthly bills and sales slips for charge account purchases.
§ 5-34 Contract Cancellations.
(a) A contract for consumer goods or services may not be described as non-cancellable, unless the seller has performed all its obligations at the time the consumer signs the contract.
§ 5-35 Pricing of Items with Manufacturer’s Suggested Prices.
(a) Definition.
Manufacturer’s suggested retail price. “Manufacturer’s suggested retail price” means the list price, catalog price or any other retail price recommended by the manufacturer.
(1) disclose the selling price;
(2) disclose the manufacturer’s suggested retail price; and
(3) identify the manufacturer’s suggested retail price as the price recommended by the manufacturer.
§ 5-36 Sale of Used Items.
(a) A seller of a used item must disclose clearly that the item is used, in any advertisement or sales transaction concerning the used item.
§ 5-37 Disclosure of Refund Policy.
Sellers of consumer goods and services must comply with all provisions of New York General Business Law § 218-a. This regulation does not limit a consumer’s right to receive a refund, credit, exchange, or anything else permitted by law.
§ 5-38 Goods Temporarily in Short Supply.
(a) Scope. This section governs the sale of items which are temporarily in short supply because of extraordinary circumstances. Extraordinary circumstances can include fuel shortages, weather conditions, power failures, and strikes which result in limited deliveries of items to New York City consumers.
(1) filing a declaration as soon as possible with the City Clerk; and
(2) publishing the declaration as soon as possible in The City Record; and
(3) sending the declaration to the media specified in § 1043 of the New York City Charter. A declaration of temporary shortage shall expire in 30 days, unless it is terminated sooner by declaration. The Commissioner may issue a renewed declaration of temporary shortage upon expiration of the original declaration.
(1) increase prices in excess of an amount reflecting normal market fluctuations, except in accordance with the exemption rules in 6 RCNY § 5-38(e);
(2) require consumers to purchase another item in order to get the item in short supply, if no additional purchase was required before the shortage;
(3) require the purchase of a minimum quantity of the item in short supply;
(4) fail to give all consumers an equal opportunity to purchase the item in short supply (to the extent that such opportunity existed before the temporary shortage). A seller may, however, give preference to a category of consumers having a special health- or safety-related need for the item in short supply.
(1) may not represent falsely that an item is not available;
(2) must disclose any limitation or condition on sale of an item conspicuously in a sign at the point of sale.
(1) A seller of items the Commissioner has declared temporarily in short supply may increase prices in excess of an amount reflecting normal market fluctuations if he or she can show that additional costs have been incurred in providing the item, through no fault of the seller or as a result of the seller’s attempt to give consumers additional opportunities to purchase the item (for example, by increasing the hours during which an item can be purchased). This exemption only applies to the increased cost incurred by the seller.
(2) This exemption does not apply when another law or regulation prohibits a price increase.
(3) A seller using this exemption must keep records, for one year, of the increased costs incurred. The records shall be made available upon demand to the Department of Consumer Affairs.
§ 5-39 Cancellation of Home Appointments.
(a) Cancellation of home appointments.
(1) When a seller makes an appointment with a consumer to pick up, deliver, inspect or repair goods at the consumer’s home, the seller must keep the appointment or give the consumer written or verbal notice of cancellation. The notice must be received before the end of the business day before the day of the appointment. If it is impossible for the seller to give notice by the end of the day before the appointment day, the seller must give notice as soon as possible.
(2) When verbal notice is given, the seller must mail a notice of the cancellation the next day. This need not be done, however, if the seller and consumer reschedule the appointment for a date within three days of the date the seller cancelled.
(3) A seller may cancel an appointment without notice only if the cancellation is caused by the consumer, by natural disaster, or by strike. Employee illness and mechanical breakdown do not relieve the seller of the obligation to give notice.
(1) seller’s name;
(2) consumer’s name and address;
(3) description of the goods;
(4) date of appointment which was cancelled;
(5) date appointment has been postponed to, if any;
(6) date that notice of cancellation was given.
§ 5-40 Liability for Negligence.
A seller may not state that it is not liable for damages caused by negligence, if such a statement is invalid according to a statute, regulation or ordinance. For example:
§ 5-41 Unlawful Sales Tax.
It is a deceptive trade practice for any seller to collect sales tax on the sale of any good or service that is not subject to such tax under Article 28 of the New York State Tax Law or the rules and regulations promulgated thereunder.
§ 5-46 Car Rental.
(a) Reservations. A motor vehicle rental business which reserves vehicles for consumers must make available either the vehicles reserved, or one which seats at least as many passengers as the one reserved and is suitable for the consumer's purposes, within one-half hour of the reserved time, either at the reserved location or at another location to which the consumer is transported without charge. This subdivision (a) does not apply if the consumer is told when the reservation is made that the reservation is not guaranteed. The business must fulfill all other terms of the reservation.
If you have made a reservation for a car (or truck), that reservation must be honored at the price originally promised, within one-half hour of the time originally promised, unless you are told when you make the reservation that it is not guaranteed. To report complaints, contact the New York City Department of Consumer Affairs, (Insert the Department’s current address), Complaint Phone: (Insert the Department’s current complaint telephone number).
§ 5-47 Jewelry Sellers and Appraisers.
(a) Definitions.
Jewelry. “Jewelry” means unset rare gems, precious stones and semi-precious stones, and articles for personal wear which contain rare gems, precious stones or semi-precious stones.
Standard of monetary value. “Standard of monetary value” means the basis for measurement such as retail replacement value, wholesale value, or resale value.
(1) Every written appraisal must state the standard of monetary value used, clearly and on the same side of the paper that contains the appraised value. If the standard used is the retail replacement value, the appraisal form must contain a notice which states clearly and conspicuously:
(i) that the appraisal value is the approximate price at which retail jewelry stores would sell the item;
(ii) that the consumer should not expect to be able to sell the item at the appraised value;
(iii) that appraisers’ opinions as to the value of jewelry vary by as much as 25 percent; and
(iv) that the appraiser does not guarantee that it will buy the item from the consumer if the consumer desires to resell it in the future. (If the appraiser is willing to make such a guarantee, then it must state the price at which it will buy the item.) This disclosure need not be made if the appraiser never buys jewelry from members of the public.
(2) Example: The following notice would satisfy the requirements of 6 RCNY § 5-47(b), in the case of an appraiser who also buys from the public and who is not willing to make any guarantees concerning purchase:
Notice – This appraisal tells you the approximate price at which you could replace this article with comparable merchandise at a retail jewelry store which normally sells jewelry of like quality. You should not expect to be able to sell the article for this amount. The opinions of appraisers concerning value vary by up to 25 percent. This company does not promise to buy the article from you at the appraised value or at any fraction of the appraised value.
(1) the price;
(2) in the case of a diamond or any article containing a diamond, the weight of the diamond(s) stated in the manner and within the limits of tolerance established by the Federal Trade Commission; and
(3) a description of the article, stating all materials of which it is composed. [;If a synthetic gem’s composition is a trade secret, its trade name may be disclosed instead of its actual composition; in such a case, the words “imitation” or “synthetic” must be placed immediately before or after the trade name.];
§ 5-48 Mail Orders.
(a) Mail order sellers who conduct business in New York City or who advertise a New York City mailing address must, within 30 days of receiving an order:
(1) deliver or mail the ordered merchandise; or
(2) make a full refund; or
(3) inform the consumer in writing of the time delivery is anticipated, and offer to send a refund within one week if the consumer wishes to cancel the order; or
(4) inform the consumer in writing of the intent to substitute an equal or better item if the consumer wishes to cancel the order (the seller must describe in detail how the substituted item differs from the one ordered); or
(5) send the consumer a substitute item of equal or better quality together with:
(i) a written notice offering, without condition, to accept the return of the item, at the seller’s expense, within 14 days of delivery; and
(ii) a business reply label, and an explanation that the consumer may return the item by resealing it, affixing the label, and mailing it to the seller without postage; and
(iii) a postage-paid letter or card on which the consumer may indicate whether the consumer wishes the purchase price to be refunded or credited to his account. The consumer’s request entered on this card or letter must be honored within two weeks of the time the seller receives the items.
(1) items ordered under an open-end credit plan (as defined in the federal Truth-in-Lending law) or under any other credit plan which was opened prior to the mail order in question and which permits the consumer to make future purchases; or
(2) items, such as quarterly magazines, which by their nature are not produced until a future date, and so cannot be stocked at the time of the order; or
(3) installments, other than the first, of items ordered for serial delivery, such as magazine subscriptions. The 30-day period of 6 RCNY § 5-48(a) does not apply when all advertising for the item conspicuously specifies a different time period by which delivery may be expected. One week after this specified time elapses, the requirements of 6 RCNY § 5-48(a) must be met.
§ 5-49 Door-to-Door Sales.
"Door-to-door sales" means the offering for sale, lease or rental of consumer goods or services at a location other than the seller's place of business. A seller engaging or planning to engage in a door-to-door sale must, during the initial contact, including telephone contact, with a prospective buyer, clearly state that the purpose of the seller's visit will be to make a sale.
§ 5-50 Delivery of Furniture and Major Appliances.
(a) Scope. This section applies to the sale of furniture and major appliances for use in a home. Furniture includes chairs, tables, cabinets, desks, sofas, carpets, beds and chests. This section does not apply to furniture which is in substantial part custom-made. Major appliances include air conditioners, audio and video equipment, clothes dryers and washing machines, dishwashers, freezers, refrigerators, stoves, ranges, ovens, sewing machines, and televisions. This section does not apply to sales of major appliances which have a purchase price of two hundred dollars or less.
(1) When a consumer orders furniture or a major appliance, the seller must disclose an estimated delivery date or range of delivery dates, conspicuously on the consumer’s copy of the order.
(2) When a seller will not be able to deliver furniture or a major appliance by the latest estimated delivery date disclosed on the order, the seller must immediately notify the consumer in writing of:
(i) the delay;
(ii) a new estimated delivery date or range of delivery dates; and
(iii) the consumer’s options, as set forth in 6 RCNY § 5-50(d), if delivery is not made by the latest estimated delivery date on the order. The seller does not need to notify the consumer of a delay in delivery if the delay is caused entirely by the consumer.
(1) When a seller does not deliver furniture or a major appliance by the latest estimated delivery date on the order, unless the seller’s time has been extended because of a strike, the consumer can:
(i) cancel the order and request a refund; or
(ii) cancel the order and request a credit for the full amount paid; or
(iii) negotiate a new delivery date; or
(iv) select new furniture or another major appliance.
(2) If the consumer cancels the order and requests a full refund or a credit for the full amount paid, the seller must give the consumer the full refund or credit for the full amount paid within two weeks of the consumer’s request.
(3) If the consumer negotiates a new delivery date, the new date chosen shall replace the latest delivery date stated on the original order. The consumer shall have the same rights with respect to the new date as if it were the latest delivery date disclosed on the original order.
(4) This subdivision (d) does not apply if the delay or failure to deliver is caused entirely by the consumer.
§ 5-51 Retail Sale of Gasoline.
A retail seller of motor vehicle gasoline:
§ 5-52 [Reserved]
Retail food stores shall obey the Federal Trade Commission Trade Regulations entitled “Retail Food Store Advertising and Marketing Practices.”
§ 5-54 Repair of Consumer Goods.
(a) Scope. This section applies to all repairs of consumer goods except for repairs:
(1) performed at no charge; or
(2) made under an agreement with a fixed fee and specified time of at least one year that entitles a consumer to have all repairs made without additional charge; or
(3) performed by persons required to be licensed as television, radio or audio equipment repairers under the Administrative Code of the City of New York.
(1) Requirements upon taking possession.
(i) A repairer who takes possession of a consumer’s property must immediately give the consumer a receipt and a written estimate. The receipt must contain:
(A) the legal name and the address of the repairer, disclosed in accordance with 6 RCNY § 5-01 “Legal Name”
(B) the name and signature of the person who actually takes the item;
(C) a description of the item, including make and model number, or such other features as will reasonably identify the item.
(ii) The written estimate must be signed by the repairer and must contain:
(A) a list of each part to be replaced and its replacement cost;
(B) a general description of the labor required for the repair and its cost;
(C) a statement of every additional charge such as charges for estimates or service calls;
(D) the promised date of completion (this need not be given if the repair is made the same day the item is first examined);
(E) a statement that the final cost, excluding tax, will not exceed the estimate by more than 20 percent. This statement need not appear if the repairer guarantees that the final cost will not be more than the estimate.
(iii) If it is impossible for the repairer to know what the repair problem is, the repairer may postpone giving the estimate, but must then add to the receipt the statement of:
(A) the charge (if any) for giving an estimate;
(B) the charge (if any) for pick-up and delivery; and
(C) every charge which will be imposed if the consumer does not authorize repairs.
(2) Requirements after taking possession.
(i) Before commencing repair work outside the home, a repairer must:
(A) give the consumer a written estimate (if one has not already been given); and
(B) get the consumer’s signed authorization to do the repairs at the estimated price.
(ii) The written estimate must be as described in the preceding paragraph (1) of this subdivision (c). Time or distance problems may make it impractical to deliver a written estimate and to get a signed authorization before the date agreed upon for repair work to begin. If this is the case, the repairer may begin work after:
(A) giving the consumer an oral estimate of the cost of repairs; and
(B) getting the consumer’s oral authorization to proceed; and
(C) putting a written estimate to the consumer in the mail.
(iii) Return of parts. After repair work is done, the repairer must give the consumer every part replaced, except for parts which were visibly defective when the consumer first sought the repair, such as torn auto upholstery, shattered auto glass or a broken watch crystal. A waiver of the right to receive replaced parts shall be effective if it is in the consumer’s own handwriting, and states clearly that the consumer is entitled to the parts but does not want them. For parts in any of the following categories, the repairer may simply show and offer them to the consumer:
(A) parts too large to be easily moved;
(B) parts which must be returned to the manufacturer if the consumer wishes to take advantage of a warranty; and
(C) parts which the repairer buys from the consumer to rebuild.
(iv) Completion date. The repaired item shall be available on the promised completion date. If a delay is expected, the consumer must be notified and given a new completion date. When complete repairs are delayed for an unreasonable period of time, the consumer has the right to immediate return of the property.
(v) Final bill. When the consumer gets the repaired item back, the repairer must give the consumer a written final bill which:
(A) itemizes each part replaced, clearly identifying it (for example, by make, model, or serial number) and indicating the price of its replacement;
(B) indicates the labor required for repair, and the charge for that labor;
(C) clearly itemizes any other charges;
(D) is signed by the repair person. The final bill may not exceed the written estimate by more than 20 percent.
(1) When repairs are done in the consumer’s home, the repairer must give the consumer an estimate (in writing if the consumer wishes) and get his or her permission to proceed, before starting repairs. The estimate must include parts, labor and all other charges which the consumer will have to pay.
(2) The repairer must give the consumer a written final bill that itemizes all charges, in the manner prescribed in 6 RCNY § 5-54(c)(2)(v), and discloses the legal name of the repairer in accordance with 6 RCNY § 5-01 “Legal Name”. In addition, the bill must legibly state the name of the person who actually did the repair. The bill may not exceed the estimate by more than 20 percent.
(3) The repairer must give to the consumer all replaced parts, except the repairer may simply show and offer to the consumer parts in the following categories:
(i) parts which must be returned to the manufacturer if the consumer wishes to take advantage of a warranty;
(ii) parts which the repairer buys from the consumer to rebuild.
§ 5-55 Meat and Poultry Advertising.
(a) A seller who advertises meat or poultry by using a private brand designation or any language which implies that the meat or poultry is of a particular grade or quality must disclose the U.S. Department of Agriculture grade for the food. If the meat or poultry sold by private brand designation has not been graded by the U.S. Department of Agriculture, that fact must be disclosed. Examples of grade or quality representations are "A-1," "Best Yet," "All Rite," "Oven Rite," "Top Grade," "U.S. Finest," "Top Quality," "Super Fine," and "Buyer's Choice."
(1) meat or poultry for which the U.S. Department of Agriculture does not provide a retail grading service;
(2) labels attached to meat or poultry packages.
§ 5-56 Window Gates.
(a) If a window gate, grille, bar or similar device has not been approved by the Board of Standards and Appeals of the City of New York for use on fire escape windows the seller must place a tag or label on it, stating that:
(1) it is illegal to use the device on a fire escape window;
(2) use of the device on a fire escape window is a serious safety hazard;
(3) use of the device on a fire escape window may subject the user to a fine by the Department of Buildings.
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§ 5-57 Utility Bill Payments.
(a) A person or business that accepts a consumer's utility bill payment without authorization from the utility must:
(1) stamp the consumer’s bill upon presentation with the current date; and
(2) give the consumer a signed receipt containing the date, the amount paid, the name and address of the individual accepting the payment and the name and address of the person or entity for whom the individual accepted the payment, if different; and
(3) send the payment by regular mail to the utility within 24 hours of its receipt.
§ 5-58 Food in Damaged Containers.
(a) Definitions.
Container. “Container” means an item which contains food or a food product, including cans, bottles, cartons, bags, boxes, wrappers and tubes.
Food or food product. “Food or food product” means food, drink, confectionery or condiment, used or intended for use by humans or animals, including all substances or ingredients to be added to food for any purpose.
(1) a can with a body seam dent, a top or bottom rim dent, or a sharp body dent;
(2) a can with any bulge other than small bulges due solely to small, smooth body dents;
(3) a can which has leaked or is rusted;
(4) a vacuum-sealed container of any sort on which the vacuum has been broken;
(5) a container whose outer surface is punctured in any manner, whether or not the puncture has been repaired (except where the food or food product is contained in an inner, sealed container or containers, and the innermost container has not in any way been punctured or the food contents been in any other way exposed to the air).
§ 5-59 Restaurant Surcharges.
(a) A seller serving food or beverages for consumption on the premises may not add surcharges to listed prices. For example, a restaurant may not state at the bottom of its menu that a 10 percent charge or a $1.00 charge will be added to all menu prices.
§ 5-60 Franchises.
(a) Definitions.
Franchise. “Franchise” means a right to use the franchisor’s trademark, tradename, brand name, or other mark of identity to suggest a substantial association with the franchisor.
Franchisee. “Franchisee” means a person receiving a franchise.
Franchisor. “Franchisor” means a person giving a franchise.
Subfranchisee. “Subfranchisee” means a person to whom a franchisee gives the right to use a franchise.
(1) A franchisee or subfranchisee must conspicuously disclose on a sign and on each sales slip, receipt and contract for more than $50:
(i) that the franchisor, franchisee or subfranchisee are separate business entities; and
(ii) the legal name and address of the party given* the franchise, and the legal name of the franchisee and subfranchisee, if any, disclosed in accordance with 6 RCNY § 5-01 “Legal Name.” These disclosures need not be made on credit card receipts if there is a sign conspicuously disclosing them at all cash registers or at the place where credit card transactions occur.
(2) A franchisor, franchisee or subfranchisee must conspicuously disclose:
(i) that advertised sales, discounts, or other special offers are available only at participating franchise outlets, if such is the case;
(ii) wherever a warranty or guarantee appears, that the terms of the guarantee or warranty apply only to certain franchise outlets, if such is the case;
(iii) that there has been a change in ownership of the franchise outlet, if such is the case, unless upon the change of ownership the name of the franchise was substantially altered. The disclosure required by 6 RCNY § 5-60(b)(2)(iii) need only be made during the first ninety days after the transfer of ownership.
§ 5-61 Public Performance Seats.
(a) Sellers of seats to performances at any place of public amusement or sport must conspicuously display a diagram of reserved seat locations by row and seat number, or must conspicuously display a sign stating that such a diagram is available upon request. The diagram must also show every area designated on any ticket.
(1) The seating level located immediately above the orchestra level may be designated “mezzanine.” However, if no crossover or structural division exists in such level, then no part of it may be designated as “front mezzanine” or “rear mezzanine”
(2) If a crossover or structural division exists in such level, then either:
(i) the area in front of the crossover or structural division shall be designated “front mezzanine” and the area behind the crossover or structural division shall be designated “rear mezzanine”
(ii) the entire level shall be designated “mezzanine.”
(3) The lettering of rows in each seating area designated as “mezzanine,” “front mezzanine” or “rear mezzanine” shall be alphabetically consecutive, beginning with row “A.”
(4) A Theatre shall cause the seating diagram referred to in subdivision (a) of this section to be conspicuously posted at all locations where tickets to a performance at such theatre are offered for sale, including but not limited to the Times Square Theatre Centre and The Lower Manhattan Theatre Centre.
(5) Before a sale of tickets over the telephone is completed, a Theatre shall cause the following information to be orally communicated to the consumer;
(i) the number of seating levels in the theatre; and
(ii) the seating level on which the ticket(s) offered are located.
§ 5-62 Home Heating Oil Credit. [Repealed]
*§ 5-63 Catering Contracts.* ::
Caterer. “Caterer” means any person or business engaged in serving food or beverages for private functions in New York City.
(1) If a consumer cancels a catering contract and the caterer can re-book the date, the caterer’s cancellation fee may not exceed 5 percent of the total contract price or $100, whichever is less, plus actual expenses reasonably incurred.
(2) If a consumer cancels a catering contract and the caterer cannot re-book the date, the caterer’s cancellation fee may not exceed the difference between the total contract price and the cost of performance, plus actual expenses reasonably incurred. The caterer must be able to show diligent efforts to re-book and must fairly calculate the cost of performance.
(3) It will be presumed that a caterer who receives notice of cancellation six months or more before the scheduled date of the function will be able to re-book.
(4) Cancellation occurs:
(i) when the consumer mails the caterer a notice of intent to cancel; or
(ii) when the caterer has actual notice of the consumer’s intent to cancel.
§ 5-64 Vocational Training.
(a) If a vocational school or a paid provider of vocational instruction advertises or states that people in particular jobs have certain incomes, or that people who are instructed will earn a stated salary or income "up to" a stated amount:
(1) either the salary or income must be equal to or less than the average salary or income of persons employed less than five years in the indicated position in the New York metropolitan area, and the representation must state the basis for calculation of the average salary or income; or the representation must state the basis for calculation of the salary stated and disclose the average salary or income of persons employed less than five years in the indicated position in New York metropolitan area; and
(2) the representation must state any conditions or other requirements such as union membership or service of an apprenticeship, which must be met to earn the stated salary or income; and
(3) the representation must state that no guarantee is made that a person will earn the stated salary or income, unless the seller makes such a guarantee.
(1) the job placement service must be available to all persons who pay a fee, regardless of whether they complete the course, unless the advertisement or representation states that it is available only to those who successfully complete the course and discloses any other conditions or limitations on the placement service; and
(2) the advertisement or representation must state whether job placement is guaranteed and, where no guarantee is given, the advertiser must make bona fide attempts to seek potential employers for its students.
§ 5-65 Out-of-Context Quotes.
(a) This section applies to all consumer goods and services which are reviewed or commented upon, such as movies, books, and theater performances.
Examples: “Beautiful scenery” or “John Jones performs outstandingly” comply with this section as these statements indicate clearly that they refer to limited aspects of the reviews. The word “beautiful” taken from a review which says “the scenery is beautiful” would not comply with this section.
§ 5-66 Tax Preparation.
(a) Definitions.
Certified public accountant and public accountant. “Certified Public Accountant” and “Public Accountant” mean any individual who fits within the definitions set forth in Article 149 of the Education Law.
Income tax return or tax return. “Income tax return” or “tax return” means a federal, state or city tax return of a natural person, including joint returns and all related schedules.
Tax preparer. “Tax Preparer” means any individual or business that prepares any income tax return, for a fee, to obtain or retain clients, or in connection with the sale of items or services. It does not include an individual employed to prepare tax returns by another individual or business entity if that individual makes clear that he or she is only an employee and that his or her employer will sign the taxpayer’s return.
(1) ask a taxpayer to sign a blank or incomplete tax return;
(2) misrepresent their qualifications;
(3) reveal any information appearing on a tax return or any information gathered for its preparation, including the fact of preparation and the content of solicitation lists, to any person or business other than:
(i) the taxpayer;
(ii) a person designated in writing by the taxpayer; or
(iii) anyone authorized to receive such information by court order or by law;
(4) make any deceptive statement designed to persuade taxpayers to use, or not to use, a tax preparer;
(5) induce or attempt to induce a taxpayer to violate any governmental law, rule or regulation;
(6) use the word “accountant” in any advertisement unless at least one Certified Public Accountant or Public Accountant is present at each tax preparing location during all business hours, or unless the tax preparer immediately follows the word “accountant” with a conspicuous and prominent disclaimer that the tax preparer is not licensed by the state as a Certified Public Accountant or Public Accountant. If a tax preparer uses the word “accountant” without the disclaimer, then a Certified Public Accountant or Public Accountant employed at the tax preparing location must exercise control over all tax returns prepared at that location;
(7) use the term “expert,” “master,” “consultant,” “specialist” or any similar terms in an advertisement unless the tax preparer’s relevant education or experience is also disclosed in the advertisement. There must be a reasonable basis for any claims of expertise;
(8) alter a tax return after it has been signed by the taxpayer, without the taxpayer’s written consent;
(9) charge a fee based upon the amount of tax owed or refund due.
(1) Tax preparers that advertise their tax preparation services in a manner designed to reach the general public must post; in English, prominently and conspicuously at the public entrance to the tax preparer’s business premises or in the immediate area where consumers arrive and are met for business by the tax preparer:
(i) a price list sign stating exactly how their fees are computed. The price list must contain:
(a) a list of services offered by the tax preparer;
(b) the minimum fee charged for each service, including but not limited to the fee charged for each type of Federal or New York State return;
(c) factors which may cause the fee to be higher than the minimum fee and, for each factor listed, the additional fee and/or the range of possible additional fees charged when the factor applies.
(ii) a disclosure sign or signs stating that:
(a) the taxpayer is entitled to receive a written estimate of all fees before receiving services for which the tax preparer is charging a fee;
(b) the taxpayer is entitled to receive a copy of every tax return prepared, at the time the original is given to the taxpayer for filing;
(c) that both the tax preparer and the taxpayer must sign every tax return;
(d) that the tax preparer is not licensed by the State Board for Public Accounting, or is not a member of the Bar of the State of New York, or both, if such is true;
(e) that the tax preparer or an agent will not represent the taxpayer at any audit, if such is true. (“Represent” means to appear before any government tax administering authority as attorney, Certified Public Accountant or enrolled agent. Failure to make this disclosure shall mean that the tax preparer, if lawfully authorized, agrees to represent the taxpayer or to provide representation.)
(2) The price list sign required by subparagraph (i) of paragraph (1) of this subdivision shall also be posted prominently and conspicuously at each point at which orders are placed and/or payment is made, including at each counter or desk, except where a tax preparer is doing business at a consumer’s home or business, in which case the tax preparer must give each consumer a hard copy of the price list prior to any discussion with the consumer. Compliance by a tax preparer with this requirement shall be deemed to satisfy the requirements of § 20-750(a) of the Administrative Code and 6 RCNY § 5-70(a).
(3) Tax preparers must:
(i) sign every tax return prepared;
(ii) give a copy of every tax return prepared to the taxpayer, at the time the original tax return is given to the taxpayer for filing;
(iii) provide the taxpayer with a statement of the charges for each tax return or schedule prepared;
(iv) return any of the taxpayer’s personal papers upon request, when the original tax return is given to the taxpayer for filing, unless specifically permitted to retain such papers under State law.
(1) guarantee a tax refund, or guarantee that the taxpayer will not be audited by any government tax agency;
(2) request a taxpayer to assign to the preparer any portion of the refund due;
(3) use their addresses on a tax return as the place to which a refund should be mailed, unless the taxpayer has signed a power of attorney containing such authorization. A fiduciary with authority to handle a taxpayer’s financial matters is not required to obtain this power of attorney;
(4) claim to give taxpayers an “instant tax refund” that is actually an interest-bearing loan unless that fact is disclosed to the taxpayer in accordance with Federal and State law.
(1) In addition to English, all disclosures required by this section must be made in any other language which the tax preparer uses to attract customers.
(2) For purposes of this section, failure to post each separately enumerated notice requirement constitutes a separate violation for which a penalty will be assessed.
Example: A bank trust department offers its services for a fee as trustee on personal trust accounts. The bank advertises that preparation of the beneficiaries’ personal income tax returns is available to the beneficiaries of any trust for which it is trustee. This section does not apply to this tax preparation service. If, however, the bank has an agreement with a tax preparation service, under which the service would supply tax preparation services to the public at various branches of the bank, the bank is subject to this section. If the bank provides the service by its own employees, it is subject to this section.
§ 5-67 Item Pricing in Food Stores.
Food stores included within the scope of New York Agriculture and Markets Law Section 214-i must comply with all the provisions of that law.
§ 5-68 Dealers at Flea Markets.
(a) Definition.
Dealer at a flea market. A “dealer at a flea market” means a person or business entity that sells or offers for sale or displays new or used merchandise at a flea market, craft show, antique show, fair, bazaar or any like exhibition that is open to the general public.
(1) the amount of money paid for each item;
(2) the total amount of money paid including a separate statement of tax;
(3) the date of the purchase;
(4) the legal name and address of the seller in accordance with 6 RCNY § 5-01 “Legal Name.”
§ 5-69 Blood Pressure Reading Services.
(a) In addition to the general vendors license required by § 20-453 of the Administrative Code of the City of New York for persons who sell services in a public space, any person who charges a fee or accepts donations and, while in a public space or within a retail mercantile establishment, ascertains, or attempts to ascertain, the blood pressure reading of another, must conspicuously display a sign containing the following language:
BLOOD PRESSURE READINGS VARY, DEPENDING UPON THE SKILL AND EXPERIENCE OF THE OPERATOR, THE CONDITIONS UNDER WHICH THE READING IS OBTAINED, ANY MEDICATION TAKEN BY THE INDIVIDUAL, AND OTHER FACTORS SUCH AS AGE, WEIGHT, AND PHYSICAL CONDITION.
I AM NOT A LICENSED OR CERTIFIED HEALTH PROFESSIONAL TRAINED TO TAKE BLOOD PRESSURE READINGS. IF YOU HAVE ANY QUESTIONS ABOUT YOUR BLOOD PRESSURE, SEE YOUR DOCTOR.
(1) Any person who holds a current license issued by any agency of the State of New York or by the City of New York, if instruction as to the operation of a sphygomanometer is part of the training required by such state or city agency as a condition of the issuance of such license;
(2) Any person who holds a current certificate issued by a corporation incorporated as a not-for-profit corporation and exempt from federal taxation pursuant to § 501(c)(3) of the Internal Revenue Code, if a condition for the granting of such certificate is instruction in the operation of a sphygomanometer;
(3) Any person who is either employed by an in-patient hospital facility, or employed by a person currently licensed to practice medicine in the state of New York, and who is acting within the course of his or her employment.
§ 5-70 Retail Service Establishments.
(a) A retail service establishment shall display a price list conspicuously in a place readily visible to customers at the point at which orders are placed and/or payment is made. The price list shall include the following information:
(1) a list of the types of services performed;
(2) the minimum price charged for each service;
(3) a description of the conditions or variations of service that alter the minimum price charged;
(4) the range of additional charges caused by such variations;
(5) if the price is directly derived from an hourly labor rate then the labor rate must appear in a ratio of dollars per hour.
§ 5-71 Food Store Cash Register; Item Cost Indicator.
(a) A Food store shall not have on its premises any cash register without an item cost indicator unless a seal, issued by the department indicating that such cash register was purchased prior to December 20, 1989, the effective date of Local Law 94 of 1989, which added §§ 20-691 through 20-693 of the Administrative Code, appears on the machine.
§ 5-72 Commercial Weight Loss Center Practices.
(a) A "weight loss provider" is defined as any person or business entity who or which is primarily engaged in the business of offering services to consumers to assist them in losing weight.
(1) WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1 1/2 pounds to 2 pounds per week or weight loss of more than 1% of body weight per week after the second week of participation in a weight loss program.)
(2) Consult your personal physician before starting any weight loss program.
(3) Only permanent lifestyle changes – such as making healthful food choices and increasing physical activity – promote long-term weight loss.
(4) Qualifications of this provider’s staff are available on request.
(5) You have a right to:
(i) ask questions about the potential health risks of this program, its nutritional content, and its psychological-support and educational components;
(ii) know the price of treatment, including the price of any extra products, services, supplements and laboratory tests; and
(iii) know the program duration that is being recommended for you.
§ 5-73 Sale of Box Cutters.
(a) Definitions.
Box cutter. “Box cutter” means any knife consisting of a razor blade, retractable, nonretractable, or detachable in segments, attached to or contained within a plastic or metal housing, including utility knives, snap-off knives, and box cart cutters.
(1) selling or offering to sell, or causing any person to sell or offer to sell, a box cutter to any individual under eighteen years of age; or
(2) placing box cutters which are being sold or offered for sale on open display so that such implements are accessible to the public without the assistance of the seller, or his or her employee or other agent; provided, however, that the restrictions of this paragraph shall not apply to those box cutters on open display (i) which are clearly and fully visible from a place of payment for goods or services or customer information at which such seller or an employee or other agent of the seller is usually present during hours when the public is invited, or (ii) which are in a package, box or other container provided by the manufacturer, importer or packager that is larger than 41 square inches.
§ 5-74 Illegal Sale to Minors.
It shall be an unconscionable trade practice for any person to sell or offer to sell any goods or services to minors which by law are prohibited from being sold to minors.
§ 5-75 Used Car Buyer’s Guide.
It shall be a deceptive trade practice for purposes of section 20-701 of the administrative code for any seller to sell or offer to sell any used automobile without posting a Buyer’s Guide as required under section 455.2 of title 16 of the code of federal regulations.
§ 5-76 Debt Collection.
Definitions. As used in this part:
Communication. The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
Consumer. The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.
Creditor. The term “creditor” means any person, firm, corporation or organization to whom a debt is owed or due or alleged to be owed or due or any assignee for value of said person, firm, corporation or organization.
Debt. The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
Debt collection procedures. The term “debt collection procedures” means any attempt by a debt collector to collect a debt after:
(1) with respect to accounts for which creditors are required to send periodic statements, the creditor has ceased sending those statements, or taken or threatened to take legal action against the consumer;
(2) with respect to 30-day accounts for which periodic statements are not required, the creditor has ceased sending bills for the debt or taken or threatened to take legal action against the consumer; and
(3) with respect to all other types of credit, the creditor has accelerated the unpaid balance of the debt or demanded the full balance due.
Debt collector. The term “debt collector” means an individual who, as part of his or her job, regularly collects or seeks to collect a debt owed or due or alleged to be owed or due. The term does not include:
(1) any officer or employee of the United States, any State or any political subdivision of any State to the extent that collecting or attempting to collect any debt owed is in the performance of his or her official duties;
(2) any person while engaged in performing an action required by law or regulation, or required by law or regulation in order to institute or pursue a legal remedy;
(3) any individual employed by a nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; or
(4) any individual employed by a utility regulated under the provisions of the Public Service Law, to the extent that New York Public Service Law or any regulation promulgated thereunder is inconsistent with this part. Where a provision of this part limits the number of times an action may be taken by the debt collector, or establishes as a prerequisite to taking an action that the debt collector has received or done something, or prohibits an action if the debt collector has knowledge of or reason to know something, the term “debt collector” includes any debt collector employed by the same employer.
Location information. The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.
Periodic statement. The term “periodic statement” means the statement of account certain creditors are required by 12 C.F.R. § 226.7(b) [Regulation Z] to send at the end of each billing cycle for which there is an outstanding disputed debit or credit balance in excess of $1 in the account or with respect to which a finance charge is imposed.
Reasonable period of time. The term “reasonable period of time” means in the absence of knowledge of circumstances to the contrary, ten business days.
30-day account. The term “30-day account” means an account on which the outstanding balance at the end of a billing period is to be paid in full within a stated period of time without imposition of any finance charge.
§ 5-77 Unconscionable and Deceptive Trade Practices.
It is an unconscionable and deceptive trade practice for a debt collector to attempt to collect a debt owed, due, or asserted to be owed or due except in accordance with the following rules:
(1) identify himself or herself, state that he or she is confirming or correcting location information about the consumer and identify his or her employer when that identification connotes debt collection only if expressly requested;
(2) not state or imply that such consumer owes any debt;
(3) not communicate more than once, unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; for the purposes of this paragraph (3), the debt collector need not count as a communication returned unopened mail or a message left with a party other than the person the debt collector is attempting to reach in order to acquire location information about the consumer, as long as the message is limited to a telephone number, the name of the debt collector and a request that the person sought telephone the debt collector;
(4) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; provided that a debt collector may use his or her business name or the name of a department within his or her organization as long as any name used does not connote debt collection; and
(5) if the debt collector knows the consumer is represented by an attorney with regard to the subject debt and if the debt collector has knowledge of the attorney’s name and address or can readily ascertain such attorney’s name and address, not communicate with any person other than that attorney for the purpose of acquiring location information about the consumer unless the attorney fails to provide the consumer’s location within a reasonable period of time after a request for the consumer’s location from the debt collector and:
(i) informs the debt collector that he or she is not authorized to accept process for the consumer; or
(ii) fails to respond to the debt collector’s inquiry about the attorney’s authority to accept process within a reasonable period of time after the inquiry. The employer of a debt collector may not be held liable in any action brought under 6 RCNY § 5-77(a)(3) or (5) if the employer shows by a preponderance of the evidence that the violation was not intentional and resulted despite the maintenance or procedures reasonably adapted to avoid any such violation.
(1) After institution of debt collection procedures, without the prior written consent of the consumer given directly to the debt collector after the institution of debt collection procedures, or without permission of a court of competent jurisdiction, communicate with the consumer in connection with the collection of any debt;
(i) at any unusual time or place known, or which should be known, to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock ante meridian and before 9 o’clock post meridian time at the consumer’s location;
(ii) if the debt collector knows the consumer is represented by an attorney with respect to such debt and if the debt collector has knowledge of the attorney’s name and address or can readily ascertain such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer, except any communication which is required by law or chosen from among alternatives of which one is required by law is not hereby prohibited;
(iii) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer or supervisor prohibits the consumer from receiving such a communication; or
(iv) with excessive frequency. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that more than twice during a seven-calendar-day period is excessively frequent. In making its calculation, the debt collector need not include any communication between a consumer and the debt collector which is in response to an oral or written communication from the consumer, or returned unopened mail, or a message left with a party other than one who is responsible for the debt as long as the message is limited to a telephone number, the name of the debt collector and a request that one who is responsible for the debt telephone the debt collector; or any communication which is required by law or chosen from among alternatives of which one is required by law. The employer of a debt collector may not be held liable in any action brought under 6 RCNY § 5-77(b)(1)(ii)-(iv) if the employer shows by a preponderance of the evidence that the violation was not intentional and resulted despite maintenance of procedures reasonably adapted to avoid any such violation.
(2) In order to collect a debt, and except as provided by 6 RCNY § 5-77(a), communicate with any person other than the consumer, his or her attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, a debt collector to whom or to whose employer the debt has been assigned for collection, a creditor who assigned the debt for collection, the attorney of that debt collector, or the attorney for that debt collector’s employer, without the prior written consent of the consumer given directly to the debt collector after the institution of debt collection procedures, or without the prior written consent of the consumer’s attorney or without the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy.
(3) Communicate with any person other than the consumer’s attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, a debt collector to whom or to whose employer the debt has been assigned for collection, a creditor who assigned the debt for collection, or the attorney of that debt collector or the attorney for that debt collector’s employer in a manner which would violate any provision of this part if such person were a consumer.
(4) After institution of debt collection procedures, communicate with a consumer with respect to a debt if the consumer has notified the debt collector in writing that the consumer wishes the debt collector to cease further communication with the consumer with respect to that debt, except that any communication which is required by law or chosen from among alternatives of which one is required by law is not hereby prohibited. The debt collector shall have a reasonable period of time following receipt by the debt collector of the notification to comply with a consumer’s request, except that any debt collector who knows or has reason to know of the consumer’s notification and who causes further communication shall have violated this provision. The debt collector may, however:
(i) communicate with the consumer once in writing:
(A) to advise the consumer that the debt collector’s further efforts are being terminated or;
(B) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or;
(C) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specific remedy if that is a remedy he is legally entitled to invoke and if he actually intends to invoke it; and
(ii) respond to each subsequent oral or written communication from the consumer.
(5) For the purpose of 6 RCNY § 5-77(b)(1)-(4), the term “consumer” includes the consumer’s parent (if the consumer is a minor), guardian, executor, administrator, spouse (unless the debt collector knows or has reason to know that the consumer is legally separated from or no longer living with his or her spouse), or an individual authorized by the consumer to make purchases against the account which is the subject of the collection efforts. A request that the debt collector cease further communication, provided for under 6 RCNY § 5-77(b)(4), if made by the consumer’s spouse or an individual authorized by the consumer to make purchases against the account, only affects the debt collector’s ability to communicate further with the person making the request.
(1) the use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person;
(2) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader;
(3) the advertisement for sale of any debt to coerce payment of the debt;
(4) causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;
(5) the publication of a list of consumers who allegedly refuse to pay debts, except to another employee of the debt collector’s employer or to a consumer reporting agency or to persons meeting the requirements of 15 U.S.C. § 1681a(f) or 15 U.S.C. § 1681b(3); or
(6) except as provided by 6 RCNY § 5-77(a), the placement of telephone calls without meaningful disclosure of the caller’s identity.
(1) the false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform or facsimile thereof;
(2) the false representation or implication that any individual is an attorney or any communication is from an attorney;
(3) the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to pursue such action;
(4) the threat to take any action that cannot legally be taken or that is not intended to be taken;
(5) the false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to:
(i) lose any claim or defense to payment of the debt; or
(ii) become subject to any practice prohibited by this part;
(6) the false representation of implication made in order to disgrace the consumer that the consumer committed any crime or other conduct;
(7) the false representation or implication that accounts have been turned over to innocent purchasers for value;
(8) the false representation or implication that documents are legal process;
(9) the false representation or implication that documents are not legal process forms or do not require action by the consumer;
(10) the false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by 15 U.S.C. § 1681a(f);
(11) the use of distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval;
(12) the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer;
(13) the use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization, unless the general public knows the debt collector’s business, company or organization by another name and to use the true name would be confusing;
(14) after institution of debt collection procedures, the false representation of the character, amount or legal status of any debt, or any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt, except that the employer of a debt collector may not be held liable in any action brought under this provision if the employer shows by a preponderance of the evidence that the violation was not intentional and occurred despite the maintenance of procedures reasonably adapted to avoid any such violation;
(15) except as otherwise provided under 6 RCNY § 5-77(a) and except for any communication which is required by law or chosen from among alternatives of which one is required by law, the failure to disclose clearly in all communications made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose;
(16) the use of any name that is not the debt collector’s actual name; provided that a debt collector may use a name other than his actual name if he or she uses only that name in communications with respect to a debt and if the debt collector’s employer has the name on file so that the true identity of the debt collector can be ascertained; or
(17) any conduct proscribed by New York General Business Law §§ 601(1), (3), (5), (7), (8), or (9).
(1) the collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law;
(2) the solicitation or use by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;
(3) causing charges to be made to any person for communications by misrepresentation of the true purpose of the communication. Such charges include collect telephone calls and telegram fees;
(4) taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if:
(i) there is no present right to possession of the property claimed as collateral;
(ii) there is no present intention to take possession of the property; or
(iii) the property is exempt by law from such dispossession or disablement;
(5) after institution of debt collection procedures, when communicating with a consumer by use of the mails or telegram, using any language or symbol other than the debt collector’s address on any envelope, or using any language or symbol that indicates the debt collector is in the debt collection business or that the communication relates to the collection of a debt on a postcard, except that a debt collector may use his or her business name or the name of a department within his or her organization as long as any name used does not connote debt collection;
(6) after institution of debt collection procedures, communicating with a consumer regarding a debt without identifying himself or herself and his or her employer or communicating in writing with a consumer regarding a debt without identifying himself or herself by name and address and in accordance with 6 RCNY § 5-77(e)(5); or
(7) after institution of debt collection procedures, if a consumer owes multiple debts of which any one or portion of one is disputed, and the consumer makes a single payment with respect to such debts:
(i) applying a payment to a disputed portion of any debt; or
(ii) unless otherwise provided by law or contract, failing to apply such payments in accordance with the consumer’s instructions accompanying payment. If payment is made by mail, the consumer’s instructions must be written. Any communication by a creditor made pursuant to 6 RCNY § 5-77(e)(7)(ii) shall not be deemed communication for the purpose of 6 RCNY § 5-77(b)(1)(iv). The employer of a debt collector may not be held liable in any action brought under 6 RCNY § 5-77(e)(7) if the employer shows by a preponderance of the evidence that the violation was not intentional and resulted despite maintenance of procedures reasonably adapted to avoid any such violation; or
(8) engaging in any conduct prohibited by New York General Business Law §§ 601(2) or (4).
(1) Upon acceleration of the unpaid balance of the debt or demand for the full balance due, the following validation procedures shall be followed by debt collectors who are creditors or who are employed by creditors as defined by 15 U.S.C. § 1602(f) [Truth in Lending Act]; but who are not required to comply with 15 U.S.C. § 1637(a)(8) [;Fair Credit Billing Act];, and who do not provide consumers with an opportunity to dispute the debt which is substantially the same as that outlined in 15 U.S.C. § 1637(a)(8) and regulations promulgated thereunder: Within five days of any further attempt by the creditor itself to collect the debt, it shall send the customer a written notice containing:
(i) the amount of the debt;
(ii) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed valid by the debt collector;
(iii) a statement that, if the consumer notifies the debt collector in writing within the thirty-day period at the address designated by the debt collector in the notice, that the debt, or any portion thereof is disputed, the debt collector shall either:
(A) make appropriate corrections in the account and transmit to the consumer notification of such corrections and an explanation of any change and, if the consumer so requests, copies of documentary evidence of the consumer’s indebtedness; or
(B) send a written explanation or clarification to the consumer, after having conducted an investigation, setting forth to the extent applicable the reason why the creditor believes the account of the consumer was correctly shown in the written notice required by 6 RCNY § 5-77(f)(1) and, upon the consumer’s request, provide copies of documentary evidence of the consumer’s indebtedness. In the case of a billing error where the consumer alleges that the creditor’s billing statement reflects goods not delivered in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless it determines that such goods were actually delivered, mailed, or otherwise sent to the consumer and provides the consumer with a statement of such determination.
(iv) if the debt collector is not the original creditor, a statement that, upon the consumer’s written request within the thirty-day period, sent to the address designated by the debt collector in the notice, the debt collector will provide the consumer with the name and address of the original creditor;
(v) an address to which the consumer should send any writing which disputes the validity of the debt or any portion thereof or any writing requesting the name and address of the original creditor.
(2) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector who is not a creditor and not employed by a creditor shall, unless the following information is contained in an initial written communication, or the consumer has paid the debt, send the consumer a written notice containing:
(i) the amount of the debt;
(ii) the name of the creditor to whom the debt is owed;
(iii) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(iv) a statement that if the consumer notifies the debt collector in writing within the thirty-day period at the address designated by the debt collector in the notice that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector;
(v) a statement that, upon the consumer’s written request within the thirty-day period sent to the address designated by the debt collector in the notice, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor; and
(vi) an address to which the consumer should send any writing which disputes the validity of the debt or any portion thereof or any writing requesting the name and address of the original creditor.
(3) If, pursuant to 6 RCNY §§ 5-77(f)(1) or 5-77(f)(2) of this Regulation the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall not attempt to collect the amount in dispute until the debt collector obtains and mails to the consumer verification of the debt or a copy of the judgment or the name and address of the original creditor. The debt collector shall maintain for one year from the date the notice was mailed, records containing documentation of the date such notice was mailed, the date the response, if any, was received and any action taken following such response.
(4) The failure of a consumer to dispute the validity of a debt under 6 RCNY § 5-77(f) shall not be construed by any court as an admission of liability by the consumer.
§ 5-78 Deceptive Forms.
It is a deceptive and unconscionable trade practice for any person to design, compile and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
§ 5-79 Severability.
If any provision of this part or the application of such provision to any person or circumstances shall be held unconstitutional or invalid, the constitutionality of the remainder of the part and the applicability of such provision to other persons or circumstances shall not be affected thereby.
§ 5-80 Citation Form.
This part may be cited as Consumer Protection Law Regulations Part 6.
§ 5-86 Definitions.
Advertiser. Where the “advertiser” is a chain store, the requirements of this part shall apply to each branch as if it were a separate store.
Advertiser’s bona fide selling price. “Advertiser’s bona fide selling price” shall mean the immediately preceding price at which the same item or service was actually offered for sale to the public by the advertiser for a reasonably substantial period of time in the recent regular course of the advertiser’s business, unless an earlier time period is clearly specified, and not a price charged for the purpose of establishing a fictitious higher price on which a deceptive comparison might be based.
(i) the item was offered for a reasonably substantial period of time and a substantial quantity of sales were made at that price, or
(ii) if a substantial number of sales was not made at such price, that the item was openly offered for sale to the public for a reasonably substantial period of time and that such offering price was reasonable based upon the manner in which such items were displayed or offered for sale, and such other factors as the mark-up reflected in such price and the price of comparable items.
Genuine. “Genuine,” when used in this part with such phrases as “open stock price,” “list price,” “suggested retail price,” and “catalog price” shall mean that the price is one at which substantial quantities of the identical merchandise have actually been sold to the public within the recent regular course of business, by the advertiser or principal retail outlets within the New York City trading area, or, if identical merchandise is not available in the New York City trading area, in principal retail outlets in other similar trading areas provided that the fact is disclosed. During the first two weeks after a new model or item has been introduced, a “list price,” “suggested retail price” or “catalog price” may be considered “genuine” only if:
In-store. “In-store” representation shall mean any written statement, visual description, advertisement, or other written representation of any kind, or any oral statement by a demonstrator which is made inside the interior premises of the merchant.
Models and types. “Models” and “types” refer to models and types exclusive of differentiations attributable only to sizes or colors except where sizes or colors are material, e.g. mattresses, paint.
Out-of-store. “Out-of-store” representations shall mean any oral or written statement, visual description, advertisement or other representation of any kind made outside the interior premises of the advertiser, including representations made in newspapers, magazines, handbills, billboards, direct mailings, on radio and television and in store windows, storefronts, and other similar places where the representations can be perceived by the public not yet inside the premises of the merchant.
Retail market price. “Retail market price” shall mean:
§ 5-87 Prohibited Conduct.
It is a deceptive practice in the sale or offering for sale of consumer goods or services for a person (including any business entity) having a store, place of business for sales or mailing address for sales in the City of New York, or otherwise selling in the City of New York to advertise or represent in connection with sales made in the City of New York or offerings for sales to be made in the City of New York that such goods or services are being or will be offered or sold to New York City consumers at a reduction, discount, or savings in a manner in violation of this part.
§ 5-88 Identification of Merchandise and Services (Out-of-Store Representations).
An out-of-store representation or advertisement containing words or numbers indicating a savings, reduction, discount or sale price, must include limiting language which permits the consumer to identify the merchandise or services being offered at savings, reductions, discounts or sale price. Identification simply by former price is not sufficient unless the items so identified constitute a percentage of the advertised brands, styles, types, models, classes, or categories of merchandise or services sufficiently large to meet reasonable consumer expectations created by the advertisement.
Examples:
(1) “Brand X aluminum tennis rackets.” Acceptable.
(2) “Steel belted radial tires.” Acceptable if all steel belted radial tires are now on sale.
(3) “Famous manufacturer’s single lens reflex cameras.” Acceptable if all of the particular manufacturer’s single lens reflex cameras are on sale.
(4) “Men’s cashmere sweaters, formerly $40, now $30.” This is acceptable if all men’s cashmere sweaters that were formerly $40 are now on sale, and these sweaters constitute a percentage of the store’s total supply of cashmere sweaters sufficiently large to meet reason able consumer expectations created by the advertisement.
(i) less than all of the brands, styles, types, models, classes or categories of merchandise or services identified;
(ii) a storewide sale in a broad cross-section of departments; or
(iii) one or more established departments, but less than all of the merchandise or services in such departments, the terms “selected,” “many,” “representative,” “assorted,” or terms of similar import, may be used as limiting language to comply with identification requirement of this section, provided that a meaningful percentage of such merchandise or services is so offered. “Meaningful percentage” shall mean an amount of merchandise that will meet reasonable consumer expectations created by the advertisement. For 5 RCNY § 5-88(b)(1)(i), it shall be prima facie evidence of a violation of the meaningful percentage requirement if at least 15 percent of such brands, styles, types, models, classes or categories identified are not on sale, provided however, that the advertiser shall be permitted to show that under the particular circumstances involved the amount on sale was not deceptive.
(2) In the absence of words of limitation, an advertisement shall be construed to apply to every piece of merchandise or every service within that category, type, make, model, etc.
Examples:
(i) “Numerous pottery vases” complies if at least 15 percent of the pottery vases are on sale, unless the advertiser can demonstrate that under the particular circumstances involved the amount on sale, in light of the advertisement itself, is not deceptive.
(ii) “Assistant Managers’ birthday sale – storewide savings on selected merchandise” complies if the amount of merchandise on sale meets reasonable consumer expectations created by the advertisement.
(iii) “Representative low-cut tennis sneakers” complies provided 15 per cent of the types of brands, makes or etc., are on sale, unless the advertiser can demonstrate that under the particular circumstances involved the amount on sale in light of the advertisement itself was not deceptive.
(iv) “Special grouping of Misses’ slacks, regularly $20 now $15” complies if at least 15 percent of all Misses’ slacks regularly $20 are now $15 unless the advertiser can demonstrate that under the particular circumstances involved the amount on sale, in light of the advertisement itself, was not deceptive.
(v) “Reduction on many items in the Sporting Goods and Luggage Department” complies if the amount of merchandise on sale in each department meets reasonable consumer expectations created by the advertisement.
Example: “Semi-annual White Sale – These and many other savings” complies if the complete supply of all pictured items is on sale and a meaningful percentage of the ether sale items is offered at a savings.
§ 5-89 “Wholesale Price,” “Manufacturer’s Price,” “Factory Price,” and Similar Terms.
If an advertiser states or implies that goods are offered at or below “list,” “wholesale,” “wholesale price,” “original wholesale,” or other similar terms, these terms must pertain to the price currently and generally paid for such goods by retailers in the New York City trading area. If the advertiser states or implies that goods are offered at or below “manufacturer’s wholesale,” “manufacturer’s price,” “factory price,” or other similar terms indicating purchase directly from a manufacturer, these terms must pertain to the price currently and generally paid for such goods by retailers in the New York City trading area who purchase the category of merchandise directly from the manufacturer. It is presumptive evidence of compliance with this section if the advertiser can show that the goods are offered below the price paid by the advertiser.
§ 5-90 “Less Than Cost,” “At a Loss,” and Similar Terms.
If the advertiser uses the words:
“less than cost” “at a loss” “below retailer’s cost”
or other similar terms implying that the purchaser is paying a lower price than the advertiser, the price to the consumer must actually be less than the price paid by the advertiser.
§ 5-91 Reductions Based on Advertiser’s Own Price; “Formerly,” “Regularly,” “Reduced,” “Percent Off,” “Save,” and Similar Terms.
(a) Immediately preceding price. If an advertiser uses the words:
“percent off” “formerly …, now …” “reduced” “reduced to” “regularly…, now …” “now only” “save $ …” “was …, now …, “item now $ …”
or any similar term implying a reduction from a prior price charged by the advertiser, the price to which the reduced offering price is being compared must be the advertiser’s bona fide selling price for that item or service unless the advertiser clearly discloses another basis of comparison or qualification.
Example: “Originally $75; then $68; now $65” “Earlier this year $75; now $65” “Further reduced to $50.”
Example: “Last year $40, now $20.”
§ 5-92 Comparisons Based on Price of Identical Merchandise or Services Sold Elsewhere: “Value,” “Nationally Advertised at,” “Usually,” “List,” and Similar Terms.
(a) "Value," "nationally advertised at," "sold nationally at," "made to sell for," "woven to sell for," "usually." If the terms:
“value” “nationally advertised at” “sold nationally at” “made to sell for” “woven to sell for” “elsewhere”
or other similar terms implying a generally accepted value or price are used with regard to any item or service, then the price to which the reduced offering price is being compared must be the retail market price of the item or service. Furthermore, the terms “value,” “nationally advertised at,” or “sold nationally at” or any similar terms implying a generally accepted value or price in a national market may be used only
(1) in relation to articles or services whose prices have been nationally advertised to the consuming public and
(2) i) in relation to prices which are retail market prices, or,
(ii) if the advertised item or service is not available elsewhere in the New York City trading area, the prices for which the article or service is currently selling in principal retail outlets in a substantial number of other representative communities in the United States.
(1) the advertiser’s own bona fide price for the item or service, or
(2) the retail market price.
§ 5-93 Claims Based on Price of Comparable Merchandise or Services:”Comparable Value” and Similar Terms.
If the term:
“comparable value” “compare with” “equal to”
or other similar term implying comparison with non-identical merchandise is used
§ 5-94 Range Discounts: “% to % Off,” “Up to % Off Selected” and Similar Terms.
(a) If an advertiser uses terms such as:
“Savings of ____ % to ____ %” “____ % to ____ % off”
or other similar terms to indicate a price range, then:
(1) the minimum percentage reduction must be stated as conspicuously as the maximum percentage reduction; and
(2) the price from which the discount or reduction is taken must be either a genuine list, suggested or catalog price, the retail market price or the advertiser’s bona fide selling price, for the same articles or services, unless another basis is clearly stated; and
(3) “out-of-store” advertisements must disclose which of the above standards was or were used (if a single advertisement relates to merchandise or services offered at reductions according to different standards, it must disclose which standards apply to which types of merchandise or services);
Example: “____ % to ____ % off the manufacturer’s price” “____ % to ____ % off last year’s price.”
(4) at least 15 percent of all types, models, or categories of items or services on sale in the advertised category must in fact be reduced by the maximum percentage reduction and a representative number of other models or types or services must be offered at various points in the range significantly separated and representatively scattered.
Example: “PORTABLE RADIOS AND TELEVISIONS 10%-50% off our former prices”
Complies if at least 15 percent of all models of portable radios and televisions available are selling at 50 percent off, and a representative number of the remaining models are offered at various points between 10 and 50 percent representatively scattered throughout that range.
“discounts from ….. %” “up to …… % off” “as high as” “save up to ….. %”
or other similar terms are used to advertise a range of reductions with no specified minimum reduction,
(1) the prices used for comparison must be the advertiser’s bona fide selling price, the retail market price, or a genuine list, suggested price for the same articles or services, unless another basis or a qualification is clearly stated;
(2) “out-of-store” advertisements must disclose which of the above standards was or were used;
(3) at least 15 percent of all the types, models, or services on sale in the advertised categories must be offered for sale at the stated maximum percentage reduction; and
(4) a representative number of the remaining models or types or services must be offered at various points representatively scattered throughout the range from the stated maximum percentage reduction to the bottom of the range, or the majority of such other models or types or services must be offered at points in the higher portion of the range.
Example: “BRAND Y CASSETTE TAPE RECORDERS” “Up to 30 percent off”
Complies if at least 15 percent of all models of Brand Y Cassette tape recorders available are selling at 30 percent off and the remaining models are offered at various points representatively scattered throughout the range below 30 percent or the majority of the remaining models are offered at points in the higher portion of the range. If the range is 0-30 percent, the majority of the remaining models would have to be offered above 15 percent; if the range is 10-30 percent, the majority would have to be offered above 20 percent.
§ 5-95 “Advance Sale” or “Introductory Offer.”
(a) If an advertiser uses the words "advance sale" or "introductory offer" or statements such as "if there are any left they will be marked $ .....," or any other words or statements implying that the goods or services are offered for sale at a reduced price in relation to a future mark-up, he must also
(1) have, in fact, in the case of goods, either a reasonable quantity of merchandise in stock, or an order to be marked up; or demonstrate his intention to order such merchandise for future mark-up; and
(2) mark up the goods or services within a reasonable period of time and maintain the mark-up for a reasonable period of time not less than 30 days, unless he can show that competitive circumstances occurring subsequent to the advertisement required him to maintain or lower the price in order to maintain a competitive position.
§ 5-96 Combination Offers.
(a) If the advertiser uses "combination offers," in which he offers his product in combination with one or more additional articles or services at a stated price, and claims that the combined articles or services have a "value" greater than the total advertised selling price of the individual items, the total "value" claimed must not be greater than the total of the retail market prices of the articles and services as sold separately.
§ 5-97 “Discount,” “Outlet,” “Bargain” and “Warehouse” Operations.
If a retailer includes in the name of his store, or in any other “out-of-store” manner represents the regular retail operation of his entire store by use of the words “discount,” “outlet,” “bargain,” “warehouse,” or any other term implying that all goods and services are regularly sold at less than genuine list, catalog, suggested or retail market prices, then 75 percent of the retailer’s dollar volume in the last selling season exclusive of fair-traded items must have been from items which were in fact sold for at least 5 percent less than genuine list, catalog, suggested or retail market price.
§ 5-98 Discount Departments.
A retailer may not use the words “discount,” “bargain,” “warehouse,” “bargain basement,” or other similar terms in characterizing a particular department or section within his regular retail operation unless
Example: A shoe department in a retail store sells brands X, Y, and Z shoes. Brand X is sold at less than retail market price, and brands Y and Z are sold at retail market price. In the last previous selling season, 35 percent of all shoe sales came from the sale of brand X shoes. The store is in compliance with this article. But if less than 35 percent of all sales came from sales of brand X shoes, brands Y and Z must be conspicuously designated as nondiscount items in order for the department to be called “discount shoe department.”
§ 5-99 Meaningful Reductions.
All discounts, sales, reductions or savings must be meaningful, and not merely nominal or insignificant. All articles and services so advertised must be offered at a reduction or savings of at least 5 percent from the price to which the advertiser’s is being compared, unless [in the case of items retailing for over $100] the advertisement clearly sets forth the actual percentage of reduction or the dollar amount of the reduction.
§ 5-100 Sufficient Quantities.
The retailer either must have in stock or on order, or be prepared to supply within a reasonable time sufficient quantities of each advertised item or service to fulfill reasonably anticipated public demand, or clearly conspicuously disclose in the advertisement any items or services of genuinely limited availability. A retailer is not “prepared to supply” merchandise unless he has communicated with suppliers and ascertained, prior to advertising, that the merchandise is available to him.
§ 5-101 Inherently Misleading Terms.
The following inherently misleading terms are prohibited in retail advertising: “our list price” below “manufacturer’s wholesale cost” “manufacturer’s cost”
§ 5-102 Adequacy of Disclosure.
All disclosures and words of limitation or qualification required by this part shall be written or printed in letters at least one third as high and one third as broad as the largest words or numbers appearing in the advertisement which relate to or describe the reduction, discount or savings, but in no event in less than ten point type. In radio announcements, the disclosure or words of limitation or qualification shall be clearly spoken, and in television announcements they shall be part of the radio track and not merely part of the picture.
§ 5-103 Records Required.
(a) Each person who advertises or represents the existence of a discount, reduction or savings shall for three months maintain records demonstrating compliance with this part at his principal place of business within the City of New York or at a location where such records are normally maintained by such person.
Example: An advertiser who advertises “20 percent off Brand X cameras” must maintain records demonstrating that the reduction is from the bona fide selling price. If the cameras were last sold at such lower price eleven months ago, the advertiser must retain the records indicating the earlier price. These records must be kept for a period of three months after the sale is over.
§ 5-104 Regulations 6 RCNY §§ 5-06 and 5-12 Not Affected.
Nothing in this part repeals or modifies 6 RCNY §§ 5-06 and 5-12 or any portion thereof. In the event of any inconsistency, the advertiser should comply with the requirements of 6 RCNY §§ 5-06 or 5-12, as the case may be.
§ 5-105 Exemptions.
(a) Except as provided in 6 RCNY § 5-92, this part does not apply to advertisements printed or packaging material prepared by a manufacturer outside of the City of New York unless such advertisements were requested or ordered by the advertiser located within the City of New York.
§ 5-106 Citation Form.
This regulation may be cited as Consumer Protection Law Regulations, Part 7.
Subchapter B: Truth-in-pricing Law
§ 5-111 Definitions.
As used in the following 6 RCNY §§ 5-111 - 5-114:
Retail entity. “Retail entity” shall mean any person, partnership, corporation or other organization engaged in the sale, display or offering for sale of consumer commodities at retail from one or more retail establishments. For the purposes of these regulations, retail establishments owned or controlled by different persons, partnerships, corporations or other organizations, but associated together for the purpose of sharing a trade name or advertising expenses or for joint or cooperative purchase of merchandise or services, shall not constitute a single retail entity.
Retail establishment. “Retail establishment” shall mean a single geographical location in which consumer commodities are sold, displayed or offered for sale at retail.
Self service. “Self service” shall mean the offering or display of consumer commodities for retail sale in such a manner that the consumer may examine and select commodities for purchase without the assistance of sales personnel.
§ 5-112 Exemptions.
(a) § 20-709 of the Administrative Code, "Display of Price per Measure," shall apply only to consumer commodities sold, displayed or offered for sale by self service.
§ 5-113 Calculation and Display of Price Per Measure.
(a) Price or measure shall be expressed in terms of dollars or cents, as applicable, carried to three digits. If the price is $1.00 or over, it is to be stated to the nearest full cent, provided that said price is rounded off from one-half cent or over to the next higher cent; and, if less than one-half cent, reduced to the next lower cent.
Example: “$1.35 per pound.” If the price is less than $1.00, it should be stated to the nearest tenth of a cent.
Example: “24.8¢ per pound.”
(1) price per pound for commodities whose net quantity is stated in units of pounds or ounces or both;
(2) price per 100 units for commodities whose net quantity is stated by numerical count;
(3) price per pint or quart for commodities whose net quantity is stated in fluid ounces, pints, quarts or gallons or a combination thereof; provided that the same unit of measure is used for the same commodity in all sizes sold in the retail establishment;
(4) price per 50 feet or per 50 square feet, as appropriate, for commodities whose net quantity is stated in units of inches, feet, yards, square inches, square feet or square yards, or whose net quantities are stated in units of length or area and the “ply” count, if any.
(1) state the total selling price;
(2) state the price per measure;
(3) identify sufficiently the consumer commodity to which the price information relates, if not affixed to the consumer commodity;
(4) indicate the total selling price on the right side of a horizontal label or on the upper part of a vertical label;
(5) indicate the price per measure on the left side of a horizontal label or on the lower part of a vertical label;
(6) contain the words “Unit Price” above or below the price per measure;
(7) indicate the price per measure and unit of measure on an orange background, except that packages which are pre-priced by the manufacturer shall not be required to use an orange background on a label affixed to the consumer commodity;
(8) indicate price per measure in type no smaller than that used for the total selling price, but in no event smaller than pica type;
(9) be submitted to the commissioner for approval prior to its use in any retail establishment.
§ 5-114 Consumer Commodities Regulated.
The following commodities shall be labelled in accordance with the provisions of § 20-709 of the Administrative Code, “Display of Price per Measure,” and of the regulations governing Truth-in-Pricing.
§ 5-115 Guidelines on Multiple Pricing.
(a) Definitions. Whenever used in these guidelines, the following terms shall be deemed to mean and include:
Commissioner. The Commissioner of the Department of Consumer Affairs of the City of New York.
Consumer Protection Law. New York City Local Law 83 of 1969, as the same has, or may hereafter be, amended.
Department. The Department of Consumer Affairs of the City of New York.
Identical items of merchandise. “Identical items of merchandise” shall ” mean a single unit of merchandise available for purchase that is of the same brand and is the same as another unit of merchandise in every other way. For the purpose of these guidelines, items of merchandise that have different prices but have no other differences shall be deemed identical.
Item of merchandise. “Item of merchandise” shall mean a single unit of merchandise available for purchase.
Multiple pricing. “Multiple pricing” shall mean the practice of having identical items of merchandise, as above defined, available for sale at a particular time for more than one price. For purposes of these guidelines, a difference in price achieved by the use of discount coupons, quantity purchases or the like shall not be deemed an instance of multiple pricing.
Retail food store. “Retail food store” shall mean a store which has as its principal line of business the sale at retail of a broad range of food items.
Truth-In-Pricing Law. “Truth-In-Pricing Law” shall mean New York City Local Law 14 of 1971, as the same has, or may hereafter be, amended.
(1) Applicability. The practice is maintained by a retail food store.
(2) Information program. The terms of the Multiple Pricing program are communicated to the retail food store’s employees who are to implement the program and those terms are also clearly explained to its customers m New York City. The means by which the program is explained to customers shall include the conspicuous posting of the terms of the retail food store’s Multiple Pricing program which terms shall include a list of any items excluded from the operation of the Multiple Pricing program and, where applicable, any method of identifying the location of multiple priced merchandise. Each sign shall cover an area of not less than 18 inches by 18 inches and shall be printed in legible type in a manner that shall make it easily readable. There shall be at least one sign for each two thousand (2,000) square feet of selling area. One such sign shall be placed near each door through which consumers enter, in such a place and positioned in such a way as to be readily seen by a consumer upon entering. No retail food store shall be required to have more signs than the greater of:
(i) the number of consumer entrances to such store, or
(ii) five signs. In addition, a smaller sign shall be placed at each cash register clearly visible to the consumer advising the consumer of the store’s program of Multiple Pricing. At least two (2) weeks prior to termination of Multiple Pricing, a retail store shall so notify its customers in New York City. Such notification shall include the conspicuous posting of signs indicating such intended termination in compliance with the second paragraph of this 6 RCNY § 5-115(b).
(3) Retail food store internal operations.
(i) Identical items of merchandise are not offered for sale at more than two prices, except that where a store has a policy of not remarking items marked for sale after the termination of the sale, identical items of merchandise may be offered for sale at three prices until the items that were marked for the sale are sold.
(ii) Any item of merchandise sold in a retail food store that bears more than one price, shall be sold at the lowest price shown. Having more than one price visible on any item of merchandise is a violation of the regulations of the Department and selling such merchandise at the lowest price appearing on such merchandise shall not cure any such violation.
(iii) Where an item of merchandise is offered for sale at a price based on a multiple purchase, as for example “2 cans for 35 cents,” and an identical item of merchandise is offered for sale at a different price that is higher per item than the group price, or at a higher group price, a consumer who purchases the items of merchandise in the quantity necessary for the group price, shall be entitled to purchase said quantity at the lowest group price. By way of illustration, item X was originally priced at 2 cans for 40 cents, however the new cans of X placed on the shelf are priced at 21 cents each. A consumer purchasing 2 cans of X, one bearing the old markings and one the new would pay a total of 40 cents for the two cans.
(iv) In any retail food store where Multiple Pricing is in effect all items sold shall be subject to it and the only products not multiply priced may be
(A) items which prior to the initiation of the program were not individually marked with a price and price was disclosed by such means as a price sign at the point of sale,
(B) items where the retailer cannot vary the price by the requirement of any law or regulation of any governmental authority or the requirements of any fair trade agreement, and
(C) items for which the retailer has received the Department’s prior approval to remove them from Multiple Pricing.
(v) Multiple priced merchandise shall be placed in such a way that
(A) lower priced items are grouped together and
(B) lower priced items are placed nearest to the consumer. On a surface which is parallel to the store floor, such as shelf merchandise, such lower priced items will be placed towards the front edge of the shelf with higher priced items behind. Where items are stacked vertically, as in freezer cabinets, the lower priced items will be stacked on top of the higher priced items and grouped at the front of the vertical space allocated to such items. If any type of physical separation of multiple priced merchandise is instituted this must be applied uniformly throughout the store and must be disclosed on the store signs referred to in 6 RCNY § 5-115(b)(2) and also at each point of sale of the item. As an example, if items at a lower price are placed on a different shelf such sign shall be placed where the higher priced item is and where the lower priced item is.
(vi) In all places where multiple priced items are offered for sale some clear identifying symbol shall be conspicuously displayed at the point of sale to indicate the availability of merchandise at a lower price. This requirement shall apply whether or not the retail food store is subject to the requirements of the Truth-In-Pricing Law. The symbol and the fact that the symbol designates the presence of lower priced merchandise shall be disclosed in the signs referred to in 6 RCNY § 5-115(b)(2).
(4) Advertising.
(i) The fact that any item may be available at a lower price shall not be advertised where such lower price is due to Multiple Pricing. Advertising material may contain a general statement concerning any Multiple Pricing policy in effect in any store or group of stores.
(ii) When a sale is advertised the sale price shall be lower than the lowest price at which items of the merchandise are then available for sale in any quantity.
(iii) Where, in advertising material, a potential savings to the consumer is described in such terms as “save 3 cents off regular price by purchasing X at 75 cents a can” the saving shown must be based on the lower price of the merchandise.
(iv) All advertising material relating to Multiple Pricing shall contain a list of any items excluded from the operation of multiple pricing.
(v) When retail food stores are subject to a common ownership, as in a chain, or though not commonly owned, participate in an advertising program under some common name covering more than one store, if one or more stores in the group is not utilizing Multiple Pricing, each store not using Multiple Pricing shall be specifically identified. Such statements as “… not available in certain stores” will not be permissible.
(vi) If merchandise is available at a price lower than the advertised price, it shall be sold at the price shown on the item of merchandise. Having merchandise available for sale at a price lower than the sale price is a violation of 6 RCNY § 5-115(b)(4)(ii) hereof and selling such merchandise at such lower price shall not cure any such violation.
(1) unit pricing data at each price at which an item is being sold, or
(2) unit pricing information at the highest price that an item of merchandise is being sold and some method of clearly identifying at each place, where any merchandise is being sold at multiple prices that some of the same merchandise is available at a lower price. That method of disclosure shall be set out and explained in the signs referred to in 6 RCNY § 5-115(b)(2).
(1) The Commissioner has the power to require such information as he or she may reasonably require to determine the ad];ministration and effect of any program of Multiple Pricing and such materials shall be supplied promptly and at no cost and expense to the Department of Consumer Affairs.
(2) The Commissioner has the power to require additional steps to be taken by a retail food store to comply with the intent of these guidelines as she, in her discretion, may deem appropriate including the further publicizing of Multiple Pricing.
(3) If these guidelines or directions of the Commissioner issued pursuant to these guidelines are not complied with after passage of sufficient time to allow for compliance, such failure shall be deemed a violation of the Consumer Protection Law or the Truth-In-Pricing Law, or both, as the case may be, and the Commissioner shall thereupon take such steps as shall be necessary to assure compliance or she may deny the retail food store the opportunity of operating a Multiple Pricing program. Each violation of a provision of these guidelines shall be treated as a separate violation under the appropriate law.
Subchapter C: Posting of Prescription Drug Prices
§ 5-121 Posting of Prescription Drug Prices.
(a) Sign to be displayed. In accordance with the provisions of § 20-713 of the Administrative Code of the City of New York, every pharmacy is required to display the most recent prescription price list prepared and provided by the State Board of Pharmacy, New York State Education Department, as required by § 6826 of the New York State Education Law.
§ 5-122 Display of Information Relating to Emergency Contraception.
(a) As used in this section:
(1) “Not sell” shall mean not to have available for usual and customary dispensing at any time, except that this shall not include circumstances where the pharmacy customarily dispenses such drug or drugs that are temporarily not in stock and such pharmacy will be able to fill prescription within 12 hours after a customer requests that a prescription for such drug be filled.
(2) “Emergency contraception prescription drug” shall mean the named drugs, Plan B and Preven, and any other drug expressly approved by the U.S. Food and Drug Administration (FDA) for use as emergency contraception drug with a physician’s prescription or when and as specifically authorized by law to be dispensed for emergency contraception without a prescription.
Subchapter G: Information With Respect To Funeral Costs
§ 5-161 Casket and Outer Interment Receptacle Information.
The retail price, which is required to be prominently displayed on caskets and outer interment receptacles pursuant to § 20-731 of the Administrative Code, must be clearly visible regardless of whether such casket or receptacle is open or closed.
§ 5-162 General Price List to be Furnished by Provider of Funeral Services.
(a) Size of print. The presentation sheet required to be furnished by providers of funeral services pursuant to § 20-732 of the New York City Administrative Code shall be printed clearly and conspicuously.
(1) Except as specifically provided otherwise in this subchapter, the presentation sheet required pursuant to § 20-732 of the New York City Administrative Code shall conform to and shall contain the information required to be included in the General Price List as prescribed by the New York State Sanitary Code (10 NYCRR § 79.4) and the Federal Trade Commission Funeral Industry Trade Practices Rule (16 C.F.R. Part 453), as such may be amended from time to time, and shall be known hereinafter as the “General Price List.”
(2) The following disclosures shall be placed on the General Price List in addition to and immediately after such disclosures that are required to be placed immediately above the price information required pursuant to State and federal law or regulations promulgated pursuant thereto specifying the form and content of the General Price List:
(i) Your authorization is required for a funeral home to obtain custody of a body, and a body must be released promptly upon your request.
(ii) The provider of funeral services is required to give price information in person and over the telephone.
(iii) A provider of funeral services is prohibited from representing that the deterioration of human remains can be prevented for more than a limited time by embalming, caskets, vaults or outer interment receptacles.
(3) The following statement shall be inserted in the General Price List in a box immediately after the listing of prices for caskets or the listing of the price range for caskets: “The Federal Trade Commission prohibits the provider of funeral services from imposing any additional fee or surcharge to consumers who obtain a casket elsewhere.”
(1) The provider of funeral services shall immediately offer a General Price List to any person who inquires about funeral services at the funeral service establishment.
(2) Copies of the General Price List shall be clearly visible and easily accessible in all areas of the funeral service establishment where sales or potential sales of funeral services are discussed and in the area within the funeral service establishment that is in the immediate vicinity of the main public entrance to such establishment.
§ 5-163 Display of Merchandise.
(a) Caskets must be displayed in the same general manner as required by § 20-734 of the New York City Administrative Code, both in printed material supplied by a provider of funeral services and in all exhibits shown to customers and prospective customers. Standards for the same general manner of display include, but are not limited to, lighting, visibility, accessibility, and overall condition of caskets, as well as to any representations made about them.
§ 5-164 Price Information Over Telephone.
(a) When a telephone caller makes an inquiry regarding the cost of funerals, the provider of funeral services shall, during the course of that telephone conversation, give the caller a price range including:
(1) the cost of all items that such provider requires must be purchased as part of all arrangements for burial or cremation, depending upon which alternative the caller inquires about; and
(2) the average cost of a funeral or the cost of a customarily provided funeral. The caller shall be informed of which items of service are included in all prices given.
Example: A caller inquiring about caskets may be told by the provider of funeral services: “We have caskets ranging in price from $(price) for a (description, model, brand) to $(price) for a (description, model, brand).”
If there is no variation in price for an item or service, then the provider of funeral services must give the caller a specific price.
§ 5-165 Display of Ownership Information.
(a) Every provider of funeral services shall display all of the following ownership information on a sign that is either located immediately outside the main entrance to its funeral services establishment or that is located immediately inside the main entrance to its funeral services establishment. If such sign is located immediately inside the main entrance to such funeral establishment, it must be clearly visible to someone standing inside such entrance and shall not be placed on the back of the door to such main entrance or in any other location where it would be hidden from view.
(1) The name of every licensed funeral director who holds at least a ten percent ownership interest in the corporation, limited liability company, partnership, limited liability partnership, association, organization, or other business entity which operates such funeral services establishment.
(2) The names of any and all corporations, limited liability companies, partnerships, limited liability partnerships, associations, organizations, or other business entities which directly or indirectly hold an ownership interest of ten percent or more in the corporation, limited liability company, partnership, limited liability partnership, association, organization, or other business entity which operates such funeral services establishment.
(3) The lettering on such sign shall be at least one inch high.
§ 5-166 Sale of Monuments.
(a) As used in this section:
(1) “Monument” means any memorial, headstone, footstone, plaque, ledger stone or other marker that is designed or intended to be erected or installed in or on any cemetery, grave, mausoleum or other appropriate place of burial or memorialization.
(2) “Foundation” means a poured concrete or other permanent base intended to support the monument and installed at the gravesite in the appropriate location.
(1) Make available to customers a price list of all monuments offered for sale as part of or in connection with funeral arrangements. Such price list shall be captioned at the top of the page as a “MONUMENT PRICE LIST” in capital bold face letters. Such price list shall only contain price information about monuments.
(2) The following statement shall be clearly and conspicuously included in at least 10 point type on the Monument Price List inside a box set immediately below the caption for such price list:
“The purchase of a monument is not required as part of your funeral arrangements. The cost and arrangements for the purchase of a monument must be accounted for and set out in a document that is separate from the one under which you agree to the other funeral arrangements you make.”
(1) the name, address and telephone number of the funeral service provider and of the purchaser;
(2) the full name of the individual to be memorialized and, if known, the date of such individual’s death;
(3) a full description of the monument, including the material to be provided, the dimensions of the finished monument, a sketch or drawing of the proposed monument, the wording of any inscription on such monument, including the approximate layout thereof, and the method of engraving of such inscription;
(4) the approximate date when the monument is expected to be completed;
(5) the name of the cemetery in which the monument is to be placed, together with the location of the plot or grave, if known; and
(6) a full disclosure of the following: the price of the monument; applicable sales tax, if any; the charge made by the cemetery for the foundation; any charges for additional work, provided that such additional work is clearly described in the contract and such charges are itemized; the total price as contracted; and the schedule for payment, if any.
Subchapter H: Income Tax Preparers
§ 5-171 Location.
Each tax preparer shall prominently and conspicuously post the statement required by § 20-740 of the Administrative Code at the public entrance to the tax preparer’s business premises or in the immediate area where consumers arrive and are met for business purposes by the tax preparer.
§ 5-172 Form and Content.
(a) Except as provided in subdivision (b) of this section, the sign shall be composed of proportionately spaced, upper-case black characters, "sans-serif," at least one-half inch (1/2") high on a white background. The lines on the sign shall be spaced at least one-half inch (1/2") apart.
Specimen No. I IDENTIFICATION AND QUALIFICATIONS OF TAX PREPARER JANE DOE 1 MAIN ST. BRONX, NY 11111 212-555-5555 QUALIFICATIONS: DEGREE IN TAX PREPARATION FROM ABC COLLEGE AND FOUR YEARS EXPERIENCE IN PREPARING TAX RETURNS AT DEF TAX SERVICES.
Specimen No. II IDENTIFICATION AND QUALIFICATIONS OF TAX PREPARER XYZ TAX PREPARERS, INC. 1 MAIN ST. NEW YORK, NY 10000 212-555-0000 QUALIFICATIONS: EACH INDIVIDUAL WHO PREPARES TAX RETURNS FOR XYZ TAX PREPARERS, INC. HAS AT LEAST SIXTY HOURS OF CLASSROOM TRAINING CONDUCTED BY XYZ TAX PREPARERS, INC.
§ 5-173 Consumer Bill of Rights Regarding Tax Preparers.
(a) Each tax preparer must post a sign provided by the Department stating: “By law, tax preparers must give you a free, current, and legible copy of the Consumer Bill of Rights Regarding Tax Preparers before beginning any discussions about tax preparation services. The tax preparer must let you review that document and answer any questions you have. To file a complaint about this business, contact 311 or visit DCA’s website.”
(1) The sign must measure at least 17 inches wide by 11 inches tall.
(2) The sign must be:
(i) posted prominently and conspicuously at the public entrance to the tax preparer’s business premises or in the immediate area where consumers arrive and are met for business by the tax preparer; and
(ii) in English and in any other language which the tax preparer uses to attract customers, provided that the Department has made available a translation of such sign into that language.
Subchapter J: Information Regarding Redemption of Beverage Containers
§ 5-191 Size of Sign.
The sign required to be posted pursuant to § 20-746 of the Administrative Code shall not be smaller than eleven inches in width and seventeen inches in length.
§ 5-192 Content of Sign.
(a) Except as otherwise provided in subdivision b of this section, every dealer shall be required to post a sign which contains the following language:
BOTTLE BILL OF RIGHTS IF you buy beer, soda or mineral water in New York State, you pay a deposit on each can or bottle. That gives you certain rights … THE RIGHT to return your empties for refund to any dealer who sells the same brand, type and size, whether you bought the beverage from that dealer or not. THE RIGHT to get your deposit refund in cash, without proof of purchase. THE RIGHT to return your empties any day, any hour, except the first and last half-hour of the dealers’ business day. THE RIGHT to return your containers if they are empty and intact. Washing containers is not required by law, but it is strongly recommended to maintain sanitary conditions. The regulations of the New York State Returnable Beverage Container Act are enforced by the New York State Department of Environmental Conservation. Report any violation to the NYS Department of Environmental Conservation, (insert current address of Department) THE CITY OF NEW YORK, (insert name of current mayor), MAYOR Department of Sanitation, (insert name of current commissioner), Com- missioner Department of Consumer Affairs, (insert name of current commissioner), Commissioner
This notice is required to be posted pursuant to Local Law 25 of the Laws of 1985, enacted by the NYC Council.
§ 5-193 Signs Provided by the Department.
The Department of Consumer Affairs shall make available to all dealers signs which comply with the Department’s regulations as to size and content. Dealers may request such signs by contacting the Department.
§ 5-194 Substitute Signs.
Any dealer who wishes to post a sign other than the one supplied by the Department may do so, provided that the sign so substituted is approved by the Commissioner prior to its posting. To be approved, substitute signs shall be at least eleven inches by seventeen inches in size and shall contain language that is similar in import to that required by 6 RCNY § 5-192. Dealers may expand upon, but may not omit, any of the language required by 6 RCNY § 5-192. To obtain prior approval for a substitute sign, a dealer shall submit to the Department a true representation of the sign for which approval is being sought. The type for the heading on substitute signs shall not be smaller than three quarters (3/4) of an inch in size. The type for the text on substitute signs shall not be smaller than one half (l/2) of an inch in size.
§ 5-195 Posting of Signs.
The sign required to be posted pursuant to § 20-745 of the Administrative Code shall be conspicuously placed within ten feet of the dealer’s cash register(s) and shall be visible to consumers prior to the time they pay for their merchandise.
§ 5-196 Number of Signs.
Dealers whose stores contain four (4) or less cash registers shall be required to post at least one (1) sign. Dealers whose stores contain between five (5) and ten (10) cash registers shall be required to post at least two (2) signs. Dealers whose stores contain more than ten (10) cash registers shall be required to post at least three (3) signs.
§ 5-197 Signs in Foreign Languages.
The sign required to be posted pursuant to § 20-745 of the Administrative Code must be in English and shall also be in any other language which the dealer uses to attract customers.
Subchapter K: Theatre Tickets [Repealed]
§ 5-211 Definitions. [Repealed]
*§ 5-212 Conduct of Ticket Selling Business. [Repealed]* ::
§ 5-213 Financial Records. [Repealed]
*§ 5-214 Group Ticket Sales and Theatre Parties. [Repealed]* ::
§ 5-215 Public Posting of Statutory and Regulatory Information. [Repealed]
*§ 5-216 License Suspension or Revocation. [Repealed]* ::
Subchapter L: Collateral Loan Brokers
§ 5-221 Fees.
No collateral loan broker shall charge or exact a fee other than that permitted by § 44 of the General Business Law, except that the collateral loan broker may charge a reasonable fee for:
(i) Storage of furs, fur coats, fragile, delicate or bulky items: $25.00.
(ii) Storage of art objects including paintings, sculptures and all works in any other medium for sizes not to exceed 36 inches by 36 inches: $25.00 plus any costs actually incurred for special crating and packaging; and for sizes exceeding the foregoing: an amount separately agreed to by the parties.
(iii) Vault storage for stamp or coin collection: $20.00.
(iv) Vault storage for jewelry: 2 percent of the amount of the loan not to exceed $20.00; if the loan exceeds $1,000: an amount separately agreed to by the parties.
(v) Transportation of pledged items to and from the vault either by courier(s) or vehicle(s), together with security therefore: one percent of the amount loaned.
(vi) Special handling or wrapping of cameras and photographic equipment: $5.00.
(vii) Special handling of musical instruments: $5.00 for standard size; instruments exceeding standard size: by separate agreement of the parties.
(viii) Special handling of radios, hi-fi’s, VCR’s, stereos and television equipment: $10.00.
(ix) Special handling for other electrical apparatus, including computers: $10.00.
§ 5-222 Caveats on Pawn Tickets.
(a) Every ticket issued by a collateral loan broker shall include a notation in either of the following forms: "Not accountable for loss of goods by fire or theft" or "Protected against loss by fire or theft." Words having practically the same meaning as the foregoing may be used.
§ 5-223 Pledgor’s Identity Required for Precious Metals. [Repealed]
Upon mailing a notice to the pledgor of an intention to sell for failure to redeem, the pledgee shall obtain from the postal authorities a receipt for the letter. This receipt, or in case of failure by the postal authorities to deliver such notice, the return letter, shall be retained as proof of compliance with the law.
§ 5-225 Proof of Notice of Surplus Realized for Sale of Pledged Property and Arrangement for Payment to Pledgor. [Repealed]
(a) It shall be the duty of every collateral loan broker to verify the identity of every person from whom he accepts any article as a pledge for a loan and to make and keep a written record of the nature of the evidence submitted by such person to prove his identity. Only the following shall be deemed acceptable evidence of identity:
(1) Any official document issued by the United States government, any state, county, municipality or subdivision thereof, any public agency or department thereof, or any public or private employer, which requires and bears signature of person to whom issued.
(2) Police, fire department and postal department badges containing numbers.
(3) A passport.
§ 5-227 Papers in Which Collateral Loan Brokers Can Advertise Auction Sales.
The following is a list of all newspapers published in the City of New York in which collateral loan brokers may advertise the sale of all unredeemed pawns or pledges which remain in their possession in excess of the period prescribed by § 48 of the General Business Law. To the extent required by § 48 of the General Business Law, such sale shall be at public auction by a licensed auctioneer, so long as auctioneers are required to be licensed pursuant to the New York City Administrative Code.
American Banker
Brooklyn Daily Bulletin
China Daily News
The China Post
China Tribune
Daily News
El Diario – La Prensa
Jewish Daily Forward
National Herald
New York Daily Challenge
The New York Evening Express
New York Post
The New York Times
The News World
Novoye Russkoye Slovo
Nowy-Dziennik
The Peimer News
Il Progresso Italo-Americano
Queens Evening News
Staten Island Advance
Svoboda Ukrainian Daily
United Journal
The Wall Street Journal
Women’s Wear Daily
World Journal
Yiddish Zeitung
Subchapter M: Employment Agencies
§ 5-241 Records.
It shall be the duty of each licensed agency to keep its financial records on a monthly or quarterly basis and such records shall be brought up to date not later than thirty(30) days after the expiration of such period. All such records shall be kept at the principal place of business for a period of three (3) years and shall be made available for inspection during normal business hours to the Commissioner of Consumer Affairs of the City of New York, or his duly authorized representatives.
§ 5-242 Applications for License – Corporation.
(a) A corporate applicant for a license shall list on the original application, or a renewal application, the names and addresses of all its officers and all stockholders holding ten percent (10%) or more of the stock of said corporation. A true and certified copy of the minutes electing such officers shall be attached to the application.
§ 5-243 Trade Name and Partnership Certificates.
(a) If the applicant conducts business under a trade name or if the applicant is a partnership, then the application for a license must be accompanied by a copy of the trade name or partnership certificate duly certified by the Clerk of the County in whose office said certificate is filed.
§ 5-244 Fingerprinting.
(a) Every applicant for a license, if he is a natural person, shall be fingerprinted in the office of the Department and the fingerprints shall be filed with and made part of the original application.
§ 5-245 Premises.
(a) An agency may share premises, provided that the sharing is with an unrelated entity or with an entity permitted by New York General Business Law § 187(8). The agency shall not directly or indirectly suggest to an applicant that he or she purchase the services or products of the entity sharing the premises. For purposes of this section, "unrelated" shall mean that no exchange of the proceeds or sharing of profits in any form takes place between the agency and the entity, and that they do not have any officers, directors, partners, shareholders, principals, managers, executives, administrators, salespersons, or job-placement counselors in common.
§ 5-246 Referral Cards.
(a) Whenever a licensed agency refers an applicant for a position to an employer where it reasonably knows or should have known that a labor dispute is in progress, then it shall be the duty of the licensee to deliver to the applicant a statement in large and bold lettering, to the effect that the employees in such place of employment are engaged or involved in a labor dispute.
§ 5-247 Recruitment of Domestic or Household Employees from Without the State.
(a) No employment agency shall recruit domestic or household employees outside the State of New York as provided in § 184 of the General Business Law without notifying the Commissioner of Consumer Affairs of the City of New York in writing.
§ 5-248 Prohibited Practices.
(a) No employment agency shall discriminate against any individual because of his age, race, creed, color, national origin, religion, sexual orientation, or sex, in receiving, classifying, disposing or otherwise acting upon applications for its services, in referring an applicant or applicants to an employer or employers or with respect to any guidance, training or apprenticeship program.
(1) print or circulate or cause to be printed or circulated any statement, advertisement or publication, or
(2) use any form of application for employment, or
(3) use any business name, trade name or display name, or
(4) make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, religion, sexual orientation, or sex, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.
§ 5-249 Definitions of GBL § 171 Terms.
As used in § 171 of GBL Art. 11, the following terms shall have the meanings indicated:
Applicant. “Applicant” means a person seeking employment.
Employment agency.
(1) “Employment agency” shall include all persons who, for a fee, render vocational guidance or counseling services, and who directly or indirectly represent, by any means, that:
(i) they obtain or attempt to obtain employment for an applicant; or
(ii) they will or may arrange interviews with employers for an applicant; or
(iii) they have or may make contacts with employers which may improve an applicant’s chances to obtain employment; or
(iv) they have knowledge of job openings or positions which is not available to the public; or
(v) they have knowledge of job openings or positions which cannot be obtained with reasonable effort from other sources; or
(vi) they maintain or sell a list or lists of job openings or positions unless all of the information contained in the list or lists appears in, and is part of, a newspaper or other publication in general circulation, and this fact is disclosed to consumers.
(2) “Employment agency” also shall include all persons who, for a fee, render vocational guidance or counseling services, and who directly or indirectly represent, by any means, that:
(i) they provide information about job search techniques or job search strategies; or
(ii) they assist an applicant in any attempt to present to employers the availability or qualifications, or both, of the applicant for a position or class of positions. Such representations include, but are not limited to, representations that they “market” or “promote” applicants.
Person. “Person” means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee of the foregoing.
Vocational guidance or counseling services. “Vocational guidance or counseling services” means services which consist of one or more oral presentations and which:
(1) provide information concerning the qualifications generally required for one or more positions or class of positions; or
(2) assess, or attempt to assess, the suitability of a person seeking employment for one or more positions or class of positions; or
(3) provide information concerning the availability of one or more positions or class of positions.
§ 5-250 Display of Sign.
(a) Every licensed employment agency must post conspicuously at his or her place of business a sign, at least 12 inches by 18 inches in dimension with letters at least 1-inch high, which includes the name that appears on his or her license(s), the license number(s), and instructions on contacting the Department to file a complaint.
§ 5-251 Display of License.
Every licensee must post conspicuously his or her license at the licensee’s place of business. A licensee may post a copy of the license at the licensee’s place of business only if the original is available at such place of business for inspection by any person.
§ 5-252 Notice of Hearing and Subpoena Duces Tecum.
A licensee must appear in person at the Department to answer a notice of hearing or a subpoena duces tecum served upon that licensee. If the licensee is an individual, he or she must appear; if a partnership, one of its general partners must appear; and if a corporation, one of its officers must appear. A notice of hearing or subpoena duces tecum may be served by ordinary mail addressed to the licensee’s place of business. They may also be served by ordinary mail addressed to the residence of an individual licensee; the residence of a general partner of a partnership licensee; or the residence of an officer or principal stockholder of a corporate licensee.
§ 5-253 Change of Address.
A licensee shall notify the Department in writing of any change of address within 10 days of the change. This requirement applies to the address of the licensed business, and to the resident addresses of: individual licensees; all partners of partnership licensees; and the officers and principal stockholders of corporate licensees.
§ 5-254 Judgments.
A licensee or license applicant must satisfy any outstanding judgment against him or her that has been obtained by a consumer and that relates to activities for which a license is required:
§ 5-255 Response to Consumer Complaints.
A licensee or license applicant must respond in writing to the Department about any consumer complaint sent to the licensee or applicant by the Department. The response must be made within 20 days of the date the complaint is sent to the licensee or applicant and must set forth the licensee’s or applicant’s position regarding the transaction which is the subject of the complaint, including the facts which the licensee or applicant believes justify its position. The licensee or applicant must respond to subsequent communications from the Department concerning the complaint within 10 days after receiving a communication.
§ 5-256 Proof of Surety Bond.
No license or renewal shall be issued unless the licensee or applicant submits proof that every bond required by the Department for the license is in effect and does not expire prior to the end of the licensing period. Except where otherwise provided, all such bonds must allow any person aggrieved by the bondholder’s breach of the conditions of the bond to proceed against the bond.
§ 5-257 Lost or Mutilated Licenses.
(a) Lost license. A licensee shall immediately report, in an affidavit, the loss of a license issued to him or her by the Department, requesting the issuance of a new license. Replacement licenses are issued at the discretion of the Department.
§ 5-258 Late Renewal Fee.
Any licensee who files for a license renewal more than one (1) month, but less than three (3) months, after the expiration date of the license must pay to the Department, in addition to any other fees or penalties provided by law, the sum of $20 or 20 percent of the license fee, whichever is greater. Any licensee who files for a license renewal more than three (3) months after the expiration date of the license must pay to the Department, in addition to any other fees or penalties provided by law, the sum of $50 or 30 percent of the license fee, whichever is greater.
§ 5-259 Statement of Terms and Conditions.
(a) All employment agencies must provide to each applicant a document accompanying each contract entitled “Terms and Conditions,” except when offering an applicant a contract for Class “C” theatrical employment.
[Click here to open a PDF copy of the terms and conditions form]
Subchapter N: Immigration Consultants
§ 5-260 Location and Availability of Records.
All records required to be retained shall be kept at the provider’s principal place of business and shall be made available for inspection during normal business hours to the Commissioner or his or her duly authorized representative.
§ 5-261 Requirements for Written Agreements.
The statements required to be included in written agreements pursuant to subdivisions one through seven and nine through twelve of § 20-777 of the New York City Administrative Code shall all be included together in a box that is set off from the rest of the text of the written agreement. The text of the required statements shall be in at least twelve (12) point font. The box containing the required statements shall appear immediately above the place for the consumer’s signature.
§ 5-262 Completing Form Preparation Declaration.
Every immigration assistance service provider shall complete and sign the form preparation declaration contained on any form that was directly or indirectly prepared by such provider as part of the service for which the consumer is charged a fee under the written agreement required by § 20-777.
§ 5-263 Exemption Obtained by Fraud or Misrepresentation.
Any person or organization that obtained by fraud or misrepresentation any status set forth in § 20-775(b)(1) - (7) of the New York City Administrative Code, which otherwise would have entitled such person or organization to an exemption from regulation as a provider of immigration assistance services pursuant to Subchapter 14-a of Chapter 5 of Title 20 of the New York City Administrative Code, shall be deemed to have been a provider of immigration services and never exempt from such regulation.
§ 5-264 Disclosure of Surety Maintained by Provider.
(a) Every immigration assistance service provider shall post a sign that shall be not less than eleven (11) inches by seventeen (17) inches in dimension stating that the provider is by law required to maintain in full force and effect, for the entire period during which the provider provides immigration assistance service and for one year after the provider ceases to do business as an immigration assistance service provider, a surety bond, contract of indemnity, or irrevocable letter of credit, payable to the people of the City of New York, in the principal amount of $50,000.00. The sign must also include the name, address and telephone number where a claim against such surety bond, contract of indemnity, or irrevocable letter of credit is required to be filed. Such sign shall be conspicuously displayed in the area where it will be clearly visible to consumers entering and leaving the premises.
Subchapter O: Tenant Screening Report Signs
§ 5-265 Requirements Concerning the Posting of Signs About Tenant Screening Reports.
(a) The sign required to be posted pursuant to § 20-809 of the Administrative Code of the City of New York at any location at which the principal purpose is to conduct business transactions pertaining to the rental of residential real estate properties shall include text printed in the specified size type and shall contain the required information in the order listed below, except that italicized text included below is not part of the text for the sign:
(1) The words “NOTICE ABOUT TENANT SCREENING REPORTS” shall be printed at the top of the sign in one and one half-inch high capital letters.
(2) If application information is or may be used to screen tenants through a report from a consumer reporting agency, the sign shall state in 24-point type as follows: “Tenant screening reports from consumer reporting agencies are sometimes used to assist landlords in making rental decisions. In regard to such reports (Check the applicable box):
____ We do not use such reports.
____ We may use such reports by contacting the following:
• (Insert name and address of each consumer reporting agency that may be contacted, and identify any that are a nationwide specialty consumer reporting agency).
• (Use additional lines for each listed agency).
“The law requires us to notify you if we do not lease or rent to you based on information in that report. You also have the right to dispute the accuracy of the information in the report directly with the reporting agency and to obtain a free report from such agency if we do not lease or rent to you based on such report.
“You also are entitled to receive one free report every 12 months from any nationwide specialty consumer reporting agency used by us, as well as a free credit report every 12 months from each of the nationwide consumer credit reporting companies: Equifax, Experian and TransUnion. You can request this free credit report through the website www.annualcreditreport.com. You may dispute the accuracy of any information about you that is contained in such report directly with the credit reporting agency.”
Subchapter P: Pregnancy Services Centers
§ 5-266. Definitions.
As used in this chapter, the following terms have the following meanings:
Directly provide. The term “directly provide” means that the licensed medical provider provides the service.
Directly supervise. The term “directly supervise” means that the licensed medical provider is on site and directly overseeing the provision of the service from beginning to end.
Services. The term “services” means abortion, emergency contraception, obstetric ultrasounds, obstetric sonograms, prenatal care, pregnancy testing, pregnancy diagnosis, and other medical and/or pharmaceutical services.
Social media site or social network site. The term “social media site” or “social network site” means a form of electronic communication, such as a website for social networking or microblogging, which allows users to interact or through which users create online communities to share information, ideas, personal messages, and other content, and includes, but is not limited to, Facebook, Twitter, YouTube, Flickr, LinkedIn, Tumblr and Myspace.
§ 5-267. Exemption.
A pregnancy services center shall not include a facility:
§ 5-268. Display of Sign for Required Disclosure.
(a) Every pregnancy services center must display at its facility, including a mobile facility, a sign provided by the Department stating in English and Spanish: "This facility does not have a licensed medical provider on site to provide or supervise all services." The Department will provide both signs on its website for downloading by pregnancy services centers. The sign will measure eleven (11) inches by seventeen (17) inches and the lettering will be one inch high.
§ 5-269. Disclosures in Advertising.
(a) "Advertisement promoting the services of a pregnancy services center" includes all promotional materials, statements, visual descriptions, or other visual representations of any kind disseminated in print or electronically, including, but not limited to, mailings, postcards, signs, business cards, flyers, hand-outs, brochures, banners, billboards, subway or bus signs, window signs, store-front signs, newspaper print advertisements and listings, telephone directory listings, television advertisements, internet advertisements, social media or social network sites and radio advertisements. "Advertisement promoting the services of a pregnancy services center" does not include communications or statements made by a center in the course of its operations that do not promote the center's services to clients or the general public, and that are directed exclusively to the center's non-client directors, employees, past financial donors, and interns.
§ 5-270. Oral Disclosure.
Upon a client or prospective client request for an abortion, emergency contraception and/or prenatal care service, a pregnancy services center shall orally disclose in English and Spanish the statement: “This facility does not have a licensed medical provider on site to provide or supervise all services.”
§ 5-271. Evidence.
(a) It shall be prima facie evidence that a facility has the appearance of a licensed medical facility if it has two or more of the factors listed in subparagraphs (a) through (f) of Title 20, Subchapter 17, Section 20-815(g)(2) of the New York City Administrative Code.
Subchapter Q: Bail Bond Agents
§ 5-272. Definitions.
As used in this chapter, the following terms have the following meanings:
Bail bond agent. The term “bail bond agent” has the same definition as that term is defined in Section 20-830 of the Administrative Code.
Designated citywide language. The term “designated citywide language” has the same definition as that term is defined in Section 20-830 of the Administrative Code.
§ 5-273. Disclosures.
(a) To comply with Section 20-831(b) of the Administrative Code, a bail bond agent must post in a conspicuous manner at its business and where transactions are executed a sign, produced and made available by the Department, no less than 8.5 inches by 11 inches in dimension that contains the following information:
(1) The name of the bail bond agent as registered with the New York State Department of Financial Services;
(2) The New York State Department of Financial Services license number of the bail bond agent;
(3) All addresses and phone numbers registered under the license; and
(4) The name of any sublicensee registered under the license.
Bail Bond Consumer Bill of Rights
By law, bail bond agents must give you a copy of this document before you sign a contract. It outlines your rights, how the process works, and maximum fees that a bail bond agent can charge. Take the time to read and understand it before you sign it. The bail bond agent must give you a copy of any signed document, including a contract, to keep.
Know Your Rights
It’s illegal for a bail bond agent to:
• Charge a fee (also called a premium) for the bail bond that is more than the maximum fee allowed by law. See the Maximum Fees Chart. The fees charged by the bail bond agent are not refundable, which means you will not get back your money.
• Charge extra for services if the charges, combined with other fees, exceed the maximum fees allowed. Services might have names like “courier fee” or “check-in fee.”
• Require someone to pay more fees for a bail bond if the maximum fees have been paid already.
You have the right to:
• Know the name and license number of the bail bond agent and receive this information in writing.
• Negotiate the contract with the bail bond agent.
• Take documents off the premises to review them before signing them.
• Get a contract that tells you when the bail bond agent will return your collateral and under what conditions. Collateral can be cash, property, such as the deed to a home, or something with value that the bail bond agent keeps until a case is over. Collateral is refundable, so you get it back when the case is over. However, the bail bond agent may be able to keep the collateral if the defendant violates the court’s orders; for example, if the defendant does not show up for a scheduled court appearance.
• Get back the collateral you provided if the judge decides that the defendant followed all of the court’s directions. It does not matter if the defendant is convicted or acquitted.
How the Process Works
Someone close to you is arrested and charged with a crime.
The court sets bail. If you cannot pay cash bail directly to the court, you can go to a bail bond agent to arrange a bail bond. Know your rights when using a bail bond agent! See Know Your Rights.
You pay the bail bond agent, possibly provide collateral, and sign a contract. The bail bond agent secures the bail bond.
The defendant is released from jail.
While the case is open, the defendant must obey all court orders and attend all scheduled court appearances. If not, the court may revoke bail, which means the bond is forfeited and you lose your collateral.
If the judge “exonerates” the bond (either at the end of the case or while the case is still open), then the bail bond agent must return the collateral. The court has exoneration paperwork, often called the “disposition,” which says whether the bail was exonerated, and you can take this to the bail bond agent as proof.
The bail bond agent either gives you the collateral immediately or mails it to you.
Maximum Fees Chart
The formula to determine the maximum fees that a bail bond agent can charge for a bail bond is:
• If the bond is $200 or less, the maximum fee is $10.
• If the bond is more than $200, the maximum fee is:
o 10% of the amount up to $3,000
o An additional 8% for any amount between $3,000 and $10,000
o An additional 6% for any amount above $10,000
The maximum fees are set based on the size of the bond, not the number of people signing for it. If the maximum fee for a bond is $100 and two or more people sign for the bond, the bail bond agent may still only charge $100 total.
~
| $1 to $200 | $10 | $10 |
|---|---|---|
| $1,000 | 10% of $1,000 | $100 |
| $5,000 | 10% of $3,000 + 8% of $2,000 | $460 |
| $7,500 | 10% of $3,000 + 8% of $4,500 | $660 |
| $10,000 | 10% of $3,000 + 8% of $7,000 | $860 |
| $20,000 | 10% of $3,000 + 8% of $7,000 + 6% of $10,000 | $1,460 |
| $50,000 | 10% of $3,000 + 8% of $7,000 + 6% of $40,000 | $3,260 |
~
An online tool to calculate maximum fees is available at: https://nybondcalculator.org/
What to Do if a Bail Bond Agent Breaks the Law
To report an unlicensed bail bond agent, or a bail bond agent charging illegal fees or failing to return or refund collateral, contact the New York State Department of Financial Services (DFS) at (800) 342-3736 or dfs.ny.gov.
To report other illegal business practices, contact the New York City Department of Consumer Affairs (DCA) by calling 311 or visiting nyc.gov/dca. Illegal business practices may include refusing to provide copies of documents; failing to provide a complete receipt or providing an illegal receipt; or false advertising.
For Consumer to Complete:
The bail bond agent must give you this document in your preferred language if it is one of the six designated citywide languages (Spanish, Bengali, Chinese, Haitian Creole, Korean, Russian).
___________________ ___________________Signature Date
___________________Print Name_______________________________________________________________________________________
Bail Bond Fees
The formula to determine the maximum fees that a bail bond agent can charge for a bail bond is:
• If the bond is $200 or less, the maximum fee is $10.
• If the bond is more than $200, the maximum fee is:
o 10% of the amount up to $3,000
o An additional 8% for any amount between $3,000 and $10,000
o An additional 6% for any amount above $10,000
The maximum fees are set based on the size of the bond, not the number of people signing for it. If the maximum fee for a bond is $100 and two or more people sign for the bond, the bail bond agent may still only charge $100 total.
~
| $1 to $200 | $10 | $10 |
|---|---|---|
| $1,000 | 10% of $1,000 | $100 |
| $5,000 | 10% of $3,000 + 8% of $2,000 | $460 |
| $7,500 | 10% of $3,000 + 8% of $4,500 | $660 |
| $10,000 | 10% of $3,000 + 8% of $7,000 | $860 |
| $20,000 | 10% of $3,000 + 8% of $7,000 + 6% of $10,000 | $1,460 |
| $50,000 | 10% of $3,000 + 8% of $7,000 + 6% of $40,000 | $3,260 |
~
An online tool to calculate maximum fees is available at: https://nybondcalculator.org/
Consumer Bill of Rights
You are entitled to receive a Consumer Bill of Rights and you must sign it before entering into a contract with the bail bond agent.
File a Complaint
If you think the bail bond agent broke the law by charging excessive fees, you should file a complaint.
To report an unlicensed bail bond agent, or a bail bond agent charging illegal fees or failing to return or refund collateral, contact the New York State Department of Financial Services (DFS) at (800) 342-3736 or dfs.ny.gov.
To report other illegal business practices, contact the New York City Department of Consumer Affairs (DCA) by calling 311 or visiting nyc.gov/dca. Illegal business practices may include refusing to provide copies of documents; failing to provide a complete receipt or providing an illegal receipt; or false advertising.
Subchapter A: Office of Labor Policy and Standards
7-101 Definitions.
(a) As used in this subchapter, the following terms have the following meanings:
“Employee” means any person who meets the definition of “employee,” as defined by Section 20-912 of the Code, “eligible grocery employee,” as defined by Section 22-507 of the Code, “fast food employee,” as defined by Section 20-1201 or 20-1301 of the Code, or “retail employee,” as defined by Section 20-1201 of the Code.
“Employer” means any person who meets the definition of “employer,” as defined by Section 20-912 of the Code, “successor grocery employer” or “incumbent grocery employer,” as defined by Section 22-507 of the Code, “fast food employer,” as defined by Section 20-1201 or 20-1301 of the Code, or “retail employer,” as defined by Section 20-1201 of the Code.
“Freelancers Law and rules” means Chapter 10 of Title 20 of the Code and Subchapter E of this chapter.
“OLPS laws and rules” means Chapters 8, 12, and 13 of Title 20 and Section 22-507 of the Code and Subchapters A, B, D, F, and G of this chapter.
“Transportation Benefits Law and rules” means Chapter 9 of Title 20 of the Code and Subchapter C of this chapter.
“Code” means the Administrative Code of the City of New York.
“Department” means the New York City Department of Consumer Affairs.
“Director” means the director of the office of labor standards established, pursuant to Section 20-a of the charter.
“Joint employer” means each of two or more employers who has some control over the work or working conditions of an employee or employees. Joint employers may be separate and distinct individuals or entities with separate owners, managers and facilities. A determination of whether or not a joint employment relationship exists will not often be decided by the application of any single criterion; rather the entire relationship shall be viewed in its totality.
“Office” means the office of labor standards established, pursuant to Section 20-a of the New York City Charter and referred to as the Office of Labor Policy and Standards.
“Supplements” means all remuneration for employment paid in any medium other than cash, or reimbursement for expenses, or any payments which are not ‘wages’ within the meaning of the New York State Labor Law, including, but not limited to, health, welfare, non-occupational disability, retirement, vacation benefits, holiday pay, life insurance, and apprenticeship training.
“Temporary help firm” means an employer that recruits and hires its own employees and assigns those employees to perform work or services for another organization to: (i) support or supplement the other organization’s workforce; (ii) provide assistance in special work situations including, but not limited to, employee absences, skill shortages, or seasonal workloads; or (iii) perform special assignments or projects.
“Work week” means a fixed and regularly recurring period of 168 hours or seven consecutive 24 hour periods; it may begin on any day of the week and any hour of the day, and need not coincide with a calendar week.
“Written” or “writing” means a hand-written or machine-printed or printable communication in physical or electronic format, including a communication that is maintained or transmitted electronically, such as a text message.
§ 7-102 Construction.
This chapter shall be liberally construed to permit the Office to accomplish the purposes contained in Section 20-a of the New York City Charter. The provisions of this subchapter shall not be construed to supersede any other provision of the OLPS laws and rules, the Freelancers Law and rules, or the Transportation Benefits Law and rules.
§ 7-103 Severability.
The rules contained in this chapter shall be separate and severable. If any word, clause, sentence, paragraph, subdivision, section, or portion of these rules or the application thereof to any person, employer, employee, or circumstance is contrary to a Local, State or Federal law or held to be invalid, it shall not affect the validity of the remainder of the rules or the validity of the application of the rules to other persons or circumstances.
§ 7-104 Complainants and Witnesses.
(a) All people, regardless of immigration status, may access resources provided by the Office.
§ 7-105 Joint Employers.
(a) Joint employers are individually and jointly liable for violations of all applicable OLPS laws and rules and satisfaction of any penalties or restitution imposed on a joint employer for any violation thereof, regardless of any agreement among joint employers to the contrary.
§ 7-106 Determining Damages Based on Lost Earnings.
(a) The following provisions apply to the extent necessary in circumstances described in paragraphs (1) and (2) below for the calculation of damages based on lost earnings in an administrative enforcement action:
(1) When an employer pays a flat rate of pay for work performed, regardless of the number of hours actually worked, an employee’s hourly rate of pay shall be based on the most recent hourly rate paid to the employee for the applicable pay period, calculated by adding together the employee’s total earnings, including tips, commissions, and supplements, for the most recent work week in which no sick time or other leave was taken and dividing that sum by the number of hours spent performing work during such work week or forty hours, whichever amount of hours is less.
(2) If an employee performs more than one job for the same employer or the employee’s rate of pay fluctuates for a single job, the hourly rate of pay shall be the rate of pay that the employee would have been paid during the time that employee would have been performing work but for the employee’s absence.
§ 7-107 Required Notices and Postings.
(a) For any notice created by the Office that is made available on the City's website and that is then required by a provision of the OLPS laws and rules to be provided to an employee or posted in the workplace, an employer must provide and/or post such notice in English and in any language spoken as a primary language by at least five percent of employees at the employer's location, provided that the Director has made the notice available in such language. Employers covered by the Earned Safe and Sick Time Act, Chapter 8 of Title 20 of the Code, are required to comply with this subdivision in addition to the requirement, pursuant to Section 20-919 of the Code that an employer provide the notice of rights in an employee's primary language.
(2) For any notice that is not created by the Office and made available on the City’s website, that is required to be posted in the workplace by a provision of the OLPS laws and rules, an employer must post such notice in English and in any language that the employer customarily uses to communicate with any of the employees at that location.
§ 7-108 Retaliation.
(a) No person shall take any adverse action against an employee that penalizes an employee for, or is reasonably likely to deter an employee from, exercising or attempting to exercise rights under the OLPS laws and rules or interfere with an employee's exercise of rights under the OLPS laws and rules.
§ 7-109 Enforcement and Penalties.
(a) The Office may open an investigation to determine compliance with laws enforced by the Office on its own initiative or based on a complaint, except as otherwise provided by Section 20-1309 of Chapter 13 of Title 20 of the Code.
(1) For an initial request for information or records, the employer shall
i. Within ten (10) days of the date that the request for information was received by the employer provide the following information, if applicable:
A. the employer’s correct legal name and business form;
B. the employer’s trade name or DBA;
C. the names and addresses of other businesses associated with the employer;
D. the employer’s Federal Employer Identification Number;
E. the employer’s addresses where business is conducted;
F. the employer’s headquarters and principal place of business addresses;
G. the name, phone number, email address, and mailing address of the owners, officers, directors, principals, members, partners and/or stockholders of more than 10 percent of the outstanding stock of the employer business and their titles;
H. the name, phone number, email address, and mailing address of the individuals who have operational control over the business;
I. the name, phone number, email address, and mailing address of the individuals who supervise employees;
J. the name and contact information of the individual who the office should contact regarding an investigation of the business and an affirmation granting authority to act; and
ii. Within fourteen (14) days of the date of that the initial request for information or records was received, provide the remaining information or records requested in that initial request.
(2) For all requests for information or records after the initial request, an employer must respond within the timeframe prescribed by the Office in the request, which shall not exceed fourteen (14) days from the date that the request was received by the employer, unless a longer timeframe has been agreed to by the Office.
(3) Upon good cause shown, the Director may extend response timeframes required, pursuant to this subdivision.
(1) The employer will destroy or falsify records;
(2) The employer is closing, selling, or transferring its business, disposing of assets or is about to declare bankruptcy;
(3) The employer is the subject of a government investigation or enforcement action or proceeding related to wages and hours, unemployment insurance, workers’ compensation, discrimination, OLPS laws and rules, the Freelancers Law and rules, or the Transportation Benefits Law and rules; or
(4) More immediate access to records is necessary to prevent or remedy retaliation against employees.
(1) producing the requested information or records on or before the first scheduled appearance date; or
(2) resolving, to the satisfaction of the Office on or before the first scheduled appearance date, the investigation that is the basis for the request for information or records.
§ 7-110 Service.
Service of documents issued by the Office to employers, including written requests for information or records and notices of violation, shall be made in a manner reasonably calculated to achieve actual notice to the employer. The following are presumed to be reasonably calculated to achieve actual notice: (i) personal service on the employer; (ii) personal service on the employer by regular first-class mail, certified mail, return receipt requested, or private mail delivery services, such as UPS, to an employer’s last known business address; or (iii) if an employer has so consented, facsimile, email, including an attachment to an email.
§ 7-111 Recordkeeping.
(a) An employer's failure to maintain, retain, or produce a record that is required to be maintained under the OLPS laws and rules that is relevant to a material fact alleged by the Office in a notice of violation issued, pursuant to a provision of the OLPS laws and rules creates a reasonable inference that such fact is true, unless a rebuttable presumption or other adverse inference is provided by applicable law.
Subchapter B: Earned Safe and Sick Time
§ 7-201 Definitions.
(a) As used in this chapter, the terms "calendar year," "employee," "employer," "health care provider," "paid safe/sick time," "safe time," and "sick time" shall have the same meanings as set forth in Section 20-912 of the Administrative Code.
§ 7-202 Business Size.
(a) Business size for an employer that has operated for less than one year shall be determined by counting the number of employees performing work for an employer for compensation per week, provided that if the number of employees fluctuates between less than five employees and five or more employees per week, business size may be determined for the current calendar year based on the average number of employees per week who worked for compensation for each week during the 80 days immediately preceding the date the employee used safe time or sick time.
§ 7-203 Employees.
An individual is “employed for hire within the City of New York for more than eighty hours in a calendar year” for purposes of Section 20-912(f) of the Administrative Code if the individual performs work, including work performed by telecommuting, for more than eighty hours while the individual is physically located in New York City, regardless of where the employer is located.
§ 7-204 Minimum Increments and Fixed Intervals for the Use of Safe Time and Sick Time.
(a) Unless otherwise in conflict with State or Federal law or regulations, an employee may decide how much earned safe time or sick time to use, provided however, that an employer may set a minimum increment for the use of safe time and sick time, not to exceed four hours per day, provided such minimum increment is reasonable under the circumstances.
(i) Example: An employee has worked eighty hours and more than one hundred twenty calendar days have passed since the employee’s first day of work for the employer. The employer has set a minimum increment of four hours per day for use of safe time and sick time. The employee has not yet accrued four hours of time, but is entitled to use the time he or she has already accrued. Under these circumstances, it would not be “reasonable under the circumstances” for the employer to require the employee to use a minimum of four hours of safe time or sick time as the minimum increment.
(ii) Example: An employee is scheduled to work from 8:00 A.M. to 4:00 P.M. Mondays. She schedules a doctor’s appointment for 9:00 A.M. on a Monday and notifies her employer of her intent to use sick time and return to work the same day. The employer’s written sick time policies require a four hour minimum increment of sick time used per day. If she does not go to work before her appointment, she should appear for work by 12:00 P.M.
Example: The employee in Example (ii) of subdivision (a) of this section arrives to work at 12:17 P.M. Under her employer’s written sick time policies, employees must use sick time in half-hour intervals that start on the hour or half-hour. The employer can require the employee to use four-and-a-half hours of her accrued sick time and require her to begin work at 12:30 P.M. Similarly, if the employee wanted to leave work at 8:40 A.M. to go to her 9:00 A.M. doctor’s appointment, the employer could require the employee to stop work at 8:30 A.M.
§ 7-205 Employee Notification of Use of Safe Time or Sick Time.
(a) An employer may require an employee to provide reasonable notice of the need to use safe time or sick time.
§ 7-206 Documentation from Licensed Health Care Provider.
(a) When an employee’s use of sick time results in an absence of more than three consecutive work days, an employer may require reasonable written documentation that the use of sick time was for a purpose authorized under Section 20-914(a) of the Administrative Code. Written documentation signed by a licensed health care provider indicating the need for the amount of sick time taken shall be considered reasonable documentation. “Work days” as used in this subdivision and in Section 20-914(a)(2) of the Administrative Code means the days or parts of days the employee would have worked had the employee not used sick time.
§ 7-207 Domestic Workers.
(a) Domestic workers who have worked for the same employer for at least one year and who work more than 80 hours in a calendar year will be entitled to two days of paid safe/sick time per year, as provided in this section.
§ 7-208 Rate of Pay for Safe Time and Sick Time.
(a) Except as provided in subdivision (b) of this section, when using paid safe/sick time, an employee shall be compensated at the same hourly rate that the employee would have earned at the time the paid safe/sick time is taken.
§ 7-209 Payment of Safe/Sick Time.
(a) Safe time and sick time must be paid no later than the payday for the next regular payroll period beginning after the safe time or sick time was used by the employee.
§ 7-210 Employer’s Sale of Business.
(a) If an employer sells its business or the business is otherwise acquired by another business, an employee will retain and may use all accrued safe time and sick time if the employee continues to perform work within the City of New York for the successor employer.
§ 7-211 Employer’s Written Safe Time and Sick Time Policies.
(a) Every employer shall maintain written safe time and sick time policies in a single writing and follow such written safe time and sick time policies except as allowed in subdivision (d) of this section.
(1) The employer’s method of calculating safe time and sick time as follows:
(i) If an employer provides employees with an amount of safe time and sick time that meets or exceeds the requirements of the Earned Safe and Sick Time Act on or before the employee’s 120th day of employment and on the first day of each new calendar year, which for the purposes of this section is defined as “frontloaded safe time and sick time,” then the employer’s written safe time and sick time policy must specify the amount of frontloaded safe time and sick time to be provided;
(ii) If the employer does not apply frontloaded safe time and sick time, then the employer’s written safe time and sick time policy must specify when accrual of safe time and sick time starts, the rate at which an employee accrues safe time and sick time and the maximum number of hours an employee may accrue in a calendar year;
(2) The employer’s policies regarding the use of safe time and sick time, including any limitations or conditions the employer places on the use of safe time and sick time, such as:
(i) Any requirement that an employee provide notice of a need to use safe time and sick time and the procedures for doing so in accordance with 6 RCNY § 7-205;
(ii) Any requirement for written documentation or verification of the use of safe time and sick time in accordance with Sections 20-914(a)(2), 20-914(b)(2), or 20-914(d) of the Administrative Code, and the employer’s policy regarding any consequences of an employee’s failure or delay in providing such documentation or verification;
(iii) Any reasonable minimum increment or fixed period for the use of accrued safe time and sick time;
(iv) Any policy on discipline for employee misuse of safe time and sick time under 6 RCNC § 7-215; and
(v) A description of the confidentiality requirements of Section 20-921 of the Administrative Code.
(3) The employer’s policy regarding carry-over of unused safe time and sick time at the end of an employer’s calendar year in accordance with Section 20-913(h) of the Administrative Code; and,
(4) If an employer uses a term other than “safe/sick time” or “safe and sick time” to describe leave provided by the employer to meet the requirements of the Earned Safe and Sick Time Act, the employer’s policy must state that such leave may be used by an employee for any of the purposes set forth in the Earned Safe and Sick Time Act without any condition prohibited by the Earned Safe and Sick Time Act. Terms used to describe such leave may include, but are not necessarily limited to, “paid time off” (“PTO”), vacation time, personal days, or days of rest.
§ 7-212 Employer Records.
(a) Employers must retain records demonstrating compliance with the requirements of the Earned Safe and Sick Time Act, including records of any policies required, pursuant to this Chapter, for a period of three years unless otherwise required by any other law, rule or regulation.
(1) The employee’s name, address, phone number, date(s) of start of employment, date(s) of end of employment (if any), rate of pay, and whether the employee is exempt from the overtime requirements of New York State labor laws and regulations;
(2) The hours worked each week by the employee, unless the employee is exempt from the overtime requirements of New York State labor laws and regulations and has a regular work week of forty hours or more;
(3) The date and time of each instance of safe time or sick time used by the employee and the amount paid for each instance;
(4) Any change in the material terms of employment specific to the employee; and
(5) The date that the Notice of Rights as set forth in Section 20-919 of the Administrative Code was provided to the employee and proof that the Notice of Rights was received by the employee.
(1) the employer will destroy or falsify records;
(2) the employer is closing, selling or transferring its business, disposing of assets or is about to declare bankruptcy;
(3) the employer is the subject of a government investigation or enforcement action or proceeding related to wages and hours, unemployment insurance, workers’ compensation, discrimination, or an OLPS law or rule; or
(4) more immediate access to records is necessary to prevent retaliation against employees.
§ 7-213 Enforcement and Penalties.
(a) A finding that an employer has an official or unofficial policy or practice of not providing or refusing to allow the use of safe time or sick time as required under the Earned Safe and Sick Time Act constitutes a violation of Section 20-913 of the Administrative Code for each and every employee affected by the policy and will be subject to penalties as provided in Section 20-924(e) of the Code.
§ 7-214 Accrual, Hours Worked and Carry Over.
(a) If an employee is scheduled and available to work for an on-call shift and is compensated for the scheduled time regardless of whether the employee works, the scheduled time constitutes hours worked for the purposes of accrual under the Earned Safe and Sick Time Act.
Example: An employee accrues 40 hours of safe time and sick time in calendar year one and uses 20 hours of safe time and sick time in calendar year one. She carries over 20 hours from calendar year one to calendar year two, accrues 40 hours in calendar year two, and does not use any hours in calendar year two. Her safe time and sick leave balance at the end of calendar year two is 60 hours (20 hours from calendar year two plus 40 hours from calendar year two). She may carry over 40 of those 60 hours into calendar year three and accrue another 40 hours in calendar year three.
§ 7-215 Employee Abuse of Safe Time and Sick Time.
An employer may take disciplinary action, up to and including termination, against an employee who uses safe time or sick time provided under the Earned Safe and Sick Time Act for purposes other than those described in Sections 20-914(a) and Section 20-914(b) of the Administrative Code. Indications of abuse of safe time and sick time may include, but are not limited to a pattern of: (1) use of unscheduled safe time and sick time on or adjacent to weekends, regularly scheduled days off, holidays, vacation or pay day, (2) taking scheduled safe time and sick time on days when other leave has been denied, and (3) taking safe time and sick time on days when the employee is scheduled to work a shift or perform duties perceived as undesirable.
Subchapter C: Transportation Benefits
§ 7-301 Definitions.
As used in this chapter and, where applicable, in the Transportation Benefits Law, the following terms have the following meanings:
“Chain business” means a group of establishments that share a common owner or principal who owns a majority of each establishment where such establishments (i) engage in the same business or (ii) operate pursuant to franchise agreements with the same franchisor as defined in general business law section 681.
“Commuter highway vehicle” means a “commuter highway vehicle” as such term is defined in Section 132(f)(5)(B) of the Internal Revenue Code.
“Cure period” means the ninety-day period immediately following a finding of a first violation.
“Department” means the Department of Consumer Affairs of the City of New York.
“Employee” means an “employee,” “manual worker,” “railroad worker,” “commission salesman,” or “clerical or other worker” as such terms are defined in § 190 of the New York State Labor Law. “Employee” does not include partners, sole proprietors, independent contractors, or two-percent shareholders of S-corporations.
“Employer” means an “employer” as such term is defined in § 190 of the New York State Labor Law and that employs twenty or more full-time employees in New York City. The common owner or principal of a chain business shall be considered the employer of the full-time employees of such chain business.
“First violation” means the first finding by the administrative tribunal that a particular employer has violated the Transportation Benefits Law since July 1, 2016.
“Full-time employee” means an employee who has worked an average of 30 hours or more per week in the most recent four weeks as of any date of counting, any portion of which was in New York City, for a single employer.
“Earnings” shall have the same meaning as the term “gross income” as used in § 132 of the Internal Revenue Code.
“Month” means an employer’s regularly established fiscal month.
“Recidivist violation” means any new finding by the administrative tribunal that a particular employer has violated the Transportation Benefits Law, after the first finding by the administrative tribunal that the employer had violated the Transportation Benefits Law since July 1, 2016.
“Subsequent violation” means each continuous thirty-day period after the expiration of the cure period, or after the finding of a recidivist violation by the administrative tribunal, in which the employer has not demonstrated to the department’s satisfaction that it is complying with the Transportation Benefits Law.
“Temporary help firm” means an employer that recruits, hires and supplies employees to perform work or services for another organization to: (i) support or supplement the other organization’s workforce; (ii) provide assistance in special work situations including, but not limited to, employee absences, skill shortages or seasonal workloads; or (iii) perform special assignments or projects.
“Transportation Benefits Law” means Chapter 9 of Title 20 of the Administrative Code of the City of New York.
“Transportation fringe benefits” means qualified transportation fringe benefits, other than qualified parking, that may be purchased using pre-tax earnings in accordance with § 132 of the Internal Revenue Code.
“Week” means an employer’s regularly established payroll week.
§ 7-302 Determination of Size of Employer.
(a) An employer's number of full-time employees is determined by calculating the average number of full-time employees for the most recent consecutive three- month period, provided that for an employer that has operated for less than three months, the number of full-time employees is determined by calculating the average number of full-time employees per week for the period of time in which the employer has been in operation.
§ 7-303 Temporary Help Firms.
(a) Where a temporary help firm supplies a full-time employee to another organization, the temporary help firm shall be the employer of the full-time employee for purposes of the Transportation Benefits Law and must comply with its provisions, regardless of the size of the other organization.
§ 7-304 Employee Eligibility.
(a) An employer must offer its full-time employees the opportunity to use pre-tax earnings to purchase transportation fringe benefits by January 1, 2016, or four weeks after such employee's commencement of employment as a full-time employee of the employer, whichever is later.
§ 7-305 Maximum Deductions.
Employers must offer full-time employees the opportunity to use the maximum amount of pre-tax earnings permitted under federal law for the purchase of transportation fringe benefits.
§ 7-306 Recordkeeping Requirements.
Employers must retain records for two years sufficient to demonstrate (i) that each full-time employee eligible for transportation fringe benefits pursuant to the Transportation Benefits Law and this chapter was offered the opportunity to use pre-tax earnings to purchase transportation fringe benefits in accordance with this chapter; or (ii) records sufficient to demonstrate that the employer provides, at the employer’s expense, a transit pass or similar form of payment for transportation on public or privately-owned mass transit or in a commuter highway vehicle at the maximum federal transportation fringe benefit amount that may be excluded from pre-tax earnings. Employers may use the form provided by the department and available on the department’s website to document compliance.
§ 7-307 Employer-Funded Transportation Benefits.
(a) As an alternative to offering the opportunity to use pre-tax earnings to purchase transportation fringe benefits, an employer may provide at the employer's expense a transit pass or similar form of payment for transportation on public or privately-owned mass transit or in a commuter highway vehicle.
§ 7-308 Financial Hardship Exemption.
(a) The department may waive the requirements of the Transportation Benefits Law for an employer if such employer demonstrates to the department's satisfaction that offering the opportunity to use pre-tax earnings to purchase transportation fringe benefits would be a financial hardship for such employer.
§ 7-309 Enforcement and Penalties.
(a) The department may issue a notice of violation pursuant to section 20-926(b) of the Administrative Code.
Subchapter D: Displaced Grocery Workers
§ 7-401 Definitions.
(a) As used in this chapter, the following terms have the same meanings as set forth in section 22-507 of the Administrative Code: "change in control," "city," "department," "eligible grocery employee," "grocery establishment," "incumbent grocery employer," "person," "successor grocery employer," and "transitional employment period."
“Continuous employment” means uninterrupted employment. Separations from employment six months or less in duration for any reason, including, but not limited to, transfer from a grocery establishment that is subject to a change in control to a grocery establishment with the same incumbent grocery employer, paid or unpaid leaves of absence, paid or unpaid time off, and work schedule changes, shall not constitute interruptions in employment.
“Grocery employer” means incumbent grocery employers and successor grocery employers.
“Grocery Worker Retention Act” means section 22-507 of the Administrative Code.
§ 7-402 Eligible Grocery Employees.
(a) For purposes of the definition of "eligible grocery employee" in section 22-507(a) of the Administrative Code, "a period" means "a period of continuous employment."
§ 7-403 Determining Seniority.
For purposes of section 22-507(b)(3) of the Administrative Code, an employee attains seniority as a result of that employee’s length of continuous employment in the grocery establishment subject to a change in control, regardless of job position and regardless of full-time or part-time status, or, in the case of an employee transferred to a grocery establishment subject to a change in control, that employee’s total length of continuous employment in any of the incumbent grocery employer’s grocery establishments.
§ 7-404 Recordkeeping.
(a) Grocery employers must retain records demonstrating compliance with the requirements of the Grocery Worker Retention Act for a period of three years unless otherwise required by any other law, rule, or regulation.
(1) The list of eligible grocery employees required under section 22-507(b)(1)(A) of the Administrative Code, the date the list was provided to the successor grocery employer, and written proof that the list was provided to the successor grocery employer; and
(2) The notice of change in control required under section 22-507(b)(1)(B) of the Administrative Code, the date it was posted, and proof of posting.
(1) The list of eligible grocery employees received by the successor grocery employer pursuant to section 22-507(b)(1)(A) of the Administrative Code and the date it was received, and the names of those eligible employees retained for the transitional employment period pursuant to section 22-507(b)(2) of the Administrative Code;
(2) The preferential hiring list required under section 22-507(b)(3) of the Administrative Code, the date eligible employees on the preferential hiring list were given the right of first refusal to jobs that become available during the transitional employment period, and proof that the right of first refusal was given; and
(3) The written performance evaluations as required under section 22-507(b)(5) of the Administrative Code.
§ 7-405 Enforcement.
(a) If the grocery employer fails to timely respond to, written request for information or records from the department, a grocery employer must provide the department with access to records and at a mutually agreeable time of day at the employer's place of business.
Subchapter E: Freelance Workers
§ 7-501 Definitions.
(a) As used in this chapter, the terms “director,” “freelance worker,” and “hiring party” shall have the same meanings as set forth in Section 20-927 of the Administrative Code.
§ 7-502 Coverage.
A freelance worker is entitled to the protections of the Freelance Isn’t Free Act regardless of immigration status.
§ 7-503 Contract Value.
(a) For purposes of Section 20-928(a) of the Administrative Code, the value of a contract between a freelance worker and hiring party, either by itself or when aggregated with all other agreements for services between the same hiring party and freelance worker during the 120 days immediately preceding the agreement that constitutes the contract, shall include the reasonable value of all actual or anticipated services, costs for supplies, and any other expenses under the contract.
§ 7-504 Retaliation.
(a) Retaliation shall include but is not limited to any adverse action relating to perceived immigration status or work authorization.
§ 7-505 Waivers of Rights.
(a) Any contract entered into by a hiring party and freelance worker shall not include any prospective waiver or limitation of rights under the Freelance Isn’t Free Act. Any such waiver or limitation shall be invalid as a matter of law.
Subchapter F: Fair Workweek
§ 7-601 Definitions
(a) As used in Title 20, Chapter 12 of the New York City Administrative Code and this subchapter, the following terms have the following meanings, except as otherwise provided:
“Actual hours worked” means the number, dates, times and locations of hours worked by an employee for an employer, whether or not such hours differ from the work schedule provided in advance.
“Additional shift” is a shift not previously scheduled that would be offered to a new fast food employee but for the requirements of Section 20-1241 of the Fair Workweek Law.
“Clopening” means two shifts with fewer than 11 hours between the end of the first shift and the beginning of the second shift when the first shift ends the previous calendar day or spans two calendar days.
“Current fast food employee” as that term is used in Section 20-1241 of the Fair Workweek Law and these rules means a fast food employee who has worked at least eight hours in the preceding 30 days or is otherwise currently on the fast food employer’s payroll.
“Dates” as that term is used in subdivision (a) of Section 20-1221 of the Fair Workweek Law means days of the week.
“Directly notify” as that term is used in subdivision (b) of Section 20-1252 of the Fair Workweek Law means to deliver to an individual employee.
“Engaged primarily in the sale of consumer goods” as that term is used in the definition of “retail employer” in Section 20-1201 of the Fair Workweek Law means greater than fifty percent of sale transactions in a calendar year at one or more locations in the City are to retail consumers.
“Fair Workweek Law” means Chapter 12 of Title 20 of the Administrative Code of the City of New York.
“Good faith estimate” means the number of hours a fast food employee can expect to work per week for the duration of the employee’s employment and the expected days, times, and locations of those hours.
“New fast food employee” means an employee who has not worked at least eight hours in the preceding 30 days for the fast food employer.
“Overtime pay” means payment (i) at a rate not less than one and one-half times the fast food employee’s regular rate of pay under subsection (a) of Section 207 of Title 29 of the United States Code; or (ii) at a rate governed by the overtime requirements of the labor law or the overtime requirements of any minimum wage order promulgated by the New York commissioner of labor, pursuant to labor law article 19 or 19-A.
“Premium pay” means a schedule change premium required, pursuant to Section 20-1222 of the Fair Workweek Law or the payment a fast food employer is required to pay to a fast food employee who works a “clopening”, pursuant to Section 20-1231 of the Fair Workweek Law.
“Retail consumer” means an individual who buys or leases consumer goods and that individual’s co-obligor or surety. Retail consumer shall not include manufacturers, wholesalers, or others who purchase or lease consumer goods for resale as new to others.
“Salaried” means not covered by the overtime requirements of New York state law or regulations.
“Shift” means an on-call shift or a regular shift.
“Shift increment” means a portion of a shift.
“Subset of shifts” means one or more shifts or shift increments.
“Time” as that term is used in Section 20-1221(a) of the Fair Workweek Law regarding good faith estimate means start and end times of shifts.
*Editor’s note: The original rule cited Section 12-1201 of the Fair Workweek Law; cite corrected at the discretion of the editor.
§ 7-602 Notice of rights
The notice of rights required to be posted, pursuant to Section 20-1205 of the Fair Workweek Law shall be printed on and scaled to fill an 11x17 inch sheet of paper.
§ 7-603 Good faith estimate
(a) If a fast food employer makes a long-term or indefinite change to the good faith estimate that has been provided to a fast food employee, the fast food employer shall provide an updated good faith estimate to the fast food employee as soon as possible and before the fast food employee receives the first work schedule following the change.
i. Three work weeks out of six consecutive work weeks in which the number of actual hours worked differs by twenty percent from the good faith estimate during each of the three weeks;
ii. Three work weeks out of six consecutive work weeks in which the days differ from the good faith estimate at least once per week;
iii. Three work weeks out of six consecutive work weeks in which the start and end times of at least one shift per week differs from the good faith estimate by at least one hour and the total number of hours changed for the six week period is at least six hours; or
iv. Three work weeks out of six consecutive work weeks in which the locations differ from the good faith estimate at least once per week.
§ 7-604 Work schedules
(a) On or before a fast food employee’s first day of work, a fast food employer must provide such fast food employee with written notice of an initial work schedule containing all regular shifts and all on-call shifts the fast food employee will work until the start of the first shift of the next subsequent work schedule. The fast food employer must also issue an updated work schedule as required in paragraph (2) of subdivision (c) of Section 20-1221* of the Fair Workweek Law.
*Editor’s note: The original rule cited Section 1221 of the Fair Workweek Law; cite corrected at the discretion of the editor.
§ 7-605 Posted notice of schedules
A fast food or retail employer may not post or otherwise disclose to other fast food or retail employees the work schedule of a fast food or retail employee who has been granted an accommodation based on the employee’s status as a survivor of domestic violence, stalking, or sexual assault, where such disclosure would conflict with such accommodation.
§ 7-606 Employee consent and minimal changes to shifts
(a) Where a fast food employee’s written consent is required to work additional hours, pursuant to subdivision (d) of Section 20-1221 of the Fair Workweek Law or where a retail employee’s written consent is required to work an additional shift with less than 72 hours’ notice, pursuant to paragraph (3) of subdivision (d) of Section 20-1251 of the Fair Workweek Law, such written consent must be provided in reference to a specific schedule change; general or ongoing consent is insufficient to meet such requirements.
Example: A fast food employer provides a fast food employee with a schedule that includes a shift on Tuesday from 12:00 P.M. to 5:00 P.M. At approximately 5:00 P.M. on Tuesday, the fast food employer asks the fast food employee to work a few minutes more to assist with a large tour group that just came to the fast food establishment. She agrees in writing and finishes the work at 5:12 P.M. The fast food employer need not pay her the schedule change premium.
§ 7-607 Notice and offer of additional shifts
(a) A fast food employer must notify a fast food employee in writing of the method by which additional shifts will be posted in accordance with Section 20-1241 of the Fair Workweek Law upon commencement of a fast food employee’s employment with the fast food employer and within 24 hours of any change to or adoption of a method.
Example: On Wednesday at 9:00 A.M., a fast food employer receives a call from a fast food employee who tells her that she is quitting and she will not report for her regularly scheduled shift on Friday at 9:00 A.M. The fast food employer knew of the need to fill the shift 48 hours (or two days) in advance. The fast food employer may offer another existing fast food employee the shift on the first Friday, but must post the available shift with three days’ notice to its employees and assign subsequent Friday 9:00 A.M. shifts to its existing fast food employees in accordance with its criteria in accordance with Section 20-1241 of the Fair Workweek Law and this subchapter before hiring a new employee.
§ 7-608 Accepting and awarding additional shifts
(a) A fast food employee may accept a subset of additional shifts offered by a fast food employer, pursuant to Section 20-1241 of the Fair Workweek Law.
Example: A fast food employer notified employees of an additional shift on Saturdays from 1:00 P.M. to 9:00 P.M., an eight-hour shift. A fast food employee informs the employer that she can work from 3:00 P.M. to 9:00 P.M., a six-hour shift increment. Two hours remain in the additional shift and no other employee accepted the remaining two hours. Therefore, the employer need not award the six-hour increment to the employee.
Example: A fast food employee’s work schedule includes a shift on Mondays from 7 am to 3 pm. The fast food employer notifies employees of an additional shift on Mondays from 9:00 A.M. to 5:00 P.M., a shift that overlaps with the fast food employee’s existing shift. The fast food employee accepts the shift because it will allow the employee to drop the employee’s child off at school in the morning without reducing the employee’s overall hours. The fast food employer must award the additional shift to the fast food employee before hiring a new fast food employee for the additional shift, provided the fast food employee otherwise meets the employer’s criteria for distribution of the shift.
Example: A fast food employer offers a shift on Wednesday from 12:00 A.M. to 6:00 A.M. to its employees. A fast food employee who is scheduled to work 37 hours during the week accepts the additional shift. The employer must award at least three hours to the fast food employee but is not required to award the entire six-hour shift to the employee because working more than forty hours would result in the employee becoming eligible for overtime pay.
§ 7-609 Employer records
(a) Fast food and retail employers must maintain and retain, in an electronically accessible format, contemporaneous, true, and accurate records documenting compliance with the requirements of the Fair Workweek Law for a period of three years.
1. Such records shall include documents that show:
i. Actual hours worked by each employee each week;
ii. An employee’s written consent to any schedule changes, where required; and
iii. Each written schedule provided to an employee.
2. Additionally, fast food employers must also maintain records in accordance with this subdivision that include documents that show:
i. Good faith estimates provided to employees, pursuant to Section 20-1221(a) of the Fair Workweek Law; and
ii. Premium pay to individual fast food employees and the dates and amounts of the payments, whether noted on an employee’s wage stub or other form of written documentation.
§ 7-610 Private right of action
(a) A person who filed a complaint with the office, pursuant to the Fair Workweek Law and who intends to withdraw the complaint to pursue a civil action shall withdraw the complaint in writing to the office prior to commencing a civil action that includes claims based on the Fair Workweek Law in accordance with paragraph (2) of subdivision (d) of Section 20-1211 of the Fair Workweek Law.
§ 7-611 Waiver of rights
Any agreement by an employee with the intent to prospectively waive or limit the employee’s rights, pursuant to the Fair Workweek Law shall be invalid as a matter of law.
Subchapter G: Pay Deductions
§ 7-701 Definitions
(a) As used in Title 20, Chapter 13 of the New York City Administrative Code and this subchapter, the following terms have the following meanings:
“Contact” means “contact person” as defined by this subchapter.
“Signature” means an original, handwritten signature or an electronic signature.
“Contact person” means the not-for-profit employee or agent responsible for processing authorizations and requests to revoke authorizations.
“Electronic signature” means a computer data compilation of any symbol or series of symbols executed, adopted, or authorized by a natural person attached to or logically associated with an electronic record and executed or adopted by a natural person with the intent to sign the record. An electronic signature is considered to be “attached to or logically associated with an electronic record” if the electronic signature is linked to the record during transmission and storage.
“Pay Deductions Law” means Title 20, Chapter 13 of the New York City Administrative Code.
“Valid authorization” means a written authorization from a fast food employee to deduct wages from the fast food employee’s paycheck for remittance to a not-for-profit that complies with Section 20-1302 of the New York City Administrative Code and 6 RCNY §§ 7-702 and 7-703.
§ 7-702 Valid authorization
(a) A valid authorization must contain the following: (i) the relevant fast food employee’s signature and date that the authorization was signed by the fast food employee; (ii) the fast food employee’s name and physical address; (iii) the amount, frequency, and start date of the contribution; (iv) the name, physical address, email address, web address, if any, and phone number of the not-for-profit; (v) the contact person’s title, telephone number, and email address; and (vi) a statement notifying the fast food employee that contributions are voluntary and that the authorization to deduct wages is revocable at any time by submitting a written revocation to the not-for-profit or contact person.
§ 7-703 Electronic authorization to deduct and remit wages
(a) The use of an electronic signature shall have the same validity and effect as the use of a handwritten signature. Each electronic signature shall be unique to one individual.
§ 7-704 Authorization to deduct and remit wages
(a) A fast food employer must begin to deduct wages from a fast food employee’s pay check no later than the first pay period after 15 days following receipt of the valid authorization, and remit the deductions to the not-for-profit no later than 15 days after the deduction is made, provided that the not-for-profit has registered with the office and either the fast food employee or not-for-profit has provided a registration letter from the office to the fast food employer.
§ 7-705 Required disclosures by not-for-profits to fast food employees
(a) The not-for-profit must provide a fast food employee with disclosures required by Section 20-1304(a) of the Pay Deductions Law no later than the time at which the fast food employee authorizes remittance of deductions to the not-for-profit.
i. The text on the webpage must be a sans serif font and in a minimum size of 12 point font; and
ii. The URL for the webpage containing the required disclosures must be no more than 50 characters in length.
i. A disclosure is “materially false” when it is both untrue and would have made a reasonable person more likely to contribute funds to the not-for-profit.
ii. A disclosure is “misleading” when it is formatted, organized, arranged, or worded in such a way as to neutralize, conceal, or omit information that, if known by the fast food employee, would make a reasonable person less likely to contribute funds to the not-for-profit.
iii. Disclosure of materially false or misleading information is “intentional” when the not-for-profit was aware that the information was materially false or misleading at the time of disclosure.
iv. A not-for-profit must cure a materially false or misleading disclosure for each fast food employee who received the false or misleading disclosure within 30 days of being found in violation of this section or Section 20-1307(d) of the Pay Deductions Law by the office of administrative trials and hearings.
§ 7-706 Not-for-profit registration
(a) A not-for-profit must register with the office by providing the information required under Section 20-1303(a) of the Pay Deductions Law to the office by email or by personally delivering or mailing one or more CD-Rs or DVD-Rs to the office.
i. A copy of an Internal Revenue Service affirmation or determination letter confirming the not-for-profit’s tax-exempt status issued to the not-for-profit within the 120 days preceding the letter’s submission to the office;
ii. A letter from a state taxing body or a state attorney general certifying that the organization is a not-for-profit organization operating within the State and no part of its net earnings may lawfully benefit any private shareholder or individual, which is issued to the not-for-profit within the 120 days preceding the letter’s submission to the office for purposes of registration;
iii. A certified copy of the not-for-profit’s certificate of incorporation or similar document if such document explicitly identifies the organization as an active not-for-profit, and such document was issued within the 120 days preceding its submission to the office for purposes of registration; or
iv. Proof that the not-for-profit was listed in the Internal Revenue Service’s online database of organizations eligible to receive tax-deductible charitable contributions within the 120 days preceding submission to the office for purposes of registration.
i. Valid authorizations containing the URL of the webpage containing the required disclosures and screenshot(s) depicting each version of the webpage associated with the URL that is written on the authorization during the range of signature dates of the valid authorizations; or
ii. A written acknowledgement of receipt of the required disclosures signed and dated by each fast food employee who signed the authorizations not covered by item (i) of this clause, submitted, pursuant to Section 20-1303(a)(3) of the Pay Deductions Law along with a copy of the writing containing the required disclosures or screenshot(s) depicting each version of the webpage provided to the fast food employees containing the required disclosures over the period covering the dates on the written acknowledgement of receipt.
§ 7-707 Method of and costs associated with remitting deductions
(a) A not-for-profit must notify a fast food employer in writing of the method by which deductions authorized by fast food employees shall be remitted to the not-for-profit. Such method and its associated costs must be reasonable and consistent with standard deductions remittance practices for fast food employers, and, where possible, should be compatible with the fast food employer’s existing processes for remitting deductions. Subject to subdivision (b), the maximum amount per transaction per fast food employee that a fast food employer may charge a not-for-profit is $0.30. “Transaction” for purposes of this subsection means the act of both deducting and remitting wages.
1. Name of the fast food employer;
2. For each fast food employee for whom the fast food employer is remitting:
(i) name
(ii) fast food establishment address
(iii) home address
(iv) phone number
(v) an unique identifier that is distinct from the employee’s social security number or other personally identifiable information, and that is generated by the fast food employer, such as an employee identification number, if any
(vi) email address, if any
(vii) amount of deduction and
(viii) date and payroll period of deduction;
3. Name of any fast food employee who separated from employment with the fast food employer in the preceding payroll period who had authorized deductions, pursuant to this subchapter.
§ 7-708 Revocations
(a) A fast food employee’s revocation by mail, facsimile, email, or web submission to the not-for-profit or contact person will constitute a revocation in writing.
§ 7-709 Petition to re-examine or revoke a not-for-profit’s registration
(a) The term “interested party” as used in Section 20-1307(e) of the Pay Deductions Law shall include: any current or former fast food employee, any authorized representative of a current or former fast food employee, any fast food employer required to make deductions, pursuant to the Pay Deductions Law, any not-for-profit, any labor organization or employee organization as those terms are defined in Section 20-1310(b) of the Pay Deductions Law, and the New York State Attorney General.
§ 7-710 Retaliation
For purposes of Section 20-1306 of the Pay Deductions Law, the phrases “any right protected under this chapter” and “activities protected by this chapter” include, but are not limited to, the right to: sign an authorization, submit an authorization, revoke an authorization, file a complaint with the office, file and maintain a civil action based on the Pay Deductions Law, and communicate with any person regarding the above activities.
§ 7-711 Enforcement and penalties
(a) A fast food employee or a not-for-profit may file a complaint with the office alleging violations of the Pay Deductions Law by a fast food employer.
§ 7-712 Civil actions
(a) A fast food employee or not-for-profit who has filed a complaint with the office, pursuant to the Pay Deductions Law must withdraw the complaint in writing to the office prior to commencing a civil action that includes claims based on the Pay Deductions Law.
§ 7-713 Pattern of violations
The phrase “pattern of such violations” in Section 20-1309 of the Pay Deductions Law shall include a failure to deduct or remit deductions for a particular fast food employee or group of fast food employees, or a failure to honor the revocation(s) of a particular fast food employee or group of fast food employees more than twice in a six month period.
§ 7-714 Recordkeeping
(a) Fast food employers must retain for at least two years copies of fast food employees’ wage statements issued, pursuant to state law requiring the notation of deductions.
§ 7-715 Waiver of Rights
Any agreement by a fast food employee with the intent to prospectively waive or limit the fast food employee’s rights, pursuant to the Pay Deductions Law shall be invalid as a matter of law.
Subchapter A: General
§ 9-01 Definitions.
(a) For purposes of this chapter, the following terms mean:
Building Service Contractor. The term “Building Service Contractor” means any partnership, association, joint venture, limited liability company, corporation or any other form of doing business providing Building Service Work for a Covered Lessor or Covered Developer.
Building Service Employee. The term “Building Service Employee” has the same meaning as set forth in the Prevailing Wage Law.
Building Service Work. The term “Building Service Work” has the same meaning as set forth in the Prevailing Wage Law.
Case. The term “Case” means an enforcement proceeding commenced by the Department before OATH based upon an alleged violation of the Prevailing Wage Law.
City. The term “City” means the City of New York or any City Economic Development Entity.
City Economic Development Entity. The term “City Economic Development Entity” has the same meaning as set forth in the Prevailing Wage Law.
City Development Project. The term “City Development Project” has the same meaning as set forth in the Prevailing Wage Law.
Commissioner. The term “Commissioner” means the Commissioner of the Department or his or her designee.
Comptroller. The term “Comptroller” means the Office of the Comptroller of the City of New York.
Covered Employer. The term “Covered Employer” means any Covered Lessor or Covered Developer.
Covered Developer. The term “Covered Developer” has the same meaning as set forth in the Prevailing Wage Law.
Covered Lessor. The term “Covered Lessor” has the same meaning as set forth in the Prevailing Wage Law.
Department. The term “Department” means the New York City Department of Consumer Affairs.
Financial Assistance. The term “Financial Assistance” has the same meaning as set forth in the Prevailing Wage Law.
Lease. The term “Lease” has the same meaning as set forth in the Prevailing Wage Law.
Payroll Records. The term “Payroll Records” means all time cards, cancelled checks, cash receipts, books, documents, schedules, forms, reports, receipts or other evidence that reflect job assignments, work schedules by days and hours, and the disbursement of funds to an employee by cash, check, or in any other form or manner.
Person. The term “Person” means any individual, sole proprietorship, partnership, association, joint venture, limited liability company, corporation or any other form of doing business.
Prevailing Wage. The term “Prevailing Wage” has the same meaning as set forth in the Prevailing Wage Law.
Prevailing Wage Law. The term “Prevailing Wage Law” means Section 6-130 of Chapter 1 of Title 6 of the New York City Administrative Code, entitled “Prevailing Wage for Building Service Employees in City Leased or Financially Assisted Facilities.”
§ 9-02 Compliance by Building Service Contractors.
Every Covered Employer must require that all Building Service Contractors pay no less than the prevailing wage to all such Building Service Contractors’ employees performing Building Service Work at the premises to which a lease pertains or in connection with a City Development Project.
§ 9-03 Employee Notices.
(a) Within 15 days after the City provides copies of the adjusted employee notices required by the Prevailing Wage Law, Covered Employers must post the notices in a prominent and accessible location and deliver the notices to all Building Service Employees at each work location. Prominent and accessible locations for posting of the notice include areas frequented by employees such as break rooms, pantries and employee lounges. Covered Employers must promptly replace any posted notice that is damaged, defaced, illegible or removed for any reason.
§ 9-04 Records.
(a) Employee Notices. Covered Employers must maintain written records of their delivery of the employee notices required by the Prevailing Wage Law. Acceptable records include logs with signed employee acknowledgments, and/or email receipts reflecting delivery of the notices. Failure to maintain these records shall create a rebuttable presumption that the Covered Employer did not deliver the required notices to the Building Service Employees.
§ 9-05 Employee Addresses.
Covered Employers must provide the Department with the name and last known address of all employees subject to the Prevailing Wage Law within 15 days of a request by the Department.
Subchapter B: Construction
§ 9-10 Successors and Assignees.
The definition of the term “Covered Developer” set forth in section 8 of subdivision a of the Prevailing Wage Law shall be construed to include any successor in interest, whether through merger, pledge, transfer, assignment, operation of law or otherwise, of any Covered Developer.
§ 9-11 Building Service Work.
For purposes of the Prevailing Wage Law, “Building Service Work” shall be construed to include occupations relating to the collection of garbage or refuse, the transportation of office furniture and equipment, and the delivery of fossil fuel.
Subchapter C: Enforcement
§ 9-20 Cure Notice.
(a) Prior to commencing a Case, the Department shall deliver a written notice to the applicable Covered Employer informing the Covered Employer that the Department may commence a Case unless the Covered Employer demonstrates, to the reasonable satisfaction of the Department, within 30 days, that the Covered Employer has cured its violations of the Prevailing Wage Law. The notice shall indicate that the Covered Employer may contact the Department if it wishes to settle the alleged violation(s) of the Prevailing Wage Law, and note that any settlement is at the discretion of the Department.
§ 9-21 Petition.
(a) Charges in Petition. The Department shall commence Cases by service and filing of a Petition in accordance with 48 RCNY § 1-23. The Department shall concurrently serve a copy of the Petition on any employee complainants.
§ 9-22 Settlements.
(a) General. The Department may settle a complaint at any time after it is referred to the Department. The Department is authorized to determine the terms of settlement, taking into account (1) the facts of the complaint, (2) the interests of the City in ensuring compliance with the Prevailing Wage Law, (3) the interests of the complainant(s), (4) the Covered Employer's history of compliance with the Prevailing Wage Law, (5) the size of the Covered Employer, (6) the good faith of the Covered Employer, (7) the Covered Employer's compliance with record-keeping and notice requirements, and (8) any other factors relevant to achieving a fair and reasonable settlement. Prior to settling any complaint, the Department shall provide each complainant with notice of the proposed settlement.
§ 9-23 Order and Determination.
(a) Decision on the Record. Notwithstanding any provision to the contrary in 48 RCNY § 1-51.1, Administrative Law Judges shall issue a decision on the record in all Cases. Provided that no party has commenced a challenge to the decision pursuant to Article 78 of the Civil Practice Law and Rules of New York, and the time to commence such a challenge shall have expired, the decision shall constitute an "order" for purposes of this chapter and section 7 of subdivision d of the Prevailing Wage Law.
§ 9-24 Calculation of Back Wages.
If a Covered Employer has failed to maintain original Payroll Records as required by the Prevailing Wage Law, an Administrative Law Judge may determine the amount of the unpaid wages and benefits based on the Payroll Records and other evidence that are available, making reasonable inferences based upon the customary staffing practices of, and wages and benefits paid by, the Covered Employer.
§ 9-25 Private Right of Action.
The commencement or pendency of a civil action by one or more employees of a Covered Employer for violation the Prevailing Wage Law shall not preclude the Department from commencing, prosecuting or settling a Case against the Covered Employer based upon some or all of the same violations.
§ 9-26 Other Appropriate Relief.
For purposes of section 4 of subdivision d of the Prevailing Wage Law, “other appropriate relief” shall include an order to (i) reinstate an employee or offer the employee a position comparable to their former position, (ii) reverse any adverse employment action, including demotion, reassignment or reduction in hours, (iii) cease retaliatory practices and institute measures to prevent such conduct in the future, (iv) pay the wages and, if applicable, the monetary equivalent of the benefits that the employee subjected to retaliation or discrimination would have been granted or paid but for the adverse employment actions by the Covered Employer, or (v) pay additional amounts to the extent necessary to compensate employees for additional tax liability resulting from a lump sum payment of back wages in a single year.
Subchapter A: General
§ 11-01 Definitions.
(a) For purposes of this chapter, the following terms mean:
Additional Covered Employer. The term “Additional Covered Employer” has the same meaning as set forth in the Living Wage Executive Order.
Case. The term “Case” means an enforcement proceeding commenced by the Department before OATH based upon an alleged violation of the Living Wage Law and the Living Wage Executive Order.
City. The term “City” means the City of New York or any City Economic Development Entity.
City Economic Development Entity. The term “City Economic Development Entity” has the same meaning as set forth in the Living Wage Law.
Commissioner. The term “Commissioner” means the Commissioner of the Department or his or her designee.
Comptroller. The term “Comptroller” means the Office of the Comptroller of the City of New York.
Covered Employer. The term “Covered Employer” has the same meaning as set forth in the Living Wage Law.
Department. The term “Department” means the New York City Department of Consumer Affairs.
Employee. The term “Employee” means any person employed by a Covered Employer or an Additional Covered Employer. This definition includes persons performing work on a full-time, part-time, temporary or seasonal basis, and includes employees, independent contractors, and contingent or contracted workers, including persons made available to work through the services of a temporary services, staffing or employment agency or similar entity. Provided, however, that if the financial assistance is targeted to particular real property, then only persons employed at the real property to which the financial assistance pertains shall be deemed employees.
Financial Assistance. The term “Financial Assistance” has the same meaning as set forth in the Living Wage Law.
Living Wage. The term “Living Wage” has the same meaning as set forth in the Living Wage Law.
Living Wage Executive Order. The term “Living Wage Executive Order” means Executive Order No. 7 of 2014, dated September 30, 2014, entitled “Living Wage for City Economic Development Projects.”
Living Wage Law. The term “Living Wage Law” means Section 6-134 of Chapter 1 of Title 6 of the New York City Administrative Code, entitled “Living Wage for Employees in City Financially Assisted Facilities.”
Payroll Records. The term “Payroll Records” means all time cards, cancelled checks, cash receipts, books, documents, schedules, forms, reports, receipts or other evidence that reflect job assignments, work schedules by days and hours, and the disbursement of funds to an employee by cash, check, or in any other form or manner.
§ 11-02 Compliance by Covered Employers and Additional Covered Employers.
Every Covered Employer and Additional Covered Employer must pay their Employees no less than the Living Wage.
§ 11-03 Employee Notices.
(a) Covered Employers and Additional Covered Employers must post the notices required by the Living Wage Law in a prominent and accessible location and deliver the notices to all Employees at each work location. Prominent and accessible locations for posting of the notice include areas frequented by Employees such as break rooms, pantries and employee lounges. Covered Employers and Additional Covered Employers must promptly replace any posted notice that is damaged, defaced, illegible or removed for any reason.
§ 11-04 Records.
(a) Employee Notices. Covered Employers and Additional Covered Employers must maintain written records of their delivery of the employee notices required by the Living Wage Law. Acceptable records include logs with signed employee acknowledgments, and/or email receipts reflecting delivery of the notices. Failure to maintain these records creates a rebuttable presumption that the Covered Employer or Additional Covered Employer did not deliver the required notices to the Employees.
§ 11-05 Employee Addresses.
Covered Employers and Additional Covered Employers must provide the Department with the name and last known address of all Employees subject to the Living Wage Law within 15 days of a request by the Department.
Subchapter B: Construction
§ 11-10 Successors and Assignees.
The definition of the term “Financial Assistance Recipient” as set forth in the Living Wage Law and the definition of the term “Subsidy Recipient” as set forth in the Living Wage Executive Order shall be construed to include any successor in interest, whether through merger, pledge, transfer, assignment, operation of law or otherwise, of any Financial Assistance Recipient or Subsidy Recipient.
Subchapter C: Enforcement
§ 11-20 Cure Notice.
(a) Prior to commencing a Case, the Department shall deliver a written notice to the applicable Covered Employer or Additional Covered Employer informing the Covered Employer or Additional Covered Employer that the Department may commence a Case unless the Covered Employer or Additional Covered Employers demonstrates, to the reasonable satisfaction of the Department, within 30 days, that the Covered Employer or Additional Covered Employers has cured its violations of the Living Wage Law. The notice shall indicate that the Covered Employer or Additional Covered Employer may contact the Department to settle the alleged violation(s) of the Living Wage Law, and note that any settlement is at the discretion of the Department.
(1) payment of wages and/or the monetary equivalent of benefits wrongly denied to the Employee(s), including interest from the date of underpayment to the Employee(s), based on the interest rate then in effect as prescribed by the superintendent of banks pursuant to section 14-a of the state banking law, but in any event at a rate no less than six percent per year;
(2) payment of a further sum as a civil penalty to the City in an amount not exceeding two hundred percent of the total amount found to be due in violation of this section;
(3) the filing or disclosure of any records that were not filed or made available to the public as required by this section;
(4) the reinstatement of, or other appropriate relief for, any person found to have been subjected to retaliation or discrimination in violation of the Living Wage Law;
(5) payment of the sums withheld from the financial assistance recipient by the City pursuant to Section 6-134(g)(1) of the Living Wage Law at the commencement of the investigation and the interest that has accrued thereon to the Employee(s); or
(6) any other relief reasonably calculated to remedy the violation of the Living Wage Laws.
§ 11-21 Petition.
(a) Charges in Petition. The Department shall commence Cases by service and filing of a Petition in accordance with 48 RCNY § 1-23. The Department shall concurrently serve a copy of the Petition on any Employee complainants.
§ 11-22 Settlements.
(a) General. The Department may settle a complaint at any time after it is referred to the Department. The Department is authorized to determine the terms of settlement, taking into account:
(1) the facts of the complaint,
(2) the interests of the City in ensuring compliance with the Living Wage Law,
(3) the interests of the complainant(s),
(4) the Covered Employer or Additional Covered Employer’s history of compliance with the Living Wage Law,
(5) the size of the Covered Employer or Additional Covered Employer,
(6) the good faith of the Covered Employer or Additional Covered Employer,
(7) the Covered Employer or Additional Covered Employer’s compliance with record-keeping and notice requirements, and,
(8) any other factors relevant to achieving a fair and reasonable settlement.
Prior to settling any complaint, the Department shall provide each complainant with notice of the proposed settlement.
§ 11-23 Order and Determination.
(a) Decision on the Record. Notwithstanding any provision to the contrary in 48 RCNY § 1-51.1, Administrative Law Judges shall issue a decision on the record in all Cases. Provided that no party has commenced a challenge to the decision pursuant to Article 78 of the Civil Practice Law and Rules of New York, and the time to commence such a challenge shall have expired, the decision shall constitute an "order" for purposes of this chapter and section 5 of subdivision g of the Living Wage Law.
§ 11-24 Calculation of Back Wages.
If a Covered Employer or Additional Covered Employer has failed to maintain original Payroll Records as required by the Living Wage Law, an Administrative Law Judge may determine the amount of the unpaid wages and benefits based on the available Payroll Records and other available evidence, making reasonable inferences based upon the customary staffing practices of, and wages and benefits paid by, the Covered Employer or Additional Covered Employer.
§ 11-25 Private Right of Action.
The commencement or pendency of a civil action by one or more Employees of a Covered Employer or Additional Covered Employer for violation the Living Wage Law shall not preclude the Department from commencing, prosecuting or settling a Case against the Covered Employer or Additional Covered Employer based upon some or all of the same violations.
§ 11-26 Other Appropriate Relief.
For purposes of section 2 of subdivision g of the Living Wage Law, “other appropriate relief” may include an order to:
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