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a. Any person required to be licensed under chapter two or pursuant to provisions of state law enforced by the department to carry on a trade, occupation or business activity, who is not so licensed may not advertise the availability of goods and services related to the carrying on of such trade, occupation or business activity in any print publication or broadcast media having a circulation or audience within the city.
b. The commissioner after notice and hearing shall be authorized to impose civil penalties upon any person found to have violated subdivision a of this section. Such penalties shall be levied for each broadcast of such advertisement and shall be not less than fifty dollars nor more than two hundred fifty dollars for each violation. Such penalties for printed advertisements shall be determined based on the period of time the publication in which the advertisement appears remains current. The current period shall be determined as that time when a publication is initially offered for sale until the period when the next dated publication is offered for sale. In no case shall this period be less than twenty-four hours. If the current period is: daily, such penalty shall be not less than fifty dollars nor more than one hundred dollars per day; weekly, such penalty shall be not less than two hundred fifty dollars nor more than three hundred fifty dollars per week; greater than one week and not more than one month, such penalty shall be not less than three hundred fifty dollars nor more than five hundred dollars; greater than one month, such penalty shall be not less than five hundred dollars nor more than one thousand dollars. Such civil penalties may be recovered in a civil action before any court having jurisdiction of such actions.
c. The commissioner shall promulgate regulations requiring that any person required to be licensed under this title or pursuant to provisions of state law enforced by the department shall state in all print advertising with respect to such licensed activity the license number, and that the activity is licensed by the department.
Any person who is required to be licensed pursuant to chapter two of this title or pursuant to provisions of state law enforced by the department, and who is also required to make a notification pursuant to subdivision 2 or 3 of section 899-aa of the general business law, shall promptly submit a copy of such notification to the department. Such notice shall be made without delaying notice to any individual whose private information was, or is reasonably believed to have been, accessed, acquired, disclosed, or used by an unauthorized person.
(Repealed L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Added L.L. 2021/151, 12/11/2021, eff. 4/10/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/046 and L.L. 2021/080.
(Repealed L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/044 and L.L. 2021/080.
a. Except as otherwise provided in this section and this chapter, any person who violates any provision of this chapter or any rules promulgated pursuant to this chapter shall be subject to a civil penalty of: (i) one hundred seventy-five dollars for the first violation; (ii) three hundred dollars for the second violation committed; and (iii) five hundred dollars for the third and any subsequent violation committed.
b. Any person who violates section 1-21 of title 6 of the rules of the city of New York, or any successor to such provision, shall be subject to a civil penalty of five hundred dollars.
(L.L. 2015/069, 6/29/2015, eff. 6/29/2015; L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/069, L.L. 2021/080 and L.L. 2021/098.