§ 20-241.1 Penalties.

   a.   Except as otherwise provided in this subchapter, any person who violates any provision of this subchapter or any rules promulgated pursuant to this subchapter 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; and (iii) five hundred dollars for the third and any subsequent violation.

   b.   Notwithstanding any inconsistent provision of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of (i) restrictions imposed pursuant to section 20-231 relating to the display or offering for sale of merchandise from any public space adjacent to a newsstand or from any portion of a newsstand exterior, the affixation of materials to a newsstand or the location of sales made at a newsstand; (ii) paragraph 1 of subdivision h of section 20-231 or any rule or regulation promulgated thereunder; (iii) subdivision i of section 20-231 or any rule or regulation promulgated thereunder; (iv) subdivision b of section 20-233 of this subchapter or any rule or regulation promulgated thereunder, or (v) subdivision (a) of section 2-66 of title 6 of the rules of the city of New York, or any successor to such provision, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation for any violation described in clauses (i) through (v) of this subdivision. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.

   c.   Notwithstanding any inconsistent provision of this section, a civil penalty of zero dollars shall be imposed for a first violation of subdivision b of section 20-231 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first-time violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision b of section 20-231 of this subchapter or any rule or regulation promulgated thereunder shall be subject to a civil penalty of one hundred seventy-five dollars for a second violation and a civil penalty of three hundred dollars for a third or subsequent violation.

   d.   Notwithstanding any inconsistent provision of this section, a person who violates subdivisions (e) or (f) of section 2-70.2 of title 6 of the rules of the city of New York, or any successor to such provisions, shall be liable for a civil penalty of: (i) zero dollars for a first violation; (ii) not more than one hundred seventy-five dollars for a second violation; and (iii) not more than three hundred dollars for a third or subsequent violation.

(L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021; Renumbered L.L. 2021/128, 11/21/2021, eff. 3/21/2022; Am. L.L. 2023/151, 11/17/2023, eff. 5/15/2024)

Editor's note: Formerly § 20-241.2. For related unconsolidated provisions, see Appendix A at L.L. 2003/064, L.L. 2021/080, L.L. 2021/098 and L.L. 2021/128.

Subchapter 8: Sightseeing Guides

§ 20-242 Definition.

Whenever used in this subchapter the term "guide" shall mean and include any person who engages in the business of guiding or directing people to any place or point of public interest or who, in connection with any sightseeing trip or tour, describes, explains or lectures concerning any place or point of public interest to any person within the city or obtains the patronage of any person for such trip. Nothing herein contained shall be construed to include any person or persons who describes, explains or lectures concerning any place or point of public interest while aboard a sightseeing boat or vessel regularly engaged in scheduled trips around Manhattan island on navigable waters.