L.L. 2013/152

Enactment date: 12/30/2013

Int. No. 1210-A

By Council Members Gennaro, the Speaker (Council Member Quinn), Arroyo, Greenfield, Vacca, Koo, Koppell, Richards and Dromm

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of electronic cigarettes.

Be it enacted by the Council as follows:

Section 1. Legislative findings. Electronic cigarette devices have not been approved by the Food and Drug Administration (FDA) for smoking cessation and are currently unregulated by the FDA. Most devices contain nicotine, a highly addictive substance. Although the long-term effects of electronic cigarette devices require further study, the FDA has found that some devices contain toxins and carcinogens and has expressed concerns about their safety. Use of electronic cigarette devices, particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by making it easier for them to maintain their nicotine addiction. Children and youth who experiment with electronic cigarettes may become addicted to nicotine and ultimately switch to smoking cigarettes.

The use of electronic cigarette devices may be visually similar to the smoking of cigarettes, and has already been observed in locations where smoking is prohibited, creating concern and confusion that threatens to interfere with enforcement of the Smoke-Free Air Act. The use of electronic cigarette devices in places where smoking is prohibited may increase the social acceptability and appeal of smoking, particularly for youth, potentially undermining the enormous progress that has been made over the years in discouraging smoking.

The Council therefore finds that prohibiting the use of electronic cigarette devices in public places and places of employment will protect the health of the citizens of New York City, facilitate enforcement of the Smoke-Free Air Act, and protect youth from observing behaviors that could encourage them to smoke.

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[Consolidated provisions are not included in this Appendix A]

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§ 14. Before the ninetieth day after this local law shall have become a law, every employer shall make any changes necessary in their written smoking policy to bring them into compliance with the requirements of chapter 5 of title 17 of the administrative code of the city of New York.

§ 15. This local law shall take effect one hundred twenty days after it shall have become a law, except that subdivisions (a) and (b) of section 17-506 of the administrative code of the city of New York, as amended by section six of this local law, shall take effect one hundred eighty days after this local law takes effect, provided however, that the commissioner shall take such actions, including the promulgation of rules, as are necessary for timely implementation of this local law.

L.L. 2013/153

Enactment date: 12/30/2013

Int. No. 1213-A

By Council Members Reyna, Brewer, Chin, Dickens, Eugene, King, Koo, Mendez, Rose, Wills, Gennaro, Vallone, Van Bramer, Greenfield and Jackson

A Local Law to amend the administrative code of the city of New York, in relation to replacing certain fines with opportunities to cure.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 16. By June 30, 2014, the department of consumer affairs shall promulgate rules establishing opportunities to cure the first violation of the following signage mandates:

   1)   requiring the posting of refund policies;

   2)   requiring the posting of a sign stating that individuals may complain to the department of consumer affairs about a business licensed by such department;

   3)   prohibiting signs stating that a business is not liable for such business's negligence if such a statement is invalid under law;

   4)   requiring that parking lots and garages post a sign stating:

      a)   the business hours of such lot or garage;

      b)   the licensed capacity of such lot or garage;

      c)   such lot or garage is at full capacity for car or bicycle parking; and

      d)   minimum number of bicycle parking spaces;

   5)   requiring that parking lots and garages have separate entrances and exits, with the main entrance and exit clearly designated with illuminated signs marked "entrance" and "exit";

   6)   requiring that all required signage is illuminated, clearly visible, and readable;

   7)   requiring that those lots and garages with waivers under section 20-327.1 of the administrative code post a sign with respect to bike parking;

   8)   requiring that auxiliary signs of parking lots and garages contain equally sized letters and numbers;

   9)   requiring that businesses that accept credit cards post a list of limitations that such business put on credit card usage at or near the entrance of each such business, and in all advertising indicating that credit cards are accepted;

   10)   requiring that electronic or home appliance service dealers include a notice in the department or area where electronic and home appliances are accepted for repair stating that customers are entitled to written estimates for repairs and other customer rights, and that the regulations of the department of consumer affairs relating to television, radio and audio servicing are available for review from the service dealer upon request;

   11)   requiring a tax preparer to display a sign:

      a)   identifying him or herself, including his or her address, telephone number, and qualifications;

      b)   stating that both the preparer and taxpayer must sign every tax return;

      c)   stating how his or her fees are calculated;

      d)   stating that he or she or his or her agency will not represent the taxpayer in an audit, if true; and

      e)   stating that he or she is not licensed by the state board of public accounting or the New York state bar, or both, if true;

   12)   requiring dealers of products for the disabled to post a sign summarizing any provisions of the New York city products for the disabled law;

   13)   requiring any bus to include a posted sign on the windshield and near the entrance door of such bus that designates the departure time and destination of such bus;

   14)   requiring laundries:

      a)   to distinguish in their advertising between services being offered at different prices;

      b)   to post an out-of-order sign on non-functioning machines on such laundry's premises;

      c)   to post a notice that complaints and claims for refunds may be made to a certain person or persons; and

      d)   to post any sign in both english and spanish, if applicable;

   15)   requiring sidewalk cafes to post a sign stating the maximum number of tables and chairs licensed for such sidewalk café, and prohibiting other signage at a sidewalk café except for signage meeting certain specifications;

   16)   requiring motor vehicle rental businesses to post a notice of the department of consumer protection's consumer protection law;

   17)   requiring any labeling declaration to be written in the english language;

   18)   requiring that amusement arcades and gaming cafes post a sign describing age restrictions during certain hours of operation; and

   19)   requiring signage at businesses that sell beverages for off-premises consumption in beverage containers that are covered by title ten or article twenty-seven of the environmental conservation law of the state of New York to be placed within a certain distance of cash registers or to be visible to consumers from any specific vantage point; and

   20)   requiring stores with weighing and measuring devices for customer use to post a sign informing customers that they may reweigh products using such weighing or measuring device or devices.

The rules promulgated pursuant to this section shall include language to the effect that a person shall not be subject to a civil penalty for the first-time violation of any signage mandate described in this section 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 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 of any signage mandate described in this section. 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.

§ 17. This local law shall take effect one hundred eighty days following the date of its enactment.

L.L. 2013/154

Enactment date: 12/30/2013

Preconsidered Int. No. 1217

By Council Members Dickens, Gonzalez, Jackson, Mark-Viverito, Nelson and King

A Local Law in relation to the naming of six thoroughfares and public places, Hermena Rowe Street, Borough of Manhattan, Captain Dennis Morales Way, Borough of Brooklyn, Subhi Widdi Way, Borough of Brooklyn, Pat Jones Way, Borough of Manhattan, Ariel Russo Place (4 Years Old), Borough of Manhattan and John E. Nikas Way, Borough of Brooklyn.

Be it enacted by the Council as follows:

Section 1. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Hermena Rowe Street	None	At the southwest corner of Adam Clayton Powell, Jr. Boulevard and 122nd Street

 

§ 2. The following intersection name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Captain Dennis Morales Way	None	At the intersection of 4th Avenue and 36th Street

 

§ 3. The following intersection name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Subhi Widdi Way	None	At the intersection of 6th Avenue and 56th Street

 

§ 4. The following street name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Pat Jones Way	144th Street	Between Hamilton Terrace and Convent Avenue

 

§ 5. The following street name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Ariel Russo Place (4 Years Old)	West 97th Street	Between Amsterdam Avenue and Broadway

 

§ 6. The following intersection name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
John E. Nikas Way	None	At the intersection of East 12th Street and Gravesend Neck Road

 

§ 7. This local law shall take effect immediately.