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.