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§ 20-616 Penalties.
   1.   Any person who violates the provisions of this subchapter shall be guilty of a violation punishable by a fine of not less than one hundred dollars and not more than two hundred fifty dollars.
   2.   Any person violating this subchapter shall be subject to a civil penalty of not less than one hundred dollars and not more than two hundred fifty dollars. A proceeding to recover any civil penalty pursuant to this subchapter shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department.
   3.   Any person who subsequently violates this subchapter within a period of one year of the date of the first violation shall be guilty of a violation, punishable by a fine not less than five hundred dollars.
Subchapter 3: Language Assistance Services in Pharmacies*
* Editor's note: there are two subchapters designated as Subchapter 3.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
§ 20-620 Definitions.
For the purposes of this subchapter, the following terms shall have the following meanings:
   a.   "Chain pharmacy" shall mean any pharmacy that is part of a group of four or more establishments that (1) conduct business under the same business name or (2) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor.
   b.   "Competent oral interpretation" shall mean oral communication in which (1) a person acting as an interpreter comprehends a spoken message and re-expresses that message accurately in another language, utilizing all necessary pharmaceutical- and health-related terminology; (2) a bilingual pharmacy staff member communicates proficiently with an LEP individual in the LEP individual's primary language utilizing all necessary pharmaceutical- and health-related terminology; or (3) a person acting as an interpreter or a bilingual pharmacy staff member accurately translates a written document orally for an LEP individual utilizing all necessary pharmaceutical- and health-related terminology.
   c.   "Competent translation" shall mean written communication in which a person or device translates a written message and re-writes that message accurately in another language.
   d.   "Language assistance services" shall mean competent oral interpretation and/or competent translation provided to a limited English proficient individual in his or her primary language to ensure that such individual understands medication labels, warning labels and instructions for drug usage.
   e.   "Limited English proficient individual" or "LEP individual" shall mean an individual who identifies as being, or is evidently, unable to speak, read or write English at a level that permits such individual to understand health-related and pharmaceutical information communicated in English.
   f.   "Other written material" shall mean any written material other than a prescription label or warning label that the pharmacy considers vital to an LEP individual's safe and effective use of prescription medications.
   g.   "Pharmacy" shall mean any retail establishment that is located within the city of New York in which prescription drugs are sold.
   h.   "Pharmacy primary languages" shall mean the top seven languages spoken by LEP individuals in New York city, as determined biennially by the department of city planning based on data from the American Community Survey and made available to each chain pharmacy.
   i.   "Primary language" shall mean the language identified by an LEP individual as the language to be used in communicating with such individual.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
§ 20-621 Provision of interpretation services required.
   a.   Every chain pharmacy shall provide free, competent oral interpretation services to each LEP individual filling a prescription at such chain pharmacy in the LEP individual's primary language for the purposes of counseling such individual about his or her prescription medications or when soliciting information necessary to maintain a patient medication profile, unless the LEP individual is offered and refuses such services.
   b.   Every chain pharmacy shall provide free, competent oral interpretation of prescription medication labels, warning labels and other written material to each LEP individual filling a prescription at such chain pharmacy, unless the LEP individual is offered and refuses such services.
   c.   The services required by this section may be provided by a staff member of the pharmacy or a third-party paid or volunteer contractor. Such services must be provided on an immediate basis but need not be provided in-person or face-to-face in order to meet the requirements of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
§ 20-622 Provision of translation services required.
Every chain pharmacy shall provide free, competent translation of prescription medication labels, warning labels and other written material to each LEP individual filling a prescription at such chain pharmacy if that individual's primary language is one of the pharmacy primary languages, in addition to providing such labels and materials in English. Nothing in this section shall prohibit a chain pharmacy from providing dual- or multi-language medication labels, warning labels or other written materials to LEP individuals who speak one of the pharmacy primary languages if one of the languages included on such labels or sheets is the LEP individual's primary language.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
§ 20-623 Notification relating to language assistance services.
   a.   Every chain pharmacy shall conspicuously post, at or adjacent to each counter over which prescription drugs are sold, a notification of the right to free language assistance services for limited English proficient individuals as provided for in sections 20-621 and 20-622 of this subchapter. Such notifications shall be provided in all of the pharmacy's primary languages. The size, style and placement of such notice shall be determined in accordance with rules promulgated by the department.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
§ 20-624 Penalties.
   a.   Any chain pharmacy that violates the provisions of sections 20-621 or 20-622 of this subchapter or any rules promulgated pursuant to such sections shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than two thousand five hundred dollars for the first violation and for each succeeding violation a civil penalty of not less than five hundred dollars nor more than five thousand dollars.
   b.   Any chain pharmacy that violates the provisions of section 20-623 of this subchapter or any rules promulgated pursuant to such section shall be liable for a civil penalty of not less than two hundred dollars nor more than five hundred dollars for the first violation and for each succeeding violation a civil penalty of not less than three hundred dollars nor more than one thousand dollars.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
§ 20-625 Hearing authority.
   a.   Notwithstanding any other provision of law, the department shall be authorized upon due notice and hearing, to impose civil penalties for the violation of any provision of this subchapter and any rules promulgated thereunder. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-624 of this subchapter for each such violation. All proceedings authorized pursuant to this section shall be conducted in accordance with rules promulgated by the commissioner. The penalties provided for in section 20-624 of this subchapter shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
   b.   All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
Subchapter 3-A: Amusement Devices, Arcades and Operators
(Renumbered L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Formerly Chapter 2, Subchapter 3. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
§ 20-626 Definitions.
Whenever used in this subchapter, the following terms shall mean:
   a.   "Amusement device" means any contrivance, open to the public, that carries and conveys passengers along, around or over a fixed or restricted course or within a defined area for the purpose of amusing or entertaining its passengers, other than coin-operated amusement devices as defined in subdivision b of this section.
   b.   "Player-operated amusement device" means any machine, contrivance, apparatus, booth or other device intended as a game that one or more persons are permitted to play by controlling the mechanical, electrical or electronic components that are needed to operate or manipulate the game in exchange for the payment of a fee, charge or thing of value, and that provides amusement, diversion or entertainment. This shall include, but not be limited to, fixed stand coin-operated rides as defined in subdivision j of section 19-136 of this code.
   c.   "Amusement arcade" means any premises wherein there are located, in any combination, ten or more of the amusement devices and/or player-operated amusement devices defined in subdivisions a and b of this section.
   d.   "Amusement operator" means any person who maintains or operates any amusement device, gaming cafe or amusement arcade as defined in subdivisions a, c and i of this section.
   e.   "Amusement arcade or gaming cafe owner" means any person who owns or otherwise has legal possession or title to an amusement arcade as defined in subdivision c or a gaming cafe as defined in subdivision i of this section.
   f.   "Amusement device owner" means any person who owns or otherwise has legal possession or title to an amusement device as defined in subdivision a of this section.
   g.   "Portable amusement device" means an amusement device designed to be operated on the vehicle which is used to transport such device.
   h.   "Gaming cafe" is a place where, for a fee charged directly or indirectly, persons are provided access to three or more computers or electronic devices in which game software has been installed by or for the owner or operator for the purpose of playing a game on the premises.
(Renumbered and amended, L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Formerly § 20-211. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
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