Loading...
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.
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.
(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.
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.
a. Requirements for amusement devices.
(1) Every amusement device owner must purchase insurance or post cash or other security in an amount not less one million dollars ($1,000,000) per occurrence or a bond in an amount not less than two million five hundred thousand dollars ($2,500,000) in the aggregate against liability for injury to persons arising out of the use of the amusement device. In addition, every amusement device owner must maintain in such owner's possession for display at the commissioner's request certificates of insurance for workers' compensation and disability coverage.
(2) Every amusement device owner must ensure that all such amusement devices have undergone an inspection by the department of buildings, and that such amusement devices have passed an elevator and/or electrical control inspection, prior to the first instance of operation of any such amusement devices.
(3) Every portable amusement device shall be equipped with a stairway on either or both sides thereof so that the stairway in use at any time for access to or egress from such portable amusement device shall at all times be within a reasonable distance from the sidewalk, such distance to be determined at the discretion of the commissioner. The operator of such portable amusement device shall not at any time permit any person to be admitted to the portable amusement device or to depart therefrom except by the stairway.
(4) Notification of accidents. Every amusement operator shall provide notice to the department of any accident relating to an amusement device within twenty-four hours after the occurrence of such accident, or immediately after such accident if any person sustains an injury requiring medical treatment or dies as a result of such accident. The commissioner shall set by rule the form and content of such notice and the manner in which such notice shall be transmitted to the department.
b. Amusement arcades and gaming cafes.
(1) Each player-operated amusement device located within an amusement arcade or gaming cafe shall display a sign or signs, located and designed so as to be discernible by all players and prospective players, setting forth the rules of play, including the price of each game.
(2) Where the amusement arcade or gaming cafe owner or the amusement operator in the amusement arcade or gaming cafe offers free games or prizes, signs shall be required to set out with clarity the number of wins or the score required to obtain a free game or prize; provided, however, that no amusement arcade or gaming cafe owner or amusement operator in the amusement arcade or gaming cafe shall offer money prizes or awards or such other prizes or awards which are redeemable or may be redeemed in money at the amusement arcade or gaming cafe or any other establishment, or which may be used as a credit or allowance or which may be exchanged for any money, credit or allowance.
(3) No amusement arcade or gaming cafe owner or operator shall permit persons under the age of eighteen, unless such persons are otherwise exempt under New York State Education Law, to enter or remain in an amusement arcade or gaming cafe between the hours of nine a.m. through three p.m. on weekdays during the regularly scheduled school year for public schools. Such owners shall prominently display a sign stating that, unless exempt by New York State Education Law, persons under eighteen years of age are not to enter or remain on the premises at such times and that the truancy laws of the state of New York will be enforced.
c. Placement and operation. No amusement device or player-operated amusement device or group of amusement devices and/or player-operated amusement devices shall be placed or operated in such a manner as to obstruct, or cause by the congregating of persons, an obstruction to, or interfere with, any public corridor or passageway, or to obstruct the entrance or exit to any premises. No amusement device or player-operated amusement device or group of amusement devices and/or player-operated amusement devices shall be placed on a public sidewalk in front of or adjacent to an amusement arcade or gaming cafe.
(Renumbered and amended, L.L. 2021/080, 7/18/2021, eff. 3/15/2022; Am. L.L. 2021/098, 9/26/2021, eff. 3/15/2022)
Editor's note: Formerly § 20-214. For related unconsolidated provisions, see Appendix A at L.L. 1995/072, L.L. 2021/080 and L.L. 2021/098.
Loading...