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The commissioner may designate by rule a list of healthful foods in addition to fresh fruits and vegetables, water, and raw single ingredient nuts, provided that any food designated as healthful is in alignment with evidence-based dietary recommendations.
(L.L. 2021/018, 2/28/2021, eff. 5/29/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/018.
a. Any person who violates the provisions of subdivision a, b, or c of section 17-307 of this subchapter shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred fifty dollars nor more than one thousand dollars, or by imprisonment for not more than three months or by such fine and imprisonment.
b. Except as provided in subdivision a of this section, a person who violates any provision of this subchapter or any of the rules or regulations promulgated hereunder shall be guilty of an offense punishable by the court as follows:
1. For the first violation, a fine of not less than twenty-five nor more than fifty dollars.
2. For the second violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than fifty dollars nor more than one hundred dollars.
3. For a third violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than one hundred dollars nor more than two hundred and fifty dollars, in addition to the remedy provided for in subdivision f of section 17-317 of this subchapter.
4. For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a fine of not more than five hundred dollars.
c. 1. In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of subdivision a, b, or c of section 17-307 of this subchapter shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than one thousand dollars together with a penalty of one hundred dollars per day for every day during which the unlicensed business operated.
2. In addition to the penalties prescribed by subdivision b of this section, any person who violates any of the provisions of this subchapter, other than subdivision a, b, or c of section 17-307 of this subchapter, or any of the rules and regulations promulgated hereunder shall be liable for a civil penalty as follows:
(a) For the first violation, a penalty of twenty-five dollars.
(b) For the second violation issued for the same offense within a period of two years of the date of a first violation, a penalty of fifty dollars.
(c) For the third violation issued for the same offense within a period of two years of the date of a first violation, a penalty of one hundred dollars, in addition to the remedy provided for in subdivision f of section 17-317 of this subchapter.
(d) For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a penalty of two hundred fifty dollars.
3. Notwithstanding paragraph 2 of this subdivision, any person that violates subdivision c of section 17-311 by failing to firmly affix a current letter grade or letter grade pending card to a vending vehicle or pushcart in a conspicuous place as required by rules of the department shall be liable for a civil penalty of five hundred dollars.
4. Any person that violates section 17-311 or subdivisions a or b of section 17-315, or any rules promulgated thereunder, shall not be subject to a civil penalty for a first-time violation if such person proves to the satisfaction of the department, within seven 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 of section 17-311 or subdivisions a or b of section 17-315, or any rules promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination.
d. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision c of this section shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board or the administrative tribunal established by the board of health. The environmental control board or the board of health's administrative tribunal shall have the power to impose the civil penalties prescribed by subdivision c of this section.
(Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027 and L.L. 2021/080.
a. In any civil or criminal action or proceeding, failure by a food vendor who is required to be licensed pursuant to the provisions of this chapter to display and exhibit upon demand a food vendor's license in accordance with the provisions of this chapter to any police officer, public health sanitarian or other authorized officer or employee of the department or other city agency shall be presumptive evidence that such food vendor is not duly licensed.
b. In any civil or criminal action or proceeding, the failure of any vehicle or pushcart which is required to be permitted pursuant to the provisions of this chapter to have a permit plate affixed thereto in accordance with the provisions of this chapter shall be presumptive evidence that such vehicle or pushcart is not duly permitted.
Commencing on June 1, 2013, and every twelve months thereafter, the department shall issue an annual report to the council with respect to food vendor licenses and pushcart or vehicle permits. Each report shall include the following information for the twelve-month period prior to the issuance of the report: (i) the number of food vendor license renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of subchapter two of chapter three of title 17 of the administrative code; (ii) the number of food vending pushcart or vehicle permit renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of subchapter two of chapter three of title 17 of the administrative code; (iii) the number of food vendor license suspensions pursuant to section 17-317 of the administrative code and the basis for each such suspension; (iv) the number of food vending pushcart or vehicle permit suspensions pursuant to section 17-317 of the administrative code and the basis for each such suspension; (v) the number of food vendor license revocations pursuant to section 17-317 of the administrative code and the basis for each such revocation; and (vi) the number of food vending pushcart or vehicle permit revocations pursuant to 17-317 of the administrative code and the basis for each such revocation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009.
The department shall establish and implement a system for grading and classifying inspection results for each vending vehicle or pushcart using letters to identify and represent a vending vehicle or pushcart's degree of compliance with laws and rules that require such vending vehicle and pushcart to operate in a sanitary manner to protect public health. Where practicable, such system shall be implemented in a manner consistent with the implementation of the letter grading program established by the department for food service establishments pursuant to section 81.51 of the health code.
(L.L. 2017/108, 5/30/2017, eff. 2/24/2018)
Subchapter 3: Rental Horse Licensing and Protection Law
Whenever used in this subchapter, the following terms have the following meanings:
ASPCA. The term "ASPCA" means the American Society for the Prevention of Cruelty to Animals.
Carriage horse. The term "carriage horse" means any horse which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this subchapter. A horse used for any other purpose shall not be deemed to be a carriage horse for the purposes of this subchapter.
Equine heat index. The term "equine heat index" means the sum of the air temperature, in degrees Fahrenheit, and the relative humidity at a particular point in time.
Owner. The term "owner" means the owner of a horse which is required to be licensed pursuant to this subchapter and the owner of a rental horse business in which such horse is used.
Person. The term "person" means an individual, partnership, corporation, association or other legal entity.
Relative humidity. The term "relative humidity" means the value, expressed as a percentage, determined by a device designed to measure relative humidity
Rental horse. The term "rental horse" means a horse which is used in a rental horse business.
Rental horse business. The term "rental horse business" means a business enterprise which provides or offers the use of a horse to the public for a fee for the purpose of riding or drawing a horse drawn vehicle or which operates a horse drawn vehicle for hire such as a horse drawn cab.
Riding horse. The term "riding horse" means a horse which is available to the public for a fee for the purpose of riding.
Stable. The term "stable" means any place, establishment or facility where one or more rental horses are housed or maintained.
Under tack. The term "under tack" means that a horse is equipped for riding or driving.
Veterinarian. The term "veterinarian" means a person licensed to practice veterinary medicine in the state of New York.
Work. A horse is considered to be at "work" when it is out of its stable and presented to the public as being available for riding, pulling carriages, vehicles or other devices, or when it is saddled or in harness or when it is being ridden or is pulling a carriage, vehicle or device.
(Am. L.L. 2019/203, 11/25/2019, eff. 1/24/2020)
a. On and after January first, nineteen hundred eighty-two no person shall use or offer the use of a horse in a rental horse business unless such horse is licensed pursuant to the provisions of this subchapter. For purposes of this subchapter the use of a horse in a rental horse business means that a horse is used or offered for use by the public for a fee for the purpose of riding or drawing a horse drawn vehicle or is used in the operation of a horse drawn vehicle for hire such as a horse drawn cab.
b. A license shall be issued for a term of one year from the date of issuance thereof and shall be renewed prior to the expiration of such term.
c. The annual fee for a license or the renewal of a license shall be twenty-five dollars.
d. Application for a license or the renewal of a license shall be made to the department of health and mental hygiene. Such application shall contain the name and address of the owner of the horse and of the owner of the rental horse business in which such horse is to be used if such person is not the owner of the horse, the age, sex, color, markings and any other identifying marks such as brands or tattoos of the horse, the location of the stable where the horse is to be kept and any other information which the commissioner of health and mental hygiene may require. An application with respect to a horse which is used in the operation of a "horse drawn cab" as defined in subchapter twenty-one of chapter two of title twenty of this code shall include the identification number required to be inscribed on such horses hoof pursuant to the rules and regulations of the department of consumer and worker protection. The application shall be accompanied by the license or renewal fee.
e. No license shall be transferable. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within fifteen days after the date of the transfer of ownership.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
a. Each horse licensed pursuant to the provisions of this subchapter shall be assigned an official identification number by the department. Such identification number shall be branded on the hoof of the horse in a manner to be prescribed by the commissioner and shall also be inscribed on a metal tag which shall be attached to the bridle of the horse in a conspicuous place to be specified by the commissioner at all times when the horse is at work. Such tag shall be issued to the owner with the certificate of license. The tag and certificate of license shall be of such form and design and shall contain such information as the commissioner shall prescribe. Duplicate tags and certificates of license shall be issued only upon proof of loss of the original and the payment of a fee of two dollars.
b. The certificate of license shall at all times remain at the stable where the horse is kept and shall be available for inspection by any police officer, agent of the department and the ASPCA, or to veterinarians employed or retained by the department or the ASPCA or employees of the department of consumer and worker protection or any persons designated by the commissioner to enforce this subchapter.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
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