§ 20-819 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 the provisions 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 20-818 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 20-818 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 proceedings under this subchapter shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. Notice of any third violation for engaging in a violation of section 20-816 shall state that premises may be ordered sealed after a finding of a third violation. 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. 2011/017.

§ 20-820 Civil cause of action.

Any person claiming to be injured by the failure of a pregnancy services center to comply with section 20-817 shall have a cause of action against such pregnancy services center in any court of competent jurisdiction for any or all of the following remedies: compensatory and punitive damages; injunctive and declaratory relief; attorney's fees and costs; and such other relief as a court deems appropriate.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/017.

Subchapter 18: Prohibition on the Sale of Expired Over-the-Counter Medication

§ 20-821 Definitions.

For purposes of this subchapter, the following definitions shall apply:

   a.   "Over-the-counter medication" means a drug, as defined by section 71.03(b) of the New York city health code, which does not require a prescription.

   b.   "Person" means any natural person, firm, partnership, joint venture, corporation or association.

§ 20-822 Prohibited conduct and violations.

   a.   It shall be unlawful to sell or offer for sale, any over-the-counter medication, later than the date, if any, marked upon the label as indicative of the date beyond which the contents cannot be expected to be safe and effective.

   b.   Violations. A person violating section 20-822 of this subchapter shall be guilty of a violation punishable by a fine not to exceed two hundred and fifty dollars for the first violation and a fine not to exceed five hundred dollars for any subsequent violation. In addition to such penalties, any person who violates this section shall be liable for a civil penalty of not less than one hundred dollars nor more than two hundred and fifty dollars for the first violation and of not less than two hundred and fifty dollars nor more than five hundred dollars for each subsequent violation. For purposes of this subdivision, each group of identical over-the-counter medication subject to this subchapter marked with the same date shall constitute a single violation. However, where the expired over-the-counter medication is sold to a person, each sale shall constitute a separate violation under this section. Penalties shall be enforced in accordance with subdivision g of section twenty-two hundred and three of the charter of the city of New York.

§ 20-823 Enforcement.

The department, the police department, and other agencies designated by the commissioner are authorized to enforce the provisions of this subchapter.