§ 6-10 Compliance with New York City Charter.

   (a)   Pursuant to Section 2203(h)(2) of the Charter, as used in this chapter, the term "notice of violation" means any notice commencing a proceeding, including a summons or any other form as prescribed by the Commissioner.

   (b)   Pursuant to Section 2203(h)(1) of the Charter, except to the extent that dollar limits are otherwise specifically provided, civil penalties shall not exceed five hundred dollars for each violation of any law or rule the enforcement of which is within the jurisdiction of the Department pursuant to the New York City Charter, Administrative Code or any other general, special or local law. The remedies and penalties provided for in this subchapter shall be applied per violation and 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. Such remedies and the maximum penalties authorized by a law or rule shall apply to a respondent who fails to appear to answer a notice of violation.

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 8/22/2017, eff. 9/21/2017)

§ 6-11 License Enforcement Penalty Schedule.

   All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

   Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

   For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013.

   In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.

   Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).

   For violations of § 20-105, each day of unlicensed activity constitutes a distinct and independent violation. Except as otherwise expressly provided, fines imposed for § 20-105 violations shall be in addition to, and shall not be offset or modified by, any fines or civil penalties prescribed by Chapter 2 of Title 20 of the Administrative Code or provisions of state law governing businesses licensed by the department.

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-105	Unlicensed Activities	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day
Admin. Code § 20-109	Improper license transfer	$175	$175	$300	$300	$500	$500
Admin. Code § 20-110	Failure to obtain Department approval of change of corporate ownership	$175	$175	$300	$300	$500	$500
Admin. Code § 20-111	Failure to obtain Department approval of change in a partnership	$175	$175	$300	$300	$500	$500
Admin. Code § 20-112	Failure to comply with licensee address requirements	$175	$175	$300	$300	$500	$500
Admin. Code § 20-113	Failure to comply with trade name requirements	$175	$175	$300	$300	$500	$500
Admin. Code § 20-114	Failure to comply with inspection and license display requirements	$175	$175	$300	$300	$500	$500
Admin. Code § 20-115	Failure to comply with bond requirement	$175	$175	$300	$300	$500	$500
6 RCNY § 1-01.1	Failure to provide truthful information on application	$175	$175	$300	$300	$500	$500
6 RCNY § 1-03(a)	Failure to post the license sign	$175	$175	$300	$300	$500	$500
6 RCNY § 1-04	Making false representations and altering or falsifying Department documents or providing or using falsified documents	$175	$175	$300	$300	$500	$500
6 RCNY § 1-05	Failure to contain license number in advertisements and other printed and electronic matter	$175*	$175*	$300	$300	$500	$500
6 RCNY § 1-13	Failure to comply with requirements related to responding to a consumer's complaint	$175	$175	$300	$300	$500	$500
6 RCNY § 1-14	Failure to appear for or respond to a request for documents, subpoena, request for interrogatories, or notice of deposition	$175	$175	$300	$300	$500	$500
6 RCNY § 1-15	Failure to satisfy judgment	$175	$175	$300	$300	$500	$500
6 RCNY § 1-16	Failure to comply with record and business premise inspection requirements	$175	$175	$300	$300	$500	$500
6 RCNY § 1-17	Improper wearing of badge	$175	$175	$300	$300	$500	$500
6 RCNY § 1-18	Failure to destroy identification documents issued by the department	$175	$175	$300	$300	$500	$500
6 RCNY § 1-21	Injurious conduct committed by a licensee	$500	$500	$500	$500	$500	$500

 

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 8/22/2017, eff. 9/21/2017; amended City Record 2/15/2019, eff. 3/17/2019; amended City Record 2/24/2020, eff. 3/25/2020; amended City Record 2/22/2021, eff. 3/24/2021; amended City Record 11/26/2021, eff. 12/26/2021; amended City Record 12/20/2021, eff. 1/19/2022; amended City Record 10/9/2024, eff. 11/8/2024)

§ 6-12 Tobacco Retail Dealer Penalty Schedule.

All citations are to Title 20 of the Administrative Code of the City of New York, Title 17 of the Administrative Code of the City of New York, Title 24 of the Rules of the City of New York, or the New York Public Health Law.

Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

Unless otherwise specified by law, for violations of Title 20 of the Administrative Code, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s).

Unless otherwise specified by law, for violations of § 17-176.1 of Title 17 of the Administrative Code or of 24 RCNY § 13-03, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within five years of the prior violation(s).

For sections of law marked by a single asterisk (*), a second, third or subsequent violation means a violation of § 17-703, § 17-703.2, § 17-704, Subdivision (a) of § 17-704.1, § 17-705, or subdivisions (a) or (b) of § 17-706 of Title 17 of the Administrative Code, or any combination of such provisions, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement, at the same place of business within a three-year period.

Unless otherwise specified by law, for violations of § 17-715 of Title 17 of the Administrative Code, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s).

At a hearing, points assigned to a respondent's New York State tobacco registration record may be reduced, pursuant to New York Public Health Law § 1399-ee(3)(a).

In certain cases, the Department may ask for license suspension, revocation, or sealing as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.

The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**).

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-202(a)(1)	Engaging in unlicensed tobacco retail dealer activity	$2,000, plus $100 per day	$2,000, plus $100 per day	$2,000, plus $100 per day	$2,000, plus $100 per day	$2,000, plus $100 per day	$2,000, plus $100 per day
Admin. Code § 20-202(a)(2)	Permitting premises to be used for unlicensed tobacco retail dealer activity	$1,500	$2,000	$1,800	$2,000	$2,000	$2,000
Admin. Code § 20-202(d)(2)	Failure to display license conspicuously	$1,500	$2,000	$1,800	$2,000	$2,000	$2,000
Admin. Code § 20-203	Failure to comply with recordkeeping and inspection requirements	$1,500	$2,000	$1,800	$2,000	$2,000	$2,000
Admin. Code § 20-205	Engaged in prohibited sales or purchases	$1,500	$2,000	$1,800	$2,000	$2,000	$2,000
Admin. Code § 17-176.1(b)	Selling discounted cigarettes	$1,000	$1,000	$2,000	$2,000	$5,000	$5,000
Admin. Code § 17-176.1(c)	Selling discounted tobacco products	$1,000	$1,000	$2,000	$2,000	$5,000	$5,000
Admin. Code § 17-176.1(d)	Selling cigarettes or tobacco products below the price floor	$1,000	$1,000	$2,000	$2,000	$5,000	$5,000
Admin. Code § 17-703*	Operating as a wholesale dealer without a license	$5,000	$5,000	$10,000 (plus revocation)	$10,000 (plus revocation)	$10,000 (plus revocation)	$10,000 (plus revocation)
Admin. Code § 17-703.1	Failure of retail dealer to post sign in conspicuous place that cigarettes must be in packages bearing valid tax stamps	$500	$500	$500	$500	$500	$500
Admin. Code § 17-704(a)*	Selling or offering for sale cigarettes or tobacco products that have been removed from packaging that bears a health warning	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-704(a-1) through (f)*	Violation of minimum package sizes for cigarettes or tobacco products	$1,000	$1,000	$2,000	$2,000	$2,000	$2,000
Admin. Code § 17-704.1(a)*	Unlawful delivery of cigarettes or tobacco products	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-705*	Failure to comply with age restrictions on handling	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-706(a)*	Unlawful sale of cigarettes, tobacco products, or liquid nicotine to an individual under 21	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-706(b)*	Unlawful sale of non-tobacco smoking products to an individual under 18	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-706(c)	No minimum age sign violation/missing information on sign	$500	$500	$500	$500	$500	$500
Admin. Code § 17-715	Unlawful sale of flavored tobacco	$1,000	$1,000	$2,000	$2,000	$5,000 (plus 1 to 90 day suspension)**	$5,000 (plus one year suspension)
NY Pub Health § 1399-BB	Distribution of tobacco products or herbal cigarettes without charge	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-CC(2) (sign)	Failure to conspicuously post the required tobacco sign	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-CC(2) (sale)	Unlawful sale of tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes to an individual under twenty-one years of age	$1,500 (plus 2 points on NYS registration)	$1,500 (plus 2 points on NYS registration)	$2,500 (plus 2 points on NYS registration)	$2,500 (plus 2 points on NYS registration)	$2,500 (plus 2 points on NYS registration)	$2,500 (plus 2 points on NYS registration)
NY Pub Health § 1399-CC(3)	Failure to obtain proper identification from purchaser	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-CC(5)	Improper use of the electronic transaction information	$1,000	$1,000	$1,000	$1,000	$1,000	$1,000
NY Pub Health § 1399-CC(7)	Failure to store tobacco products or herbal cigarettes behind a counter accessible only to store personnel or in a locked container	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-DD	Unlawful sale of tobacco products, herbal cigarettes, or electronic cigarettes in vending machines	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-DD-1	Unlawful display of tobacco product or electronic cigarette advertising or smoking paraphernalia	$500	$500	$1,000	$1,000	$1,000	$1,000
NY Pub Health § 1399-EE(2)	Unlawful sale of tobacco products or herbal cigarettes with a suspended or revoked NYS tobacco registration	$2,500	$2,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-GG	Unlawful out-of-package sales or minimum package size	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-LL	Failure to comply with regulations prohibiting the sale of bidis	$500	$500	$500	$500	$500	$500
NY Pub Health § 1399-MM	Failure to comply with the regulations prohibiting the sale of gutka	$500	$500	$500	$500	$500	$500
24 RCNY § 13-03	Failure to comply with price floors for little cigars, cigars, smokeless tobacco, snus, shisha, non-tobacco shisha, or loose tobacco	$1,000	$1,000	$2,000	$2,000	$5,000	$5,000
24 RCNY § 28-06	Unlawful sale of tobacco product or non- tobacco product designed for consumption through the inhalation of smoke not in original packaging	$1,000	$1,000	$1,000	$1,000	$1,000	$1,000

 

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 7/6/2018, eff. 8/5/2018; amended City Record 1/14/2019, eff. 2/13/2019; amended City Record 11/4/2020, eff. 12/4/2020; amended City Record 11/26/2021, eff. 12/26/2021; amended City Record 3/11/2022, eff. 4/10/2022)

§ 6-12.1 Electronic Cigarette Retail Dealer Penalty Schedule.

All citations are to Title 20 of the Administrative Code of the City of New York, Title 17 of the Administrative Code of the City of New York, or Title 6 of the Rules of the City of New York.

Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

Unless otherwise specified by law, a second or third or subsequent violation shall mean a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s).

For sections of law marked by a single asterisk (*), a second, third or subsequent violation means a violation of Subdivision (b) of § 17-704.1 or Subdivision (a-1) of § 17-706 of Title 17 of the Administrative Code, or any combination of such provisions, whether by admitting to the violation, being found in violation in a decision, or entering into a settlement agreement for violating the provision of law or rule, at the same place of business within a three-year period.

In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.

The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**).

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-561(a)(1)	Unlicensed electronic cigarette retail dealer	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day
Admin. Code § 20-561(a)(2)	Permitting premises under person's control to be used as unlicensed electronic cigarette retail dealer	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day
Admin. Code § 17-704.1(b)*	Unlawful delivery of electronic cigarettes	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-706(a-1)*	Unlawful sale of electronic cigarettes to an individual under 21	$1,000	$1,000	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)	$2,000 (plus revocation)
Admin. Code § 17-706(c)	No minimum age sign violation or missing information on sign	$500	$500	$500	$500	$500	$500
Admin. Code § 17-715(b)	Unlawful sale of flavored electronic cigarettes or flavored e-liquids	$1,000	$1,000	$2,000	$2,000	$5,000 (plus 1 to 90 day suspension)**	$5,000 (plus one year suspension)
NY Pub Health § 1399-BB	Distribution of vapor products without charge	$1,500	$1,500	$2,500	$2,500	$2,500	$2,500
NY Pub Health § 1399-DD-1	Unlawful display of tobacco product or electronic cigarette advertising or smoking paraphernalia	$500	$500	$1,000	$1,000	$1,000	$1,000
NY Pub Health § 1399-MM-1(2)	Selling or offering for sale a flavored vapor product intended or reasonably expected to be used for the consumption of nicotine	$75 per package	$100 per package	$90 per package	$100 per package	$100 per package	$100 per package

 

(Added City Record 7/6/2018, eff. 8/5/2018; amended City Record 4/21/2020, eff. 5/21/2020; amended City Record 11/4/2020, eff. 12/4/2020; amended City Record 11/26/2021, eff. 12/26/2021)

§ 6-13 Amusement Devices, Amusement Arcades, Amusement Operators, and Gaming Cafes Penalty Schedule.

   All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

   Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

   Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-627(a)(1)-(3)	Failure to comply with requirements for amusement devices	$175	$175	$300	$300	$500	$500
Admin. Code § 20-627(a)(4)	Failure to comply with notification of accidents requirement	$500	$500	$500	$500	$500	$500
Admin. Code § 20-627(b)	Failure to comply with requirements for amusement arcades and gaming cafes	$175	$175	$300	$300	$500	$500
Admin. Code § 20-627(c)	Failure to comply with requirements for placement of amusement devices	$175	$175	$300	$300	$500	$500
Admin. Code § 20-628	Failure to comply with gambling and gambling device requirements	$175	$175	$300	$300	$500	$500
Admin. Code § 20-629(a)	Improper location of player-operated amusement devices	$175	$175	$300	$300	$500	$500
Admin. Code § 20-629(c)	Failure to prohibit minors from entering certain premises	$0	$0	$175	$175	$300	$300
Admin. Code § 20-629(d)	Failure to prominently display required sign about minors on premises	$175	$175	$300	$300	$500	$500
6 RCNY § 4-141	Failure to comply with requirements for notification of accidents	$500	$500	$500	$500	$500	$500
6 RCNY § 4-142	Failure to comply with signage requirements	$175	$175	$300	$300	$500	$500

 

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 3/11/2022, eff. 4/10/2022)

§ 6-14 Billiard and Pocket Billiard Tables and Billiard and Pocket Billiard Rooms Penalty Schedule. [Repealed]

(Added City Record 8/22/2016, eff. 8/22/2016; repealed City Record 2/22/2021, eff. 3/24/2021)

§ 6-15 Sidewalk Cafes Penalty Schedule. [Repealed]

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 4/26/2018, eff. 5/26/2018; amended City Record 11/26/2021, eff. 12/26/2021; repealed City Record 10/9/2024, eff. 11/8/2024)