§ 2-441 Records.

   (a)   Transactions log. Each licensee must maintain a log in a form prescribed by the Department documenting every instance the licensee received a ticket or set of tickets for vending. The log must contain the following information, which must be entered legibly and in English:

      (1)   the date the licensee received the ticket or set of tickets for vending;

      (2)   the name, address, and ticket seller license number, if any, of the individual and company that provided the ticket or set of tickets;

      (3)   the place of entertainment, mode of transportation, or guided tour for which the ticket or set of tickets was intended to be vended;

      (4)   the price that the licensee paid for the ticket or set of tickets, if any; and

      (5)   if the licensee sold the ticket or set of tickets:

         (i)   whether the ticket or set of tickets were sold to a consumer or another ticket seller;

         (ii)   if the ticket or set of tickets were sold to a ticket seller, the recipient's name, address, and ticket seller license number;

         (iii)   the price the consumer or ticket seller paid for the ticket or set of tickets; and

         (iv)   the location of the sale (e.g., nearest block face, place of entertainment, plaza, or pedestrian plaza).

   (b)   Receipts. Each licensee must retain a copy of every receipt it provides to a consumer, pursuant to 6 RCNY § 5-32.

   (c)   Preservation and production of records. Each licensee must retain all records required by this section for three years and must produce such records to the Department upon the Department's request.

(Added City Record 2/27/2018, eff. 3/29/2018)

§ 2-442 Required Disclosure for Trips or Tours Involving the Statue of Liberty or Ellis Island.

Sellers of trips or tours involving the Statue of Liberty or Ellis Island that do not land at Liberty Island or Ellis Island may not possess or vend a ticket for such trip or tour unless the ticket contains the following disclosure, printed so as to be legible to the consumer in bold type of a size at least one-half as high and one-half as broad as the largest print on the ticket: "This trip or tour does not land at Liberty Island or Ellis Island." If a trip or tour lands at Liberty Island but not Ellis Island, the required disclosure must read: "This trip or tour does not land at Ellis Island." If a trip or tour lands at Ellis Island but not Liberty Island, the required disclosure must read: "This trip or tour does not land at Liberty Island." This subdivision does not apply if the trip or tour lands at both Liberty Island and Ellis Island.

(Added City Record 10/25/2019, eff. 11/24/2019)

§ 2-443 Restrictions on Ticket Sellers.

   (a)   A ticket seller must not represent or imply that a trip or tour includes a destination, perk, advantage, or benefit that the trip or tour does not actually include.

   (b)   A ticket seller must not represent or imply that payment is required for any trip or tour that may otherwise be obtained for free, including, but not limited to, the Staten Island Ferry.

(Added City Record 10/25/2019, eff. 11/24/2019)

Subchapter JJ: Electronic Cigarette Retail Dealers

§ 2-451 Definitions.

Whenever used in this subchapter:

   (a)   "Electronic Cigarette Retail Dealer" means an "Electronic Cigarette Retail Dealer" as that term is defined in § 20-560 of the Administrative Code.

(Added City Record 1/11/2019, eff. 2/10/2019)

§ 2-452 Application Process for Available Licenses within Community Districts.

   (a)   On the first business day in April and the first business day in October of each year, the Department will publish the following information for each community district in the City: (i) the community district cap; (ii) the number of current Electronic Cigarette Retail Dealer licenses; and (iii) the number of available Electronic Cigarette Retail Dealer licenses.

   (b)   (1)   For each community district where Electronic Cigarette Retail Dealer licenses are available as of the first business day of April in a given year, the Department will accept requests to apply for an Electronic Cigarette Retail Dealer license from the first business day in May until 5:00 p.m. on the last business day in May of such year.

      (2)   For each community district where Electronic Cigarette Retail Dealer licenses are available as of the first business day of October in a given year, the Department will accept requests to apply for an Electronic Cigarette Retail Dealer license from the first business day in November until 5:00 p.m. on the last business day in November of such year.

      (3)   The Department will reject any duplicate requests to apply.

   (c)   At the close of each request period, in each community district where Electronic Cigarette Retail Dealer licenses are available, the Department will randomly select from among the requesters businesses that may apply for an Electronic Cigarette Retail Dealer license and invite such businesses to apply for such license. The number of businesses selected shall be equal to the number of licenses available in that community district. An invitation to apply is only valid for the business randomly selected by the Department and may not be transferred to another business.

   (d)   Once notified by the Department, selected businesses will have 65 days from the date of notification to submit a complete application for an Electronic Cigarette Retail Dealer license. If a complete application is not received by the Department within 65 days, or the application is otherwise denied, the opportunity to apply will be forfeited, and the Department will offer the opportunity to apply to another business in the same community district that is randomly selected from the pool of requesters, and that business will have 65 days to submit a complete application.

   (e)   When the Department has issued all available licenses within each community district, the application process will be closed, and the remaining request pool will be voided. A request from any given request period will not be valid in a subsequent request period.

   (f)   Any license issued that causes the number of licenses in a community district to exceed the community district's retail dealer cap will be considered to be issued in error and voided.

   (g)   Any license issued as a result of deceptive or misleading application materials will be considered to be issued in error and voided.

(Added City Record 1/11/2019, eff. 2/10/2019; amended City Record 1/20/2023, eff. 2/19/2023)

§ 2-453 Licensing of Electronic Cigarette Retail Dealers at Residential Locations.

   (a)   An Electronic Cigarette Retail Dealer license will not be issued for use at any residential location, including any location considered a dwelling unit as that term is defined in the Housing Maintenance Code, Title 27, § 27-2004 of the New York City Administrative Code.

(Added City Record 5/19/2022, eff. 6/18/2022)