§ 1-03 Display of License Sign.

   (a)   Every licensee must post conspicuously at the licensee's place of business the license sign provided by the Department that includes the license information, instructions on contacting the Department to file a complaint, and other important information for consumers as the Department deems appropriate. A licensee may post a copy of such sign at the licensee's place of business only if the original is available at such place of business for inspection by any person. A licensee having no fixed place of business must exhibit his or her license upon the request of any person.

   (b)   Reserved.

(Amended City Record 2/24/2020, eff. 3/25/2020; amended City Record 10/9/2024, eff. 11/8/2024)

§ 1-04 Making False Representations and Altering or Falsifying Department Documents.

   (a)   No licensee or employee or agent of such licensee shall make a false representation to the Department or falsify or allow to be falsified any certificate, form, signed statement, application or report required to be filed with the Department.

   (b)   No licensee or employee or agent of such licensee shall forge, counterfeit, alter, fabricate, or falsely make any document issued by the Department or purported to be issued by the Department, including, but not limited to, Department licenses, permits, and letterhead.

   (c)   No licensee or employee or agent of such licensee shall use, attempt to use, possess, obtain, accept, receive, or provide to another any document prohibited by subdivision b of this section.

   (d)   The commissioner may deny any license application or refuse to renew any license, and may, after due notice and opportunity to be heard, suspend or revoke such license, if the applicant or person holding such license, or where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning ten percent or more of the outstanding stock of the corporation, has been found to have violated subdivisions a, b, or c of this section in connection with the application or licensed business.

(Added City Record 2/24/2020, eff. 3/25/2020)

§ 1-05 License Number in Advertisements and Other Printed and Electronic Matter.

Any advertisement, letterhead, receipt, online media, website, electronic advertisement, or other printed or electronic matter of a licensee must contain the license number assigned to the licensee by the Department. If a licensee uses email to communicate with consumers, the licensee's email must contain the license number assigned to the licensee by the Department. The license number must be clearly identified as a New York City Department of Consumer Affairs license number and must be disclosed and disseminated in a lawful manner. Any telephone listing consisting solely of the name, address, and telephone number of the licensee need not specify the licensee's license number. Licensees holding licenses for more than one location must also include their respective license number(s) clearly identified as New York City Department of Consumer Affairs license number(s) on all correspondence and other matter which contains or makes reference to one or more of such licensees' licensed location(s).

(Amended City Record 2/24/2020, eff. 3/25/2020)

§ 1-06 Proof of Surety Bond.

No license or renewal shall be issued unless the licensee or applicant submits proof that every bond required by the Department for the license is in effect and does not expire prior to the end of the licensing period. Except where otherwise provided, all such bonds must allow any person aggrieved by the bondholder's breach of the conditions of the bond to proceed against the bond.

(Amended City Record 7/26/2018, eff. 8/25/2018)

§ 1-07 Liability Insurance.

Every licensee required to have liability insurance must obtain a liability insurance policy that obligates the insurer to notify the License Issuance Division of the Department if the policy is canceled or if the insured fails to renew 30 days prior to the expiration of the policy.

§ 1-08 Change of Address.

A licensee shall notify the Department in writing of any change of address within 10 days of the change. This requirement applies to the address of the licensed business, and to the residence addresses of: individual licensees; all partners of partnership licensees; and the officers and principal stockholders of corporate licensees.

§ 1-09 Late Renewal.

   (a)   Except as provided in subdivision (b), any application for a license renewal that is filed sixty days or more after the expiration date of such license will be treated as a new license application.

   (b)   Any application for a renewal of a license subject to Emergency Executive Order number 107 of 2020, received by the Department within 60 days of the effective date of this subdivision, will be treated as a renewal application.

(Amended City Record 8/22/2022, eff. 8/22/2022)

§ 1-10 Lost or Mutilated Licenses and License Plates and Lost or Stolen Records.

   (a) Lost license or license plate. A licensee shall immediately report, in an affidavit, the loss of a license or license plate issued to him or her by the Department, requesting the issuance of a new license or plate. Replacement licenses and plates are issued at the discretion of the Department.

   (b)   Mutilated license or license plate. Should a license or license plate issued by the Department to any licensee become mutilated or otherwise illegible, the holder of the license or plate shall promptly surrender it to the Department and request the issuance of a new license or plate. The request shall be made upon a form provided by the Department.

   (c)   Fee. A fee of fifteen dollars ($15) shall be charged for the issuance of a replacement license, and a fee of twenty-five dollars ($25) shall be charged for the issuance of a replacement license plate. This fee must be paid when the affidavit for a lost license or plate is filed or when a mutilated or otherwise illegible license or plate is surrendered and a request for the issuance of a new license or plate is filed. This fee will be refunded should the Department decide not to issue the replacement license or plate. This fee shall not be charged if the license or license plate is not received by the licensee and the Department receives a certification from the licensee that such license or license plate was not received within 30 days of the license or license plate being issued.

   (d)   Lost or stolen records. A licensee shall report to the Department, in an affidavit, the loss or theft of any records required to be maintained by it under Chapters 1 and 2 of Title 20 of the New York City Administrative Code, within ten calendar days of such loss or theft.

(Amended City Record 2/24/2020, eff. 3/25/2020)