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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.
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 and 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).
Violations by third-party food delivery services accrue on a daily basis for each day and for each food service establishment with respect to which a violation is committed.
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 20-563.1 | Operating without a third-party food delivery service license | $500 | $500 | $500 | $500 | $500 | $500 |
Admin. Code § 20-563.2 | Failure to comply with requirements for the issuance of a license | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-563.3 | Failure to comply with the caps on fees | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
Admin. Code § 20-563.4 | Failure to comply with requirements for telephone orders | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-563.5 | Failure to comply with requirements for listing telephone numbers | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-563.6 | Failure to comply with requirements on unauthorized listings or requirements for the contents of agreements between third-party food delivery services and food service establishments | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-563.7 | Failure to comply with requirements on customer data | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-563.8 | Failure to comply with records requirements | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-461 | Failure to comply with license application requirements | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-462 | Failure to comply with records requirements | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-463 | Failure to comply with requirements for gratuities for food delivery workers | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-464 | Failure to comply with requirements for telephone number listings | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-465 | Failure to comply with requirements for sharing customer data | $375 | $500 | $450 | $500 | $500 | $500 |
(Added City Record 1/19/2022, eff. 2/18/2022)
Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, and any other provisions 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.
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 and subsequent violation means a violation by the same respondent, or such respondent's successor(s) as defined by section 20-564 of the Administrative Code, 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 one year of the prior violation(s).
Penalties for violations of 20-564.1(a) of the Administrative Code accrue daily for every day during which the unlicensed construction labor provider operated.
Each covered construction worker or third-party client for whom the construction labor provider did not provide a notification in accordance with section 20-564.2 constitutes a separate and distinct offense.
Each day during which a third-party client accepts the services of a covered construction worker in violation of section 20-564.4 of the Administrative Code constitutes a separate and distinct offense.
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 20-564.1(a) | Operating without a construction labor provider license | $500 per day | $500 per day | $500 per day | $500 per day | $500 per day | $500 per day |
Failure to comply with requirements for the issuance of a license | $375 | $500 | $450 | $500 | $500 | $500 | |
Admin. Code § 20-564.2 | Failure to comply with requirements for providing required notices | $250 | $250 | $500 | $500 | $500 | $500 |
Admin. Code § 20-564.3 | Failure to comply with requirements for recordkeeping | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-564.4 | Prohibition on third-party client accepting services of unlicensed construction labor provider | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-471 | Failure to comply with requirements for the issuance of a license | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-472 | Failure to comply with requirements for providing required notices | $250 | $250 | $500 | $500 | $500 | $500 |
6 RCNY § 2-473 | Failure to comply with requirements for recordkeeping | $375 | $500 | $450 | $500 | $500 | $500 |
(Added City Record 6/10/2022, eff. 7/10/2022)
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 and 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).
Each day on which an automated employment decision tool is used in violation of this section gives rise to a separate violation of subdivision a of section 20-871 of the Administrative Code.
Failure to provide any notice to a candidate or an employee in violation of paragraphs 1, 2 or 3 of subdivision b of section 20-871 of the Administrative Code shall constitute a separate violation.
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 20-871(a) | Failure to comply with requirements for use of an automated employment decision tool | $375 | $500 | $1,350 | $1,500 | $1,500 | $1,500 |
Admin. Code § 20-871(b) | Failure to comply with notice requirements related to automated employment decision tools | $375 | $500 | $1,350 | $1,500 | $1,500 | $1,500 |
(Added City Record 7/6/2022, eff. 8/5/2022)
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