§ 1-15 Judgments.

A licensee or license applicant must satisfy any outstanding judgment against him or her that has been obtained by a consumer and that relates to activities for which a license is required:

   (a)   within thirty (30) days from the date of entry of the judgment; or

   (b)   if the judgment has been stayed or appealed, within thirty (30) days from the date the stay is lifted or the appeal decided; or

   (c)   according to a payment schedule the parties agree upon.

§ 1-16 Inspection of Records and Business Premises.

   (a)   Every licensee shall maintain the records which it is required to maintain under Chapters 1 and 2 of Title 20 of the New York City Administrative Code and the regulations promulgated thereunder, and, except as otherwise set forth in said chapters or regulations, shall retain such records for three years. Licensees shall make such records available for inspection at the offices of the Department of Consumer Affairs, or at licensee's place of business, during business hours.

   (b)   The Commissioner or authorized representatives of the Commissioner may enter the business premises of a licensee during business hours for the purposes of:

      (1)   Inspecting or examining licensee's place of business in order to verify compliance with the provisions of Chapters 1 and 2 of Title 20 of the New York City Administrative Code and the regulations promulgated thereunder; and

      (2)   Inspecting or examining any records or documents licensee is required to maintain pursuant to said chapters and regulations; and

      (3)   Inspecting or examining non-public areas of licensee's place of business for the purposes stated in paragraph (b)(1) above.

   (c)   Inspections of the type described above will be conducted at least once in every two-year period, and additional inspections will be conducted if an inspection reveals alleged violations of Chapters 1 and 2 of Title 20 of the New York City Administrative Code or the regulations promulgated thereunder. Additional inspections shall also be conducted whenever the Department receives information alleging violation of said chapters or regulations.

§ 1-17 Wearing of Badge Prohibited.

No licensee or employee or agent of such licensee shall purchase, procure, or have made, or shall wear, display, carry, possess or exhibit any badge, insignia, shield, medal, decoration or facsimile thereof that in any way denotes, suggests, implies or could lead anyone to believe it confers or represents its wearer has an official or governmental status, except when required to do so by law or rule, nor shall a licensee in any way permit, authorize, encourage, acquiesce or consent to, any employee or agent doing so.

§ 1-18 Destruction of Identification Documents Issued by the Department.

Whenever any licensee has not renewed a license upon its expiration, such former licensee must, not later than 10 business days after the expiration of such license, destroy all license and identification documents that have been issued to such licensee and to any of its employees or agents.

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

§ 1-19 Presumption of Continued Unlicensed Activity.

   (a)   Unless otherwise specified in the notice, if the Department, on notice, charges a business or individual with engaging in activity without a license required under Chapter 2 of Title 20 of the New York City Administrative Code or under provisions of state law enforced by the Department, there shall be a rebuttable presumption that the unlicensed activity continued every day, without interruption, from the date specified by the Department in the notice as the first date of unlicensed activity through the hearing date.

   (b)   The first date of unlicensed activity specified by the Department in the notice may be the date of an inspection at which unlicensed activity is identified, the date on which a previously-held license expired, was suspended or revoked, or became void by operation of law, or any other date on which unlicensed activity first occurred, such as the date the business or individual entered into a contract to conduct business for which a license was required or the first date a business or individual advertised or offered services for which a license was required.

   (c)   Regardless of the date specified by the Department in the notice, if the Department presents at the hearing a copy of a decision or order from a prior proceeding finding that the business or individual engaged in the same unlicensed activity, or a copy of a settlement from a prior proceeding resolving a charge of the same unlicensed activity, there shall be a rebuttable presumption that the unlicensed activity continued every day, without interruption, from the date of the decision, order or settlement through the date of the hearing, unless the decision, order or settlement specifically provides otherwise.

   (d)   Regardless of the date specified by the Department in the notice, if the Department presents at the hearing a copy of a decision or order from a prior proceeding revoking or suspending the license to engage in the same activity forming the basis of the charge of unlicensed activity, or a copy of a settlement from a prior proceeding that includes such license revocation or suspension, there shall be a rebuttable presumption that the unlicensed activity continued every day, without interruption, from the date following the decision, order or settlement through the date of the hearing.

   (e)   A party may present credible evidence at the hearing to rebut the presumption of continued unlicensed activity, such as written proof that the party obtained a license; receipts or other documentation indicating that merchandise was returned to distributors; written termination of leases or agreements; or photographs demonstrating the discontinuance of the unlicensed activity.

(Added City Record 9/18/2015, eff. 10/18/2015; amended City Record 2/24/2020, eff. 3/25/2020)