Loading...
(a) The owner of each vehicle licensed to operate as a sightseeing bus shall maintain the following records pertaining to the operation and maintenance of each such bus:
(1) Records containing the following information about each of the specified components of each sightseeing bus:
(i) The total time in service of each licensed bus, each major component of the drive train, and all pollution control equipment required to be installed on such vehicle;
(ii) The current status of "life-limited" parts of the drive train and pollution control equipment installed in a vehicle. All parts on the vehicle that are not "life-limited" by the original equipment manufacturer shall be deemed "on-condition" replacement;
(iii) The time since the last overhaul of all items installed in the vehicle which are required to be overhauled on a specified time basis; and
(iv) The current inspection status of the vehicle, drive train and pollution control equipment, including the time since the last inspection required by the inspection program under which the vehicle and its components are maintained.
(2) Records of the maintenance, preventative maintenance, and alterations, and records of the scheduled inspections to be performed pursuant to the manufacturer's recommended inspection and maintenance schedule for the vehicle, drive train and pollution control equipment. Such records shall include:
(i) A description of the work performed.
(ii) The date of completion of the work performed.
(iii) The signature and printed name and employee identification number of the person approving the satisfactory completion of the required maintenance and/or inspection.
(3) A copy of the manufacturer's written recommendations prescribing the schedule for the maintenance to be performed, and for conducting periodic inspections and performing periodic maintenance and repair to keep the vehicle, drive train and pollution control equipment operating at normal operating efficiency.
(b) The records for each licensed sightseeing bus shall be kept in a paginated volume, with the vehicle identification number and the license number included on the first page. All entries shall be dated and included in chronological order.
(c) The required records shall be retained for at least three years after earliest entry in the record on each bus. The records shall be kept at the office of business which holds the license to the bus, and shall be made available on demand to personnel of the Department at such office, or shall be produced at the office of the Department within five days after demand therefore is received by such owner.
(a) A current horse drawn cab license plate shall be permanently and conspicuously affixed to the side of each vehicle and shall be sealed thereon by the Commissioner or his designee.
(b) (1) A schedule of permitted rates shall be conspicuously displayed at all times upon two signs, which shall be permanently affixed to the vehicle. These signs shall be at least six (6) inches by eight (8) inches and shall be attached to or painted on each exterior side of the vehicle. Signs must read as follows:
"MAXIMUM RATE
$50 first 20 minutes or fraction thereof;
$20.00 each additional 10 minutes.
Rates per trip – not per person.
Licensed by New York City Department of Consumer Affairs
(Insert the Department's current address and CALL 311)"
(2) The words "MAXIMUM RATE" and the dollar amounts must be written with characters at least 3/4 inch in height. The words "CALL 311" shall be written in letters at least 1/2 inch in height. All other characters must be a minimum of 1/4 inch in height. Signs shall be obtained by the licensee. The design of the signs must be submitted for approval to the Department of Consumer Affairs prior to attachment to or painting on the vehicle. The signs shall not be defaced or obscured in any manner, including complete or partial concealment by a horse blanket or otherwise. No direct or indirect charge of any kind shall be made to a passenger for any reason other than the charges permitted by law.
(3) The maximum rate authorized to be charged shall be adjusted April 30 every third year following April 2010 to reflect the change in the seasonally adjusted consumer price index published by the U.S. Department of Labor for all urban consumers for December of the year that the maximum rate is to be adjusted. The Department shall publish the adjusted rate on its web site within 15 days thereafter.
(c) A card frame shall be permanently and conspicuously affixed to the vehicle at the forward part of the passenger compartment facing the passenger's seat. Such card frame shall contain, at all times, the current horse drawn cab driver's license and Departmental inspection card.
(d) Each horse drawn cab, its harness and traces shall be clean, in good working condition, and shall be inspected at least once daily by the licensee.
(e) Each vehicle shall be available for inspection by the Department of Consumer Affairs as required by § 20-378 of the Administrative Code.
(f) Each licensee shall make repairs and alterations to the horse drawn cab as may be required by the Department of Consumer Affairs or as is necessary to maintain proper standards of comfort and safety.
(g) Each carriage horse shall be plainly and conspicuously marked by a different number, 3/4 of an inch high, permanently branded onto its left front hoof.
(h) All carriage horses shall be treated in a humane manner. An owner shall be responsible for the humane care and treatment of his carriage horses when they are under his direct supervision and control. At all other times, the owner is required to take all necessary and reasonable steps to ensure the humane care and treatment of his horses while under the direct supervision and control of a licensed driver.
(i) Each owner shall maintain complete, accurate and permanent, consecutive daily records in a bound volume, which volume shall be kept at the owner's premises. Such records shall be available at all times for inspection at the Department by the Commissioner or his designee, and shall contain the following information:
(1) Receipts from drivers;
(2) Payments to drivers;
(3) Corporation tax;
(4) Disbursements and receipts;
(5) A record of accidents incurred and public liability claims paid;
(6) Any additional information that the Department of Consumer Affairs may require by written notification to the owner relating to his horse drawn cab.
(j) Each owner shall maintain a record, in type or ink, of the identification number branded on each horse together with a description of the horse. Such record shall be available at all times for inspection at the Department by the Commissioner or his designee.
(k) Each owner shall maintain for inspection at the Department, a consecutive daily record, in a bound volume, in type or in ink, of the movements of each horse drawn cab and horse, as follows:
(1) Driver's name;
(2) Driver's identification;
(3) Horse's identification number;
(4) Vehicle license plate number;
(5) Exact time of leaving the stable;
(6) Exact time of return to the stable.
(l) No owner shall permit any one horse to be in harness more than 10 hours in any continuous 24 hour period. If more than one driver is assigned to the same horse in any continuous 24 hour period, the records shall indicate the time each driver and horse left and returned to the stable.
(m) Each applicant for a horse drawn cab driver's license must meet the following requirements:
(1) Be at least 18 years of age;
(2) Have good eyesight, be in good physical condition and not be subject to any infirmity of body or mind which might render him unfit for the safe operation of the vehicle; (3) Be able to sufficiently speak and write the English language to carry out the duties required of a licensed horse drawn cab driver;
(4) Be clean in dress and not addicted to the use of drugs or intoxicating liquors;
(5) Be a person of good character.
(n) Each applicant for a horse drawn cab driver's license shall be required to satisfactorily establish that he knows:
(1) The applicable Department of Consumer Affairs regulations:
(2) The applicable traffic regulations;
(3) The geography of Central Park and its ingress and egress routes;
(4) And has mastered the proper care, handling and driving of carriage horses.
(o) Each applicant for a horse drawn cab driver's license must apprentice himself to a fully-qualified, licensed horse drawn cab driver for five days. Such apprenticeship requires the applicant to:
(1) Learn the proper method of fitting a harness to a horse and hitching and unhitching a properly harnessed horse to a carriage;
(2) Ride with a licensed driver for the first three days to observe proper handling and driving of a horse drawn cab; and
(3) Drive the horse drawn cab under the licensed driver's supervision for the last two days of the apprenticeship. Upon completion of such apprenticeship, each applicant shall file with the Department a sworn statement from the licensed horse drawn cab driver that the applicant has satisfactorily completed his apprenticeship.
(p) Each horse drawn cab driver shall:
(1) Keep the interior of the vehicle clean;
(2) Inspect the vehicle and its equipment at least once daily to determine that it is mechanically fit and in good working order;
(3) Report all accidents as required by the Vehicle and Traffic Law and report each accident to the owner;
(4) Conspicuously post his current license in the card frame attached to the vehicle;
(5) Upon request of any passenger, after payment of fare, deliver a written receipt indicating the amount of fare paid. This receipt shall become the property of the passenger and shall not be collected or taken from him;
(6) Thoroughly search the interior of the vehicle after termination of each trip for any article left or lost in the vehicle. Any such property shall be immediately taken to the stationhouse in the police precinct where the passenger or passengers were discharged;
(7) At all times be responsible for the proper and humane care and treatment of the horse under his direct supervision and control.
(q) No horse drawn cab driver shall:
(1) Solicit or recommend patronage for restaurants, nightclubs, cabarets, dance halls, hotels, or similar places, nor solicit for or recommend any place maintained in violation of law;
(2) Sell or offer for sale articles or merchandise or literature to the passengers in his vehicle;
(3) Operate the vehicle for more than 12 hours within any 20 hour period.
(4) After leaving the starting point, receive additional passengers between such starting point and the ultimate destination, or operate on any route other than the prescribed route, when such a route is designated;
(5) Abandon his vehicle, permit another to drive it for him, except an apprentice, or permit any passenger to ride on the driver's seat;
(6) Operate the vehicle while under the influence of intoxicating liquors or drugs;
(7) Carry more than four passengers in the vehicle at any one time.
(r) Each horse drawn cab driver shall maintain a daily log listing the time each fare commenced, the route travelled, the number of passengers, the time each fare ended and the amount charged. At the end of each day, the log shall be given to the owner to be retained and made available at all times for inspection at the Department by the Commissioner or his designee.
(s) Each horse drawn cab that is driven upon a public highway, path or street from one half hour after sunset to one half hour before sunrise and at such other times as visibility for a distance of three hundred fifty feet ahead of such vehicle is not clear, shall display:
(1) at least two lighted lamps on the front of the vehicle, one on each side, having light sources of equal power and visible from the front for a distance of at least three hundred fifty feet;
(2) at least one lighted lamp on the rear, located between the center and the left side of the vehicle, which shall display a red or amber fixed or flashing light visible from the rear for a distance of at least five hundred feet, and at least one lighted lamp affixed on the rear axle near where the horse drawn cab license is affixed; and
(3) reflective material upon the shafts of the vehicle or other parts thereof which shall normally parallel the body, head or legs of the horse pulling such vehicle.
Subchapter V: Home Improvement Business
(a) As used in this section, the term "financial institution" means a bank, trust company, savings bank, or state or federal savings and loan association located in this state.
(b) Every person who applies for a license or for a renewal for a license to solicit, canvass, sell, perform or obtain a home improvement contract as a contractor on or after June 25, 1996 shall submit with the application for such license a true copy of either:
(1) An account statement from a financial institution where the applicant has established an escrow account to comply with the requirements of paragraph (a) of subdivision 4 of § 71-a of the lien law and a notarized statement sworn to by the applicant in which the applicant identifies the account for which the statement is issued by the name and address of the financial institution that holds the account, the name of the account holder, which shall be the same as the name of the applicant, and the account number provided by the financial institution, and the applicant affirms that it is the account that has been established for the purpose of complying with such requirements of the state lien law. The account statement filed with the application shall be a statement issued by the financial institution within the preceding 60 days of the date of the application; or
(2) A commitment from a surety company licensed in this state under which such surety company is irrevocably bound to issue to the applicant during the term of the applicant's license a bond or contract of indemnity if the applicant elects to post a bond or contract of indemnity with an owner pursuant to paragraph b of subdivision 4 of § 71-a of the lien law, or a commitment from a financial institution under which such institution is irrevocably bound to issue to the applicant during the term of the applicant's license an irrevocable letter of credit if the applicant elects to furnish a letter of credit to an owner pursuant to paragraph b of subdivision 4 of § 71-a of the lien law.
(a) Every agreement to perform a home improvement shall be evidenced by a written contract signed by all the parties to the contract and each home improvement contractor shall furnish to the buyer a fully completed legible copy of the entire home improvement contract at the time of its execution and before any work is done. The home improvement contract shall be legible, in plain English and any other language, that was principally used in the oral sales presentation. The contract shall contain all of the following:
(1) the date of the transaction, the contractor's name, office address, telephone number and license number.
(2) the approximate dates, or estimated dates, when the work will begin and be substantially completed, including a statement of any contingencies that would materially change the approximate or estimated completion date. In addition to the estimated or approximate dates, the contract shall also specify whether or not the contractor and the owner have determined a definite completion date to be of the essence.
(3) a description of the work to be performed, the materials to be provided to the owner, including make, model number or any other identifying information, and the agreed upon consideration for the work and materials.
(4) a notice to the owner purchasing the home improvement that the contractor or subcontractor who performs on the contract and is not paid may have a claim against the owner which may be enforced against the property in accordance with the applicable lien laws.
(5) a notice to the owner purchasing the home improvement that the home improvement contractor is legally required to deposit all payments received prior to completion in accordance with subdivision four of § 71-a of the New York State Lien and that, in lieu of such deposit, the home improvement contractor may post a bond or contract of indemnity with the owner guaranteeing the return or proper application of such payments to the purposes of the contract.
(6) if the contract provides for one or more progress payments to be paid to the home improvement contractor by the owner before substantial completion of the work, a schedule of such progress payments showing the amount of each payment, as a sum in dollars and cents, and specifically identifying the state of completion of the work or services to be performed, including any materials to be supplied before each such progress payment is due. The amount of any such progress payments shall bear a reasonable relationship to the amount of work to be performed, materials to be purchased, or expenses for which the contractor would be obligated at the time of payment.
(7) any advertised representation including, but not limited to, any charge, guaranty, or warranty, shall be clearly stated and made a part of the home improvement contract.
(8) a clause wherein the contractor agrees to furnish the buyer with a certificate of Workers' Compensation Insurance prior to commencement of work pursuant to the contract.
(9) a clause wherein the contractor agrees to procure all permits required by local law.
(10) in immediate proximity to the space reserved in the contract for the signature of the buyer, in bold face type a minimum size of 10 points, a statement in the following form:
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
(b) The contractor shall furnish to the buyer at the time s/he signs the home improvement contract a separate completed form in duplicate captioned "NOTICE OF CANCELLATION" which shall be attached to the contract and easily detachable, and which shall contain in ten point bold face type, in English and in any other language used in the contract; the name and address of the contractor, the date of the transaction, the date until which buyer may give notice of cancellation, and the following statement:
NOTICE OF CANCELLATION
(enter date of transaction)
______________________
(Date)
(Date)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (Name of seller), AT (address of seller's place of business) NOT LATER THAN MIDNIGHT OF
______________________.
(Date)
(Date)
I HEREBY CANCEL THIS TRANSACTION.
______________________
(Date)
(Date)
______________________
(Buyer's Signature)
(Buyer's Signature)
(c) Cancellation occurs when written notice of cancellation is given to the home improvement contractor. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the owner not to be bound.
(d) The contractor shall inform the buyer orally, at the time s/he signs the contract, of his or her right to cancel.
(e) The contractor shall not misrepresent in any manner the buyer's right to cancel.
(f) Until the contractor has complied with 6 RCNY §§ 2-221(a)(10) and 2-221(b) the buyer or any other person obligated for any part of the contract price may cancel the home improvement contract by notifying the contractor at any time, in any manner and by any means of his or her intention to cancel. The period prescribed by 6 RCNY § 2-221(a)(10) shall begin to run from the time the contractor complies with 6 RCNY §§ 2-221(a)(10) and 2-221(b).
(g) The buyer's notice of cancellation to the contractor need not take the form prescribed and shall be sufficient if it indicates the buyer's intention not to be bound.
(h) The contractor shall not fail or refuse to honor any valid notice of cancellation by the buyer and within ten business days after the receipt of such notice, the contractor shall
(1) refund all payments made under the contract;
(2) cancel and return any negotiable instrument executed by the buyer in connection with the contract;
(3) take any action necessary or appropriate to terminate promptly any security interest created in the transaction; and
(4) within ten business days of receipt of the buyer's notice of cancellation the contractor shall notify the buyer whether the contractor intends to repossess or to abandon any shipped or delivered materials.
(i) The contractor shall not negotiate, sell, transfer or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the contract was signed.
(j) A home improvement contract may not be cancelled if the buyer initiated the contract and requested commencement of work without delay because of an emergency, provided that the buyer furnishes the contractor with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the contract within three business days.
(k) For purposes of this section a business day is any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.
(Amended City Record 12/1/2020, eff. 12/31/2020)
(a) License number. All advertising and sales literature must contain the license number of the contractor. For purposes of this section, an alphabetical listing in a telephone directory shall not be considered advertising.
(b) Prices and illustrations. Prices and descriptions of articles advertised shall be so placed in relation to any illustration that they will not be deceptive or misleading. An advertisement shall not be so designed as to give the impression that the price or terms of the featured merchandise apply to other merchandise in the advertisement when such is not the fact. An advertisement shall not be used which features merchandise at a price or terms boldly displayed, together with illustrations of higher-priced merchandise, so arranged as to give the impression that the lower price or more favorable terms apply to the higher priced merchandise, when such is not the fact.
(c) Headlines. Headings shall be free from exaggeration or deception. For example, a heading which refers to a different make, brand, grade, or quality than the item or items illustrated or listed immediately, therewith shall not be used. Headings and captions shall conform with the descriptions in the text.
(d) "Savings" not a selling price. A savings claim shall not be expressed in any manner which implies that the amount specified is the selling price of the merchandise.
(e) Descriptions and illustrations of advertised items or offers shall accurately portray the products to be sold as to size, quality, quantity and design.
(f) Materials. Any description in advertising or selling of materials to be furnished shall be accurate and there shall be no statement or implication that material will be of a particular type when such is not in fact the case.
(g) Advertised price, limitations. When a price or specific credit terms are featured in an advertisement, the advertisement shall accurately describe what is being offered at that price or terms (e.g. Where an item such as "10 feet by 16 feet Extension," "10 feet by 15 feet Basement," etc., is featured at a price or specific credit terms, this shall mean that a finished extension, basement, etc., will be built at the advertised price or terms). Any limitations or conditions on what will be supplied at the featured price or on credit terms shall be clearly and conspicuously stated in immediate conjunction with the featured statement (e.g.: "14 feet by 21 feet Frame Garage-Unpainted," "10 feet by 15 feet Extension – Shell Only.").
(h) Installation charge. If installation is extra, the advertising shall clearly and conspicuously disclose the fact in immediate conjunction therewith. For example:
"Installation extra"
"Plus installation"
"Installation at extra cost"
"Plus installation"
"Installation at extra cost"
(i) Accessories and extra charge. If the price advertised does not include all of the accessories which either appear in the advertisement, or which are necessary to effect proper installation and the use of the item (such as hardware, panels, frames, etc.), the advertisement shall state that fact clearly and prominently in dose conjunction with the advertised price. Extra charges shall not be used as a device to disguise the actual selling price of merchandise.
(j) Delivery charges. If an extra charge is required to make delivery of any advertised home improvement or part thereof, such requirement shall be clearly and conspicuously stated in the advertisement.
(k) "Factory to you," "No dealers." General statements such as "Factory to You," "Direct to You," "Buy from Manufacturer," "Save the Middleman's Profit," or phrases of similar meaning shall not be used unless the advertiser is actually the maker or producer of the merchandise advertised or offered for sale.
(l) Guaranty or warranty. If reference is made to a guaranty or warranty or the word "guaranteed" or "warranteed" is used, the terms, conditions, and period of time covered thereby shall be clearly and conspicuously disclosed in the advertisement. The terms shall indicate whether "labor and material only," "repair," "replacement," or "full (partial) refund" is offered. Any limitations shall be disclosed in the advertisement.
(m) Reasonable fulfillment, "Lifetime." Guaranty shall not extend for a period of time beyond the normal life of the item or service, or in the case of guarantees against defective materials and workmanship, beyond the time within which defective materials and workmanship are likely to show up. "Lifetime" and other long-term guarantees shall not be made.
(n) Credit and credit charges. All statement and claims regarding installment buying plans, and finance, credit service, carrying or service charges, etc., including references to down-payments and amounts and frequency of payments, shall be accurate and dearly understandable, and made in good faith.
(o) Credit terms. Where any repayment price is offered, it shall be stated in specific amounts per month.
(p) Price reductions. Claims which state or imply a price reduction or savings from the advertiser's previous price, whether as a dollar amount or percentage, must be based on the advertiser's usual and customary selling price for the item in the normal and regular course of his or her business. Such claims shall not be based on isolated or infrequent sales, on fictitious list prices, or by "guesstimating."
(q) Phrases featuring a sale with a stated time limitation (e.g. "3-Day Sale") shall be used only when the advertised items are to be taken off sale and will revert to a higher price for a reasonable length of time, immediately following the sale.
(r) Claimed results. Claims as to performance, protection, results which will be obtained by or realized from a particular home improvement product or service shall be based on known and provable facts. Extravagant claims such as "cuts fuel bill 30 percent," "outlasts . . ." the accuracy of which is dependent on factors over which the advertiser or seller has no control, should not be used.
(s) Model home and referral offers. No advertisement shall promise to any buyer or prospective buyer that his or her dwelling will serve as a so-called "model home" or "advertising job," or other similar representation, wherein the buyer or prospective buyer is led into believing that s/he will be paid a commission or other compensation for any sale made in the vicinity or within any specified distance from his or her home, or that the cost of the purchase of any home improvement product or service will thereby be reduced or fully paid.
(t) Insured and bonded. Where claims of being insured or bonded appear in an advertisement, the nature of the insurance or bond shall be distinctly stated in the advertisement.
(u) Pricing. If a price ("per square foot," or other basis) is quoted in the advertising of residential aluminum siding which does not include all costs for labor, parts, and accessories for the proper functioning and appearance of such installed product (e.g. starter-strips, door and window trim, window head flashing, back-up pieces and corner pieces), it shall be clearly and conspicuously qualified in conjunction therewith by some explanatory statement, such as "Panels Only – Necessary Accessories at Extra Cost."
Loading...