§ 5.07 Expiration Dates; Fees .

   (a)   Applications for permits and for renewal thereof shall be accompanied by payment of fees prescribed by the following table. Permits shall expire and be renewed in accordance with the expiration date, if any, prescribed by such table:
 

Description of Activity Under Permit	Health Code or other Law Section Reference	Fee	Date Expiration
ANIMALS:
Permit to operate a pet shop without dogs and/or cats, boarding kennel, training establishment for small animals or grooming parlor, where animals are kept overnight.	161.09(a)	$70.00	December 31
Permit to operate a pet shop with dogs and/or cats.	Admin. Code § 17-374	$300.00	Two years from date issued
Permit to operate solely a grooming parlor where animals are not kept overnight.	161.09(a)	$30.00	December 31
Permit to operate a shelter for homeless animals	161.09(b)	None	December 31
Permit to operate a stable for horses	161.09(d)	$35.00	December 31
To operate a snake farm engaged in the preparation of antivenin	161.09(e)	$70.00	December 31
BARBER SHOP:
Permit to conduct a barber shop	163.03	$15.00	October 31
Permit to operate a bathing beach or construct or maintain a bathing beach facility	167.05(a)	$595.00 for original $375.00 for renewal season	November 1
BATHING ESTABLISHMENT:
Permit to construct or maintain a bathing establishment	165.05		April 30 (November 1 if seasonal)
– without pool		$1,120.00 for original $260.00 for renewal
– with pool		$1,980.00 for original $245.00 for renewal annual $245.00 for renewal seasonal
CHILDREN'S SUMMER CAMPS:
Permit to operate any children's overnight summer camp	48.05	$200	April 1 through September 15 annually
CHILD CARE SERVICE:
Application to conduct a care service	47.03	$100.00
Permit to conduct a child care service.	47.09	$100.00 per year plus $1.00 per child	Up to two years from date of issuance
FOOD SERVICE ESTABLISHMENT:
Permit to maintain or operate a food service establishment.	81.05(c)	$280.00	One year from last day of the month in which the initial application was submitted or, in the case of a renewal, one year from date of last permit expiration
NON-RETAIL FOOD PROCESSING ESTABLISHMENT:
Permit to maintain or operate a non-retail food processing establishment.	81.05(c)	$200.00	One year from end of the month in which the initial application was submitted or, in the case of a renewal, one year from date of last permit expiration
TEMPORARY FOOD SERVICE ESTABLISHMENTS:
Permit to maintain or operate a temporary food service establishment	88.03(a)	$70.00	One year from end of the month in which the initial application was submitted or, in the case of a renewal, one year from date of last permit expiration
PRESCRIPTION FORMULA PREPARATION:
Permit to prepare prescription formula	115.05	$50.00	March 31
FROZEN DESSERTS:
Permit to manufacture and sell frozen desserts at retail	NY PHL § 225(5)(s)	$25.00 per annum	At time of expiration of associated food service establishment or mobile food vending permit.
MOBILE FOOD VENDOR LICENSE:
Food vendor license to vend, peddle, sell, offer for sale, distribute or give away food from a vehicle, pushcart, or other mobile food vending unit	89.07	Seasonal: $10 per year; Full-term; $50 for two years	Seasonal: April 1 through October 31; Full-term: two years from end of the month in which the initial application was submitted or, in the case of a renewal, two years from date of last permit expiration.
MOBILE FOOD VENDING UNIT:
Permit to maintain or operate a mobile food processing unit on or in which foods are processed or prepared, or on or in which potentially hazardous foods are handled	89.05	Seasonal: $35 per season Full-term: $200 for two years	Seasonal: April 1 through October 31; Full-term: two years from end of the month in which the initial application was submitted or, in the case of a renewal, two years from date of last permit expiration.
MOBILE FOOD UNIT:
Permit to maintain or operate a mobile food non-processing unit	89.05(a)	Seasonal: $15 per season Full-term: For first permit, $75 for first two years. For all permits after first permit, $50 for two years.	Seasonal: April 1 through October 31 Full-term: Two years from end of month in which the initial application was submitted or, in the case of a renewal, two years from date of last permit expiration.
MOBILE FOOD UNIT COMMISSARY:
Permit to maintain or operate a mobile food unit commissary which prepares and processes food for mobile food units	89.05	$200.00	One year from end of the month in which the initial application was submitted or in the case of renewal, one year from date of last permit expiration
PATHOGENS:
Permit to possess or cultivate pathogens	15.03(a)	$225.00	April 30
COMMUNITY PRIVATE SEWAGE DISPOSAL
Permit to construct and maintain private sewage disposal system involving 15 or more dwellings:	143.11
– initial permit		$1,310.00	December 31
– annual renewal		$1,870.00	December 31
RADIATION INSTALLATION:
Certified registration fee for radiation installations that possess and use radiation therapy machines capable of operation at 500 kV (photons) and/or 500 keV (electrons) and above		$600.00	30 days after billing date. Good for 5 years after date of issuance
License fee for new radiation installations that transfer, receive, possess or use radioactive materials	175.102
– Specific – Teletherapy		$1,365.00	30 days after billing date. Good for 5 years after date of issuance
– Specific – Medical		$1,350.00	30 days after billing date. Good for 5 years after date of issuance
– Specific – Other		$570.00	30 days after billing date. Good for 5 years after date of issuance
– Broad – Medical		$3,135.00	30 days after billing date. Good for 5 years after date of issuance
– Broad – Research and Development		$3,135.00	30 days after billing date. Good for 5 years after date of issuance
License renewal fee for radiation installations that transfer, receive, possess or use radioactive materials	175.102
– Specific – Teletherapy		$1,165.00	30 days after billing date. Good for 5 years after date of issuance
– Specific – Medical		$1,150.00	30 days after billing date. Good for 5 years after date of issuance
– Specific – Other		$440.00	30 days after billing date. Good for 5 years after date of issuance
– Broad – Medical		$1,520.00	30 days after billing date. Good for 5 years after date of issuance
– Broad – Research and Development		$1,520.00	30 days after billing date
– For each amendment to any of the above radiation installation licenses or renewals		$235.00	30 days after billing date
WATER SUPPLY:
Permit to engage or hold self out as engaging in the business of cleaning, painting or coating of a water tank that is part of a drinking water supply system of a building	141.09(b)	$220.00 for original $35.00 for renewal	December 31
Permit to engage or hold self out as engaging in the business of chemical treatment of the drinking water supply within a building	141.11(b)	$495.00 for original $70.00 for renewal	March 31 March 31
Permit to use water from a well located in the City:	141.17(a)
– for purposes other than drinking	141.17(b)(2)	$300.00 for original $15.00 for renewal	December 31
– for drinking	141.17(b)(1)	$1,090.00 for original $340.00 for renewal	May 31
YEAR-ROUND AFTER SCHOOL AND YOUTH CENTERS:
Permit to operate a year-round after school or youth center	48A.05	$100.00	December 31 biennially

 

   (b)   When a permit or certificate of qualification has a stated expiration date and application therefor is made when more than one-half of the fee period has expired, one-half of the prescribed fee shall be paid. This requirement does not apply, however,

      (1)   if the prescribed fee is less than ten dollars, or

      (2)   if application is being made for renewal of a permit or certificate of qualification which has expired, or

      (3)   if, in the opinion of the Department, the business, trade or occupation concerned is seasonal.

   (c)   If the permittee is a non-profit organization, the Commissioner may, in his or her discretion, waive the requirement for a permit fee.

   (d)   The fee for a food service establishment permit specified in 24 RCNY Health Code § 5.07(a) shall be all inclusive and no separate fee shall be charged for pre-permitting inspections or annual or renewal cycle inspections. Such fee shall not be refundable.

(Amended City Record 6/15/2016, eff. 7/15/2016; amended City Record 11/4/2022, eff. 12/4/2022)

§ 5.09 Registration and Certification Fees .

   (a)   If a registrant is a non-profit organization, the Commissioner, in his or her discretion, may waive the requirement for a registration fee prescribed pursuant to this section.

   (b)   Registration shall be made on forms furnished by the Department. A person required to register with the Department pursuant to any provision of this Code in addition to specific information called for by such provision shall give information, relating to the occupation, trade, business or activity concerned as the Department may require. If no registration fee or expiration date is set forth in this section, no registration fee is required but the registrant shall notify the Department whenever information furnished at the time of registration is no longer accurate.

   (c)   The Commissioner shall not register or re-register any occupation, trade, business or activity unless, on the basis of the application and other papers submitted, he/she is satisfied that there are no fines, penalties or forfeitures imposed pursuant to Section 558 of the Charter, by the OATH Health Tribunal or the Environmental Control Board for violations of this Code or other applicable law enforced by the Department which are due and payable by the registrant.

   (d)   A person registering a trained guard dog pursuant to subdivision (g) of 24 RCNY Health Code § 161.09 shall pay a registration fee of ten dollars. Such registration shall remain effective for the life of the animal unless sooner revoked.

   (e)   A person requesting a report certifying the potability of the water supply pursuant to 9 C.F.R. § 416.2 (g), or any successor rule, at a wholesale food processing establishment regulated by the U.S. Department of Agriculture shall pay an annual fee of two hundred seventy dollars for each site where a wholesale food processing establishment is conducted by such person.

   (f)   A person establishing, maintaining or operating a radiation installation required to be registered pursuant to 24 RCNY Health Code § 175.51(b) of this Code shall pay a registration fee of one hundred dollars for each installation by at least thirty (30) days prior to the expiration date specified on the registration certificate.

§ 5.10 Examination Fees. [Repealed]

§ 5.11 Permits Not Transferable; Exception .

Any purported or attempted transfer of a permit to a person not named therein as permittee or any change in the place of business stated in a permit shall void such permit. When a permit is issued to two or more individuals, to a partnership or to a group other than a partnership, and one or more of the individuals concerned ceases to be active in the conduct of the business or activity or otherwise ceases to be a permittee, the Commissioner may approve in writing, the continuation of the business or activity by the remaining permittees during the unexpired period of such permit. The permittee shall notify the Department in writing within ten (10) business days of any change in the owner(s), officers, directors, shareholders, partners or members of a permitted entity that is owned by a sole proprietor, or that is a closely held corporation or small limited liability company, or a partnership, consisting of fewer than five (5) shareholders, members or partners, who directly operate and manage the business, and serve as directors or officers of the corporation, with no outside investors. Notice of such changes shall not be required if the permittee is a publicly held corporation or limited liability company whose shareholders or members do not manage or control the entity or participate in its business activities.

§ 5.13 Conditions of Permit and Health Code to Be Observed .

   (a)   A person holding a permit, including the officers and directors of a corporation holding a permit shall comply with the conditions contained in his/her permit as well as with all applicable provisions of this Code or other law enforced by the Department.

   (b)   A person holding a permit, including the officers and directors of a corporation holding a permit, shall be jointly and severally liable for violations of the conditions of the permit or of this Code committed by employees or agents of the person or corporation when such acts are committed in the regular course of the permitted business of such person or corporation, or on the premises subject to the permit, or in the course of using the permit.

§ 5.15 Permit to Be Kept on Premises; Mutilation Prohibited .

A permit shall be kept on the premises designated on the permit. It shall be placed in a clean, transparent cover or frame and displayed in such a manner as to be clearly visible to the public. It shall be available for inspection at all times by the Department. No person shall mutilate, obstruct or tear down a permit.

§ 5.17 Permit Suspension and Revocation .

   (a)   Basis for action. A permit may be ordered suspended or revoked for:

      (1)   Willful or continued violation of this Code or for such other reason as the Commissioner or Board determines is sufficient grounds for suspension or revocation.

      (2)   The giving or offering to an employee or agent of the Department or other government agency, engaged in carrying out an inspection, survey or examination or in the performance of any other duty for the Department or such agency, a gift, gratuity, benefit, favor or bribe, including but not limited to money, food, or drink.

      (3)   Submission or display by a permittee of a forged document or other document that contains false or misleading statements, or making a false or misleading statement to the Department.

   (b)   Hearings. When permanent revocation of a permit is sought or a permitted entity is ordered to close and its permit is ordered suspended, if the Department determines that such permit should be permanently revoked, or such suspension continued, the Department shall schedule a hearing at the City Office of Administrative Trials and Hearings (OATH) within 15 days of closure. The purpose of the hearing is to allow the permittee to show cause why its continued operation is not a public health or imminent health hazard and why it should be allowed to reopen.

   (c)   Post hearing procedures. Following receipt of a copy of the report and recommendation of an OATH administrative law judge to the Commissioner, a respondent may respond to the findings and recommendations in the administrative law judge's report by submitting written comments to the Commissioner within 10 calendar days of receipt of the report, if received by e-mail or fax, or 15 days if received by mail. The Commissioner may then take such action as may be necessary, adopting all or part of the findings and recommendations, and may issue an order revoking, further suspending or reinstating the permit. If the OATH judge's recommendation is to allow the permittee to reopen, and the Commissioner adopts the recommendation, the Commissioner may impose whatever conditions he or she deems necessary for the continued safe operation of the permitted business.

   (d)   Permits to be surrendered. All permits revoked pursuant to this section or in accordance with other applicable law shall be surrendered to the Department upon receipt of the order. Permits or licenses that are not surrendered in accordance with this section may be seized by any employee or agent of the Department or officer of the New York City Police Department.

§ 5.19 Denial of Issuance or Renewal, Suspension and Revocation; When Effective; Service of Order or Notice.

   (a)   Effective date. Except as otherwise ordered by the Board, the action of the Commissioner denying issuance or renewal of a permit, or suspending or revoking a permit, shall become final five days after service of an order or other notice thereof, exclusive of the day of service, on the applicant or permittee concerned.

   (b)   Service. Service of an order or notice shall be made as follows:

      (1)   Enclosing the order or notice in a postpaid envelope directed to the applicant or permittee at the address listed in the application or permit and depositing such envelope at a United States Post Office or in a mail box or mail chute maintained by the United States Post Office; or,

      (2)   Leaving the order or notice with the applicant or permittee or, if the permittee is not an individual, with a member of the partnership or other group concerned or with an officer of the corporation; or,

      (3)   Posting the order or notice at the entrance door of the premises listed in the application or permit.