§ 1-11 Ratification of Minor Rules Violations.
RCNY § 1-11
(a)Prior to Registration. If, prior to registration, it is determined by the concession manager that a violation of these Rules has occurred and the violation has been deemed to have had no significant, adverse impact on the competitive process, then as soon as practicable after discovery, the concession manager shall either: (i) Revise the concession to comply with these Rules, or (ii) If the minor Rules violation(s) cannot be corrected to comply with these Rules, make a written application to the CCPO, who may ratify the concession provided it is in the best interest of the City to do so, and provided such ratification will not violate any law applicable to the concession process. Such application and ratification shall include the justification(s) therefor. The CCPO shall provide a copy of the application to each member of the Committee, and may not ratify the concession prior to the expiration of 10 business days from the date such copies are received. If an application is made prior to public hearing and/or FCRC meeting regarding the concession, if any, the Committee shall be informed of such application before such hearing or meeting.
(b)After Registration. If, after registration, it is determined that a concession is in violation of these Rules: (i) If the selected concessionaire has not acted fraudulently or in bad faith: (A) The minor Rules violation may be ratified and the concession affirmed, provided it is determined by the concession manager and approved by the CCPO that doing so is in the best interests of the City and provided such ratification will not violate any law applicable to the concession process; such determination and approval shall include the justification(s) therefor; and provided further that the CCPO shall provide a copy of the determination to each member of the Committee, and may not affirm the concession prior to the expiration of 10 business days from the date that such copies are received, or (B) The concession may be terminated by the concession manager in accordance with applicable law or contract terms.
(ii)If the selected concessionaire has acted fraudulently or in bad faith: (A) The concession may be declared null and void by the concession manager; in such event the concessionaire's name shall be entered as a caution in the PASSPort database, or (B) The minor Rules violation may be ratified and the concession affirmed, provided it is determined by the concession manager and approved by the CCPO that doing so is in the best interests of the City, including the reasons therefor and provided such ratification will not violate any law applicable to the concession process. The CCPO shall provide a copy of the determination to each member of the Committee, and may not affirm the concession prior to the expiration of 5 business days from the date such copies are received. Such ratification shall not prejudice the City's rights to damages as may be appropriate.
(c)Public Notice. Notice of the ratification of a minor Rules violation shall be submitted to the Committee and published at least once in the City Record within 15 days after the CCPO's ratification determination and posted on the City's website in a location that is accessible by the public simultaneously with its publication. Such notice shall include the name of the concessionaire (when applicable); a brief description of the concession; the dollar amount; the duration of the concession; and the nature of and justification for the ratification of the rules violation.
(d)Standard. In no event shall the failure to (1) have a required public hearing, (2) receive required Committee approval, or (3) advertise a public hearing or Committee meeting required for the concession for which the Concession Manager is seeking such ratification or affirmation be considered a minor Rules violation that may be ratified or affirmed. (Amended City Record 10/29/2025, eff. 11/28/2025)
