§ 1-19 Presumption of Continued Unlicensed Activity.
RCNY § 1-19
(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)
