§ 11-22 Fines and Penalties.
RCNY § 11-22
(a)The Commission may issue a notice of violation to any person, including a wholesale business, market business, or wholesale trade association, or any of their principals, employees, agents or officers, for the violation of any provision of Chapter 1-B of Title 22 of the Code or this subchapter. Any person who violates any such provision shall be subject to the civil and criminal fines and penalties and injunctive relief as provided in § 22-258 of the Code.
(b)A wholesale business, market business, or wholesale trade association shall be jointly and severally liable for any violation of Chapter 1-B of Title 22 of the Code or of this subchapter committed by any of its officers, employees and/or agents acting within the scope of their employment.
(c)All penalties are in dollar amounts. Repeat penalties apply to violations of the same subdivision penalty schedule description. Second, third, fourth, fifth and subsequent ("subs.") violations are defined as a violation by the same respondent on a date within five years of the date of occurrence of the previous violation.
(d)An asterisk (*) in the penalty schedule denotes availability of a mail-in penalty. Mail-in penalties are only available for a first offense. Where a mail-in penalty exists in this penalty schedule for the cited violation, a respondent may admit to the violation charged and pay the penalty by mail in the manner and time directed by the summons. Payment in full is deemed an admission of liability and no further hearing or appeal will be allowed. Where a respondent is permitted to admit and pay by mail but fails to do so prior to the original hearing date written on the violation, the respondent will have the option of paying the mail-in penalty, plus a late admit fee of $30.00, within 30 days of the mailing date of the default order issued against respondent.
(e)The table below sets forth the penalties imposed in connection with summonses issued by the Commission in public wholesale markets. Particular violations are classified as indicated in the following table: Code / Rule SectionDescriptionMail-In Penalty1st Offense Penalty After HearingRepeat PenaltyDefault PenaltyCode / Rule SectionDescriptionMail-In Penalty1st Offense Penalty After HearingRepeat PenaltyDefault Penalty17 RCNY § 11-06(a)Failure to obtain identification cardNone$3502nd $7503rd $1,500Subs. $3,000$10,00017 RCNY § 11-06(c)*Failure to produce ID card upon demand$250$5002nd $5003rd $1,0004th $2,5005th $5,000Subs. $10,000$10,00017 RCNY § 11-09(a)*Improper transfer of registration number$3,000$5,000Subs. $10,000$10,00017 RCNY § 11-09(b)*Failure to affix and prominently display registration certificate$500$1,0002nd $1,5003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 11-09(c)*Failure to maintain books, records, etc.$1,500$2,5002nd $3,0003rd $5,000Subs. $10,000$10,00017 RCNY § 11-09(c)*Failure to retain books, records, etc., and make available for inspection$500$7502nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 11-15(a)*Failure to notify Commission of material changes of info submitted in application$1,500$2,5002nd $5,000Subs. $10,000$10,00017 RCNY § 11-16(c)*Unauthorized sublease of registration number, premises, and/or business$3,000$5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(1)*Interference with lawful duties of Market Manager or his/her staffNone$10,000Subs. $10,000$10,00017 RCNY § 11-19(a)(1)*Interference with/obstruction of orderly function of Market$3,000$5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(2)*Interference with/obstruction of any operation, etc., of registrant$750$1,0002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(3)*Improper disposal of litter, rubbish, or refuse$250$3502nd $5003rd $1,000Subs. $10,000$10,00017 RCNY § 11-19(a)(4)*Public urination and/or defecation$350$5002nd $1,5003rd $3,500Subs. $10,000$10,00017 RCNY § 11-19(a)(5)*Improper damage, removal, or destruction of property$500$1,0002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(6)*Engagement/instigation of fight or other disturbance$1,000$1,5002nd $3,5003rd $7,000Subs. $10,000$10,00017 RCNY § 11-19(a)(7)*Commission of any act injurious to any person, animal or property$1,000$1,5002nd $3,5003rd $7,000Subs. $10,000$10,00017 RCNY § 11-19(a)(8)*Possession of dangerous instruments and/or explosives$1,000$1,5002nd $3,5003rd $7,000Subs. $10,000$10,00017 RCNY § 11-19(a)(9)*Gambling$250$3502nd $1,5003rd $3,0004th $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(10)*Misrepresentation of merchandise offered for sale$500$1,0002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(11)*Sale of prohibited items $750$1,5002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(12)*Discharge into tidal water, sewage, or drainage that may result in the pollution of water$250$5002nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(13)*Causing damage to or clogging of drains or sewers$250$5002nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(14)*Disobeyance of lawful order of employee of Commission or City$750$1,5002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(a)(14)*Violation any lawful notice of Commission or other City agency$750$1,5002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(b)(3)*Conducting of business using unregistered name$3,000$5,000Subs. $10,000$10,00017 RCNY § 11-19(b)(4)*Violation of any applicable Federal, State, or City law or regulation$1,000$1,5002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(b)(8)*Threat or attempt to intimidate any customer$1,500$3,0002nd $5,0003rd $7,500Subs. $10,000$10,00017 RCNY § 11-19(b)(11)*Employment of individuals without approved ID cards None$5002nd $750Subs. $1,000$10,00017 RCNY § 11-19(b)(12)*Use of unregistered/uninsured vehicle$500$7502nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 11-19(b)(13)*Engagement in an unfair labor practice$1,000$1,5002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 11-19(b)(15)*Violation or failure to comply with any order or directive of the Commission$375$5002nd $7503rd $1,000Subs. $10,000$10,00017 RCNY § 11-25(a)*Failure to obey and/or comply with traffic directions$250$5002nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 11-25(b)*Obstruction of traffic$250$5002nd $7503rd $1,0004th $2,5005th $5,000Subs. $10,000$10,00017 RCNY § 11-25(c)*Failure to remove disabled vehicle$250$5002nd $7503rd $1,0004th $2,5005th $5,000Subs. $10,000$10,00017 RCNY § 11-25(e)*Failure to comply with traffic laws$500$1,0002nd $2,5003rd $5,000Subs. $10,000$10,000Admin. Code § 22-252(a)Failure to obtain identification cardNone$5002nd $1,5003rd $2,500Subs. $5,000$5,000Admin. Code § 22-253(a)Failure to register wholesale and/or market businessesNone$1,0002nd $2,500Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease using registration certificate and/or numberNone$5,000Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease using identification cardNone$1,5002nd $2,500Subs. $5,000$5,000 (Amended City Record 10/17/2018, eff. 11/16/2018; amended City Record 10/28/2019, eff. 11/27/2019)
