§ 12-27 Fines and Penalties.
RCNY § 12-27
(a)The Commission may issue a notice of violation to any person, including a loading or unloading business, wholesale seafood business, seafood delivery business, or any of their principals, employees, agents or officers, for the violation of any provision of Chapter 1-A of Title 22 of the Code or of 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 § 22-215 of the Code.
(b)A loading or unloading business, wholesale seafood business or seafood delivery business shall be jointly and severally liable for any violation of Chapter 1-A 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 with a date of occurrence within five years of the date of occurrence of the previous violation.
(d)An asterisk (*) below 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 respondent is permitted to admit and pay by mail but fails to do so before 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 returnable. Particular violations shall be classified as indicated in the following table: Code/Rule SectionDescription1st Offense PenaltyRepeat PenaltyDefault PenaltyCode/Rule SectionDescription1st Offense PenaltyRepeat PenaltyDefault Penalty17 RCNY § 12-04(a)Failed to obtain identification card$3502nd $7503rd $1,500Subs. $3,000$10,00017 RCNY § 12-04(f)Failed to display identification card$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-06(a)Operated an unloading business without a license$2,5002nd $5,000Subs. $7,500$10,00017 RCNY § 12-06(b)Operated a loading business without a license$2,5002nd $5,000Subs. $7,500$10,00017 RCNY § 12-10(a)Failed to maintain required insurance (Licensee)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-10(b)Unauthorized transfer of license$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-11Failed to comply with conditions in unloading license$5002nd $7503rd $1,000Subs. $2,500$10,00017 RCNY § 12-11(a)(3) / (b)(1)Unloaded outside approved, designated and/or assigned areas$1002nd $2503rd $500Subs. $1,000$10,00017 RCNY § 12-11(b)(3)Failed to unload in required order$5002nd $7503rd $1,000Subs. $2,500$10,00017 RCNY § 12-11(b)(4)Refused to unload trucks in approved or assigned unloading area$5002nd $7503rd $1,000Subs. $2,500$10,00017 RCNY § 12-11(c)(1)Charged rates in excess of those specified in unloading license (Unloader)$1,0002nd $1,5003rd $2,000Subs. $3,000$10,00017 RCNY § 12-11(c)(1)Failed to post rates in appropriate locations (Unloader)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-11(c)(2)Failed to verify bill of lading/obtain signature/record license number (Unloader)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-11(c)(3)Failed to keep/make available weekly records (Unloader)$5002nd $1,0003rd $1,500Subs. $3,000$10,00017 RCNY § 12-11(d)(1)Unloader engaged in business/activity interfering with unloading business (Unloader)$1,0002nd $1,5003rd $2,500Subs. $5,000$10,00017 RCNY § 12-11(d)(2)Interfered with market manager (Unloader)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-11(d)(2)Obstructed unloading process (Unloader)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-11(d)(3)Requested/accepted unauthorized fees and/or gratuities (Unloader)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-11(d)(3)Charged unauthorized fees (Unloader)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-11(d)(5)(xi)Violated or failed to comply with any order or directive of the Commission (Unloader)$5002nd $750Subs $1,000$10,00017 RCNY § 12-12Failed to comply with loading license conditions (Loader)$5002nd $1,0003rd $1,500Subs. $3,000$10,00017 RCNY § 12-12(a)(1)Failed to post copies of rates (Loader)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-12(a)(2)Charged rates in excess of those specified in loading license (Loader)$5002nd $1,0003rd $1,500Subs. $3,000$10,00017 RCNY § 12-12(b)(1)Unauthorized use of a loading area (Loader)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-12(b)(2)Loaded outside designated hours (Loader)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-12(c)(3)Charged fees not specified in license (Loader)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-12(c)(3)Solicited or accepted unauthorized gratuities (Loader)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-12(c)(5)Refused to perform loading services when space is available (Loader)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-12(c)(6)Forced another to use or prevented another from using loading services (Loader)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-12(c)(6)Solicited, threatened, and/or agreed to refuse loading services (Loader)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-12(c)(7)Moved or interfered with any vehicle (Loader)$2502nd $5003rd $1,000Subs. $3,000$10,00017 RCNY § 12-12(c)(9)(xi)Violated or failed to comply with any order or directive of the Commission (Loader)$5002nd $750Subs $1,000$10,00017 RCNY § 12-13(a)/(b)Operated wholesale seafood or seafood delivery business without registration from Commission$2,5002nd $5,000Subs. $7,500$10,00017 RCNY § 12-15(b)(2)Failed to affix and prominently display name and/or registration number (Wholesaler)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-15(c)(1)Failed to keep and/or make available records, bills, etc. (Wholesaler)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-15(d)Failed to submit proof of worker's compensation coverage (Wholesaler)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-15(g)Failed to procure/maintain payment bond (Wholesaler)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-16(a)Operated a seafood delivery operation in non-designated area (Deliverer)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-16(b)(1)Failed to possess a valid driver's license as required by Vehicle and Traffic Law (Deliverer)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-16(b)(2)Operated vehicle without a valid registration, inspection sticker and/or insurance card (Deliverer)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-16(b)(2)Failed to display sticker on vehicle (Deliverer)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-16(e)/(f)Failed to maintain required liability insurance (Wholesaler/Deliverer)$5002nd $7503rd $1,000Subs. $3,000$10,00017 RCNY § 12-16(c)Offered seafood for resale to public without wholesale registration (Deliverer)$1,5002nd $2,500Subs. $5,000$10,00017 RCNY § 12-16(c)Offered seafood for resale to public without wholesale registration (Deliverer)$1,5002nd $2,500Subs. $5,000$10,00017 RCNY § 12-17(a)Failed to comply with order of market manager regarding safety/order/health in market area$1,5002nd $2,500Subs. $5,000$10,00017 RCNY § 12-18(a)(1)Committed an act prohibited in the seafood distribution area$1,0002nd $2,500Subs. $5,000$10,00017 RCNY § 12-18(a)(2)Interfered, or attempted to interfere with, or otherwise obstructed any operations or property of any other person with the market $1,0002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 12-18(a)(3)Took into or discharged into or on any market any rubbish, litter, or refuse $3502nd $5003rd $1,000Subs. $10,000$10,00017 RCNY § 12-18(a)(4)Urinated or defecated in any market, or in or upon any market building or structure $5002nd $1,5003rd $3,500Subs. $10,000$10,00017 RCNY § 12-18(a)(6)Violated any other order of the market manager issued in accordance with Chapter 1-A of Title 22 of the Code or Title 17 of RCNY not covered by 17 RCNY § 12-17 $1,5002nd $2,500Subs. $5,000$10,00017 RCNY § 12-18(a)(7)Violated any applicable federal, state or local law or regulation regarding the handling of seafood $5002nd $1,5003rd $3,500Subs. $10,000$10,00017 RCNY § 12-18(a)(8)Made a misrepresentation of any kind with respect to merchandise offered for sale or take any unfair advantage of a purchaser or any attempt to take such unfair advantage $1,0002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 12-18(a)(9)Sold in any market any merchandise that the Commission has prohibited to be sold $1,5002nd $2,5003rd $5,000Subs. $10,000$10,00017 RCNY § 12-18(a)(10)Discharged into or leave in tidal water, sewage or drainage that may result in the pollution of water $5002nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 12-18(a)(11)Performed any act that may tend to damage or clog drains or sewers $5002nd $1,0003rd $2,5004th $5,000Subs. $10,000$10,00017 RCNY § 12-18(a)(12)Provided false or misleading information to the Commission $1,5002nd $2,500Subs. $5,000$10,00017 RCNY § 12-18(a)(13)Employment of individuals without approved ID cards $5002nd $750Subs. $1,000$10,00017 RCNY § 12-19Committed an act prohibited to wholesalers and seafood deliverers in the seafood distribution area$1,5002nd $3,000Subs. $7,500$10,00017 RCNY § 12-19(a)Solicited unloader to unload out of order (Wholesaler)$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-19(c)Authorized another to use business name (Wholesaler)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-19(c)Unauthorized transfer of registration number (Wholesaler)$1,0002nd $2,500Subs. $5,000$10,00017 RCNY § 12-19(d)Authorized another to use registration number (Wholesaler)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-19(e)Subleased or allowed use of premises by unregistered person (Wholesaler)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-19(e)Allowed another to place seafood in stand space (Wholesaler)$1,0002nd $2,500Subs. $5,000$10,00017 RCNY § 12-19(f)Conducted business under unregistered name (Wholesaler)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-19(g)Discard of seafood in violation of applicable federal, state, and city regulations (Wholesaler)$1,5002nd $3,000Subs. $5,000$10,00017 RCNY § 12-19(o)Violation or failure to comply with any order or directive of the Commission (Wholesaler/Deliverer)$5002nd $750Subs $1,000$10,00017 RCNY § 12-21(a)Failure to notify Commission of changes in registration information (Wholesaler/Deliverer)$5002nd $1,0003rd $2,500Subs. $5,000$10,00017 RCNY § 12-21(a)/(b)Failure to notify Commission of material change in license information (Licensee)$1,0002nd $1,5003rd $2,500Subs. $5,000$10,00017 RCNY § 12-21(c)Failure by licensee to provide notice of addition of principal$1,0002nd $2,0003rd $3,000Subs. $5,000$10,00017 RCNY § 12-21(c)Failure to notify Commission of proposed addition of principal$1,0002nd $1,5003rd $2,500Subs. $5,000$10,00017 RCNY § 12-23(c)Failure to surrender license upon suspension or revocation$2,500Subs. $5,000$10,00017 RCNY § 12-23(c)Failure to surrender identification card upon suspension/revocation of registration (Wholesaler/Deliverer)$1,0002nd $2,500Subs. $5,000$10,00017 RCNY § 12-23(d)Failure to surrender photo identification card$1,0002nd $2,5003rd $5,000$10,00017 RCNY § 12-30(a)Failure to obey and comply with any traffic direction of any police officer or employee of the Commission$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-30(b)Obstruction of traffic within the market and/or stopping of a vehicle or other conveyance in a non-designated place$2502nd $5003rd $750Subs. $1,000$10,00017 RCNY § 12-30(c)Failure to remove disabled vehicle$2502nd $5003rd $750Subs. $1,000$10,000Admin. Code § 22-252(a)Failure to obtain identification card (for 11 to 30 days)$2,500Subs. $5,000$5,000Admin. Code § 22-253(a)Failure to register wholesale and/or market businesses (single day)$1,0002nd $2,500Subs. $5,000$5,000Admin. Code § 22-253(a)Failure to register wholesale and/or market businesses 2 to 10 days$2,500Subs. $5,000$5,000Admin. Code § 22-253(a)Failure to register wholesale and/or market businesses for 11 to 30 days$3,500Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease to use registration, certification and/or number (single day)$2,500Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease to use registration, certification and/or number for 2 to 10 days$3,500Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease to use registration, certification and/or number for 11 and 30 days$5,000Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease to use identification card (single day)$1,0002nd $2,500Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease to use identification card for 2 to 10 days$2,500Subs. $5,000$5,000Admin. Code § 22-262Failure to surrender and/or cease to use identification card for 11 to 30 days$3,500Subs. $5,000$5,000 (Amended City Record 10/17/2018, eff. 11/16/2018; amended City Record 10/28/2019, eff. 11/27/2019)
