§ 55-32 Retail Cigarette Dealer Penalty Schedule.
RCNY § 55-32
(a)The citations in the schedule of penalties set forth in Schedule A of this Chapter are to Title 17 of the Administrative Code of the City of New York.
(b)The penalties set forth for each section of law or rule also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each such provision charged in the Summons will constitute a separate violation of the law or rule.
(c)First and Subsequent Violations.
(1)For violations of Chapter 7 of Title 17 of the Administrative Code, a first violation means the first time a person has violated such Chapter, whether by admitting to the violation; being found in violation by an OATH hearing officer; or entering into a settlement agreement for any such violation and includes any other violation of such chapter committed on the same day, provided there has been no previous violation on a different day.
(2)For purposes of § 17-710(a) of the Administrative Code, a second or subsequent violation of the provisions of such Code subjecting the respondent to mandatory license revocation under such subdivision (a) means a violation has occurred that has been resolved through any of the dispositions set forth in paragraph (1) of this subdivision, when there has been a previous violation that occurred on a different day within a three-year period at the same place of business. Pursuant to § 17-710(a)(5) of such Code, violation of any of the provisions of the Code stated in such § 17-710(a)(5) shall constitute a basis for determining there has been a previous violation under any of those stated provisions.
(3)For purposes of § 17-716(b) of the Administrative Code: (i) A second violation of § 17-715 of the Code means a violation that has occurred and has been resolved through any of dispositions set forth in paragraph (1) of this subdivision when there has been a previous violation of such section on a different day within a three-year period at the same place of business; (ii) A third or subsequent violation of § 17-715 of the Code subjecting the respondent to mandatory license suspension means a violation of such section that has occurred and has been resolved through any of dispositions set forth in paragraph (1) of this subdivision when there has been have been two previous violations on different days within a three-year period at the same place of business.
(d)In certain cases, the Department may seek license suspension, revocation, or sealing as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods will run concurrently.
(e)The parties are authorized to present evidence offered to mitigate the license suspension period within the date range marked by two asterisks (**) in Schedule A of this Chapter. (Added City Record 6/23/2017, eff. 7/23/2017)
