§ 55-41 Orders for Sealing.
RCNY § 55-41
(a)Issuance of Order for Sealing. If a basis for sealing exists under Administrative Code § 11-4023, the Commissioner may, pursuant to that section, issue an order for sealing, directing the Sheriff, another peace officer of the Department, or any police officer to seal the premises as described in subdivision (c) of this section. Such order for sealing shall be enforced in accordance with the procedures set forth in Administrative Code § 11-4023 and shall constitute the written directive of the Commissioner required under subdivision (c)(2) of such section.
(b)Posting, Delivery and Mailing of Order for Sealing.
(1)The order for sealing shall be posted as provided in § 11-4023 of the Administrative Code in a conspicuous place at the premises. A warning notice stating that any perishable property that may spoil or pose a public health hazard may be disposed of by the Sheriff or other officer without further process at the time of the sealing shall also be posted in a conspicuous place in the vicinity of the order for sealing.
(2)At the time of the posting, copies of the order for sealing and the warning notice shall also be delivered at the premises to the respondent or any employee or agent of the respondent. If neither the respondent nor any employee or agent is at the premises at the time of posting, copies of the order for sealing and the warning notice must be delivered to any natural person at the premises in control or apparent control of such premises. If delivery is to be made to a natural person, and no such natural person is at the premises, no delivery will be required under this paragraph.
(3)Mailing of Order for Sealing. Within two days of the posting required by paragraph (2), a copy of the order for sealing, together with a copy of the warning notice, must be mailed to the respondent and to the record owner of the premises, if the record owner is different from the respondent, both by registered or certified mail and by regular first class mail.
(i)If the respondent or record owner is a natural person, the mailing of the documents must be sent to the premises, unless the premises is not the residence of such person. If the premises is not the residence of such person, the mailing must be sent as follows: as follows: (A) If the Department of Consumer Affairs ("DCA") or other licensing authority can provide information about the residential address of such person, to the last such address; (B) If DCA or other licensing authority has no information about the residential address of such person, but has business or employment address information, to the last business or employment address known to DCA or other licensing authority; (C) If DCA or other licensing authority has no other address information, to the premises.
(ii)If the respondent or record owner is a corporation, joint-stock or other unincorporated association or a limited liability company, the mailing must be sent to the premises unless the principal place of business is not located at the premises. If the corporation, joint-stock or other unincorporated association or limited liability company is not located at the premises, the mailing must be sent as follows: (A) if DCA or other licensing authority has information about the address of the principal place of business within the State, to such address; (B) if DCA or other licensing authority has no such information but has information about any place of business within the State, to any such address; (C) if DCA or other licensing authority has no other address information, to the premises. Allegations about such information that affect the mailing address must be set forth in an affidavit and maintained along with the proof of mailing. The order for sealing will be considered served upon the later of the date of posting or the date of the proof of mailing.
(4)For purposes of this section: (i) The term "other licensing authority" means any agency or authority, other than the petitioner or DCA, which has issued a New York City retail cigarette license to the petitioner; (ii) The term "record owner of the premises" or "record owner" means the owner of the premises identified in the records of the Office of the City Register of the City of New York (for Manhattan, Brooklyn, Queens, and the Bronx) or the Office of the County Clerk of the County of Richmond (for Staten Island) as of the date of posting; (iii) Any person in possession or occupation of the premises must also be treated as a respondent if the transfer of the premises was not an arm's length transaction as defined in § 17-710(e) of the Administrative Code.
(c)Sealing of Premises Pursuant to Order for Sealing. Ten days after the posting of the order for sealing, and after the mailing of such order for sealing as provided in paragraph three of subdivision (b) of this section, the Sheriff or other officer executing an order for sealing must, upon delivery of the order for sealing to any person present in the premises, command all persons present in the premises to vacate such premises forthwith. Upon sealing, the premises must be securely locked and all keys delivered to the Sheriff or other officer serving the order, who thereafter shall deliver the keys to the respondent or any employee or agent of the respondent, or any other appropriate person in control or apparent control of the premises. If neither the respondent nor any employee or agent of the respondent, nor any other appropriate person in control or apparent control of the premises, is present at such premises when the order for sealing is being executed, the Sheriff or other officer must securely padlock the premises and retain the keys until the respondent, record owner or other appropriate person presents identification and/or documentation entitling such person to the possession of the premises, in which event the Sheriff or other officer must deliver the keys to such person.
(d)Inventory Upon Execution of Order for Sealing. The Sheriff or other officer executing an order for sealing must forthwith make an inventory of personal property situated on the premises subject to the order for sealing. Such inventory must be taken in any manner which is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory including, but not limited, to the photographing or videotaping of such personal property. Any perishable property that could spoil or pose a public health hazard may be disposed of by the Sheriff or other officer without further process at the time of the sealing. An inventory of the personal property disposed must be taken in any manner which is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory including, but not limited to the photographing or videotaping of such personal property. Perishable property must be disposed of in accordance with applicable City policies or rules.
(e)Re-posting of Order for Sealing. Upon execution of the order for sealing, the Sheriff or other officer must re-post a copy thereof in a conspicuous place or upon one or more of the principal doors at entrances of such premises where the sealing is being ordered. In addition, the Sheriff or other officer must affix, in a conspicuous place or upon one or more of the principal doors at entrances of such premises, a printed notice that the premises have been sealed by virtue of an order, which notice shall contain the legend printed on a white card in bold red letters that are at least one-half inch in height stating "Sealed by Order of the Commissioner of Finance", the date of the order, and the name of the Sheriff or other officer or agency posting the notice. The notice shall also state any person who removes the seal on any premises or removes the seal on or makes operable any devices, items or goods sealed or otherwise made inoperable in accordance with an order of the Commissioner shall be guilty of a misdemeanor.
(f)Enforcement of Orders for Sealing Issued by Other City Agencies. Pursuant to a memorandum of understanding or similar written agreement between a City agency and the Department, or upon other written consent of the Commissioner, the Sheriff of the City of New York or any other peace officer of the Department may also enforce an order for sealing authorized under a law other than § 11-4023 of the Administrative Code, by any agency or official, pursuant to applicable law. Under such circumstances, the Sheriff or other peace officer of the Department shall be authorized to enforce such order for sealing. Except as otherwise provided by law, the procedures set forth under this section and under § 11-4023 of the Administrative Code shall apply to the enforcement of such order for sealing.
(g)No Possession, Ownership or Control of Premises. A sealing by the Sheriff or other officer, pursuant to the provisions of this section shall not constitute an act of possession, ownership or control by the Sheriff or other officer of the sealed premises. (Added City Record 6/23/2017, eff. 7/23/2017)
