§ 6-03 Pre-Hearing Disposition of Violations.
RCNY § 6-03
Any person who receives a notice of violation and a pleading letter from the Department may respond in the following ways: (a) Payment of the fine prior to the hearing. Any person who receives an Offer of Settlement prior to the hearing date may plead guilty and pay the fine listed in the letter either by mail, online, or in person.
(1)By Mail. Any person may pay the fine as shown on the Offer of Settlement by sending a check or money order (not cash) payable to the "Department of Consumer Affairs" in the amount of the fine specified in the letter. The payment must be received by the Department prior to the hearing date.
(2)In person. Any person may pay the fine in person at the Department of Consumer Affairs during the Department's normal business hours.
(b)Opportunity to Cure.
(3)The submission of proof of a cure will constitute an admission of liability for all purposes.
(4)If the proof that a violation has been cured is not satisfactory, the Department will provide the person who presented the proof with a written notice within five days of receipt that the proof was not satisfactory. A person may seek review of this determination at OATH within fifteen days of receiving written notification that the submitted proof is not satisfactory.
(5)The Department has made available on its website a list of provisions of the Administrative Code for which the opportunity to cure a first-time violation is available. The following provisions of Title 6 of the Rules of the City of New York constitute the mandates for which the opportunity to cure a first-time violation is available: Citation Description Citation Description 6 RCNY § 1-03(a)requiring the posting of a sign that includes instructions on contacting the Department to file a complaint about a licensed business6 RCNY § 1-05requiring a licensee to include such licensee's license number in advertisements and other printed and electronic matters6 RCNY § 2-66(a)requiring newsstands to comply with display restrictions6 RCNY § 2-66(b)requiring newsstands to comply with advertising restrictions6 RCNY § 2-70.2(g)Sale or offer of improper items in a stoop line stand6 RCNY § 2-161(g)(1)requiring that parking lots and garages have separate entrances and exits, with the main entrance clearly designated with illuminated signs marked "entrance" and "exit"6 RCNY § 2-161(g)(2)(i)requiring parking lots and garages to post a rate sign6 RCNY § 2-161(g)(2)(iv)requiring parking lots and garages to post a rate sign at the location for payment of charges6 RCNY § 2-161(g)(2)(v)requiring that parking lot and garage auxiliary signs contain equally sized letters and numbers6 RCNY § 2-161(g)(2)(vi)requiring that parking lots and garages post a sign stating: the business hours; the licensed capacity; and the minimum number of bicycle parking spaces6 RCNY § 2-161(g)(2)(viii)requiring parking lots and garages to post a rate sign about bicycle parking6 RCNY § 2-161(g)(3)(i)requiring that the parking garage and lot sign required by 6 RCNY § 2-161(g)(2) is illuminated, clearly visible and readable6 RCNY § 2-161(g)(3)(ii)requiring parking lots and garages to post a Manhattan residents sign6 RCNY § 2-161(h)(1)requiring the posting of a sign that the garage is at full capacity for car parking6 RCNY § 2-161(h)(2)requiring the posting of a sign that the garage is at full capacity for bicycle parking6 RCNY § 2-161(u)requiring that parking lots and garages with waivers under § 20-327.1 of Subchapter 17 of Chapter 2 of Title 20 of the Administrative Code of the City of New York post a sign that bicycle parking is not required by law6 RCNY § 2-211(h)requiring that a sightseeing bus post a sign on the windshield and near the entrance door of such bus that designates the departure time and destination of such bus6 RCNY § 2-253requiring that electronic or home appliance service dealers post sign stating the service dealer identity, the cash policy, and written estimates6 RCNY § 2-275(c)requiring dealers of products for the disabled to post a sign summarizing provisions of the New York City Products for the Disabled Law6 RCNY § 2-424requiring pedicabs to follow certain restrictions on advertisements6 RCNY § 2-425requiring certain signage on pedicabs6 RCNY § 2-433requiring that car washes maintain a log documenting complaints of damage to vehicles 6 RCNY § 3-12requiring labeling declarations required by Subchapter A of 6 RCNY Chapter 3 to be written in English6 RCNY § 3-24(c)scale is not located between the buyer and seller 6 RCNY § 3-24(f)(2)requiring stores with weighing and measuring devices for customer use to post a sign informing customers that they may reweigh products using such weighing or measuring device or devices6 RCNY § 3-60requiring certain signage for selling prepackaged meats 6 RCNY § 4-55requiring display of signs for out of order petroleum pumps 6 RCNY § 4-63requiring display of signs for petroleum pumps6 RCNY § 4-131(a)(1)business fails to prominently and conspicuously display price list sign, or price list sign is not displayed at point at which orders are placed or payment is made, or lettering on sign is less than 1 inch 6 RCNY § 4-131(a)(4)(i)requiring retail laundries to post a notice giving the name and contact information of the person or persons to whom complaints and claims for refunds may be made6 RCNY § 4-131(a)(4)(ii)requiring retail laundries to post an out-of-order sign on non-functioning machines6 RCNY § 4-142requiring amusement arcades and gaming cafes to post a sign describing age restrictions during certain hours of operation 6 RCNY § 5-24requiring that a business that accepts credit cards post a list of limitations that such business puts on credit card usage at or near the entrance of the business and in all advertising indicating that credit cards are accepted6 RCNY § 5-37requiring the posting of refund policies6 RCNY § 5-40(e)prohibiting a sign stating that a business is not liable for its negligence if such a statement is invalid under law6 RCNY § 5-66(c)requiring that tax preparers post a sign: stating his or her name, address, telephone number and qualifications; stating that the preparer and taxpayer must sign every tax return; stating how fees are calculated; stating that the tax preparer or their agency will not represent the taxpayer in an audit, if true; and stating that the tax preparer is not licensed by the state board of public accounting or the New York state bar, or both, if true6 RCNY § 5-70requirements for retail service establishments6 RCNY § 5-113calculation and Display of Price Per Measure6 RCNY § 5-114requiring certain consumer commodities to be labeled6 RCNY § 5-115requirements for multiple pricing6 RCNY § 5-191sign size requirements for redemption of beverage containers6 RCNY § 5-192content of sign for redemption of beverage containers6 RCNY § 5-194substitute signs for redemption of beverage containers6 RCNY § 5-195requiring signage at businesses that sell beverages for off-premises consumption in beverage containers that are covered by title ten of article twenty-seven of the Environmental Conservation Law of the State of New York to be placed within a certain distance of cash registers or to be visible to consumers from any specific vantage point6 RCNY § 5-222(b)requiring collateral loan brokers to place signage relating to pawn tickets6 RCNY § 5-222(d)requiring collateral loan brokers to place certain signage with a reproduction of the pawn ticket6 RCNY § 5-250requiring the posting of signs by employment agencies6 RCNY § 5-251requiring the display of a license by an employment agency6 RCNY § 5-265requiring the posting of signs about tenant screening reports, pursuant to § 20-809 of the Administrative Code of the City of New York6 RCNY § 5-290(a)requiring car rental businesses to comply with reservation requirements6 RCNY § 5-290(d)requiring car rental businesses to post a sign about certain rights 24 RCNY § 6-19requiring posting of a letter grade on mobile food vending cart.
(6)The following provisions of New York State law constitute the mandates for which the opportunity to cure a first-time violation is available: (i) Section 188 of Article 11 of the New York General Business Law, requiring the posting of copies of certain provisions of law. (Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 4/26/2018, eff. 5/26/2018; amended City Record 6/20/2018, eff. 7/20/2018; amended City Record 2/27/2019, eff. 3/29/2019; amended City Record 2/24/2020, eff. 3/25/2020; amended City Record 11/26/2021, eff. 12/26/2021; amended City Record 12/20/2021, eff. 1/19/2022; amended City Record 3/11/2022, eff. 4/10/2022; amended City Record 1/6/2023, eff. 2/5/2023; amended City Record 5/24/2024, eff. 6/23/2024; amended City Record 10/9/2024, eff. 11/8/2024)
