§ 6-10 Violations.
RCNY § 6-10
(a)"A" violations defined. For the purposes of mobile vending permit or license renewal, or issuance of a new license or permit, "A" violations are all violations of the Health Code, the State Sanitary Code, these rules and the violations of the Administrative Code listed in subdivision (d) of this section where the licensee, permittee or applicant is found in violation as a result of a hearing on the merits or by default.
(b)"A" violation penalties to be paid. Every person renewing a mobile food vending license or a mobile food unit permit, or applying for a new mobile food vending license or mobile food unit permit shall pay all fines and penalties for all "A" violations as defined by subdivision (b) of this section that have been adjudicated, or for which the licensee, permittee or applicant for a license or permit has been found in default. Proof of payment of all such fines and penalties must be submitted prior to issuance of a new or renewal license or permit, notwithstanding the provisions of Section 1049-a(d)(1)(i) of the Charter.
(c)Basis for revocation, suspension, or denial of new or renewal permit or license. The Commissioner may refuse to issue a mobile food vending license or a mobile food unit permit and may, after due notice and an opportunity to be heard, in addition to any other penalties, refuse to renew, suspend or revoke such a license or permit. Such action may be taken when the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees (i) have been found to be in violation of four or more of the provisions of Subchapter 2 of Chapter 3 of Title 17 of the Administrative Code that are classified as "A" violations in subdivision (d) of this section within a two-year period, (ii) have been found to be in violation of any of the provisions of part fourteen of the State Sanitary Code or of the Health Code, or (iii) the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have pending any unanswered summonses for a violation of a provision of Subchapter 2 of Chapter 3 of Title 17 of the Administrative Code that is classified as an "A" violation in subdivision (d) of this section.
(d)Administrative Code "A" violations. For the purposes of revocation or suspension of mobile food vending permits or licenses, or of determining whether such permits or licenses may be renewed or new licenses and permits issued, "A" violations mean violations of the following provisions of Subchapter 2 ("Food Vendors") of Chapter 3 ("Licenses and Permits") of Title 17 of the Administrative Code or successor provisions, as listed below in 24 RCNY § 6-10 Table 1, where the licensee, permittee or applicant is found in violation as a result of a hearing on the merits or by default: § 6-10 Table 1. Administrative Code "A" Violations SectionDescription § 17-307(a)Unlicensed mobile food vendor. § 17-307(b)Unpermitted mobile food unit.§ 17-307(d)Vending unapproved items.§ 17-311Failure to display mobile food vending license, mobile food vending unit permit, or mobile food vending unit decal, plate or insignia.§ 17-314(a)Failure to permit regular inspections.§ 17-314(b)Failure to give supplier/depot/commissary information.§ 17-314(c)Sale of unauthorized foods without written approval.§ 17-314.1Sale, loan, lease or transfer of license, permit or decal, plate or insignia.§ 17-315(a)Vendor on sidewalk that allows less than 12 feet as pedestrian path; or unit not at, or abutting curb.§ 17-315(e)Vendor within bus stop, within 10 feet of any driveway, any subway entrance or exit, or any crosswalk at any intersection.
(e)Permittees liable for mobile food vending unit operation; service of notices of violation. In accordance with 24 RCNY Health Code §§ 5.13 and 89.13, permittees are jointly and severally liable for violations of the Health Code, the State Sanitary Code, the Administrative Code and any other applicable law that occur in the course of operation of mobile food vending units bearing their permits. A person operating a mobile food vending unit who is not the permittee shall be deemed an agent of the permittee, and the mobile food vending unit being operated by such person shall be deemed the place of business of the permittee, for the purpose of service of any notice of violation issued to the permittee by the Department. The notice of violation may also be issued by any other agency of the City authorized to issue notices of violation in the course of enforcement of any law applicable to mobile food vending. If, in the course of operation of a mobile food vending unit, a person other than the permittee is served with such notice of violation or order issued to the permittee, the person other than the permittee shall deliver the notice of violation or order to the permittee within two business days of receiving such notice of violation, and the Department or other agency issuing the notice of violation shall mail such notice of violation to the permittee by first class mail, maintaining and submitting a record of the mailing to the Environmental Control Board as proof of service.
