§ 6-12.1 Electronic Cigarette Retail Dealer Penalty Schedule.
RCNY § 6-12.1
All citations are to of the Administrative Code of the City of New York, Title 17 of the Administrative Code of the City of New York, or Title 6 of the Rules of the City of New York. Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule. Unless otherwise specified by law, a second or third or subsequent violation shall mean a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s). For sections of law marked by a single asterisk (*), a second, third or subsequent violation means a violation of Subdivision (b) of § 17-704.1 or Subdivision (a-1) of § 17-706 of Title 17 of the Administrative Code, or any combination of such provisions, whether by admitting to the violation, being found in violation in a decision, or entering into a settlement agreement for violating the provision of law or rule, at the same place of business within a three-year period. In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently. The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**). CitationViolation DescriptionFirst ViolationFirstDefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultCitationViolation DescriptionFirst ViolationFirstDefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultAdmin. Code§ 20-561(a)(1)Unlicensed electronic cigarette retail dealer$100 per day$100 per day$100 per day$100 per day$100 per day$100 per dayAdmin. Code§ 20-561(a)(2)Permitting premises under person's control to be used as unlicensed electronic cigarette retail dealer$100 per day$100 per day$100 per day$100 per day$100 per day$100 per dayAdmin. Code§ 17-704.1(b)*Unlawful delivery of electronic cigarettes$1,000$1,000$2,000 (plus revocation)$2,000 (plus revocation)$2,000 (plus revocation)$2,000 (plus revocation)Admin. Code§ 17-706(a-1)*Unlawful sale of electronic cigarettes to an individual under 21$1,000$1,000$2,000 (plus revocation)$2,000 (plus revocation)$2,000 (plus revocation)$2,000 (plus revocation)Admin. Code§ 17-706(c)No minimum age sign violation or missing information on sign$500$500$500$500$500$500Admin. Code§ 17-715(b)Unlawful sale of flavored electronic cigarettes or flavored e-liquids $1,000$1,000$2,000$2,000$5,000 (plus 1 to 90 day suspension)**$5,000 (plus one year suspension)NY Pub Health§ 1399-BBDistribution of vapor products without charge $1,500$1,500$2,500$2,500$2,500$2,500NY Pub Health§ 1399-DD-1Unlawful display of tobacco product or electronic cigarette advertising or smoking paraphernalia $500$500$1,000$1,000$1,000$1,000NY Pub Health§ 1399-MM-1(2)Selling or offering for sale a flavored vapor product intended or reasonably expected to be used for the consumption of nicotine $75 per package$100 per package$90 per package$100 per package$100 per package$100 per package (Added City Record 7/6/2018, eff. 8/5/2018; amended City Record 4/21/2020, eff. 5/21/2020; amended City Record 11/4/2020, eff. 12/4/2020; amended City Record 11/26/2021, eff. 12/26/2021)
