§ 6-75 Mobile Food Vendor Penalty Schedule.
RCNY § 6-75
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. 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. Unless otherwise specified in this section or by law, a second, third, or fourth and subsequent violation means 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 two years of the prior violation(s). For violations marked with a single asterisk (*) a second, third, or fourth and subsequent violation means 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 one year of the prior violation(s). A person who commits three or more violations marked with a hashtag (#) within a two-year period is subject to mandatory revocation of their mobile food vending license pursuant to subdivision f of section 17-317 of the Administrative Code. Citation Violation Description First ViolationFirstDefaultSecond ViolationSecond DefaultThird ViolationThird DefaultFourth and Subsequent ViolationFourth and Subsequent DefaultCitation Violation Description First ViolationFirstDefaultSecond ViolationSecond DefaultThird ViolationThird DefaultFourth and Subsequent ViolationFourth and Subsequent DefaultAdmin. Code§ 16-118*Litter in any street or public place$75$75$300$300$400$400$400$400Admin. Code§ 17-307(a), (b) and (c)Unlicensed or unpermitted vending$1,000 (plus $100 per day)$1,000 (plus $100 per day)$1,000 (plus $100 per day)$1,000 (plus $100 per day)$1,000 (plus $100 per day)$1,000 (plus $100 per day)$1,000 (plus $100 per day)$1,000 (plus $100 per day)Admin. Code§ 17-311(a), (b), (d), and (e)#Failure to display license, permit, or letter grade$25$25$50$50$100$100$250$250Admin. Code§ 17-311(c)Failure to affix current letter grade or letter grade pending$500$500$500$500$500$500$500$500Admin. Code§ 17-312#Failure to make notification of change$25$25$50$50$100$100$250$250Admin. Code§ 17-313#Failure to follow bookkeeping requirements$25$25$50$50$100$100$250$250Admin. Code§ 17-314#Failure to comply with duties of licensees and permittees$25$25$50$50$100$100$250$250Admin. Code§ 17-315#Failure to comply with location restrictions $25$25$50$50$100$100$250$250Admin. Code§ 17-316#Improper transfer of food$25$25$50$50$100$100$250$250Admin. Code§ 20-465.1Vending at times/places restricted by rule of Vendor Review Panel$25$25$50$50$100$100$250$250Admin. Code§ 20-708Failure to display price$50$50$100$100$250$250$250$2506 RCNY § 2-314Vending on a restricted street$25$25$50$50$100$100$250$2506 RCNY § 5-32(c)Failure to comply with receipt requirements$350$350$350$350$350$350$350$35024 RCNY § 6-04#Failure to comply with construction and equipment requirements$25$25$50$50$100$100$250$25024 RCNY § 6-05#Failure to comply with supplies and equipment requirements$25$25$50$50$100$100$250$25024 RCNY § 6-06#Failure to comply with size and placement requirements$25$25$50$50$100$100$250$25024 RCNY § 6-07#Failure to comply with green cart requirements$25$25$50$50$100$100$250$25024 RCNY § 6-08#Failure to comply with facilities requirements $25$25$50$50$100$100$250$25024 RCNY § 6-09#Failure to comply with requirements for lease agreements$25$25$50$50$100$100$250$25024 RCNY § 6-12#Failure to comply with records requirements$25$25$50$50$100$100$250$25024 RCNY § 6-19#Failure to post letter grades as required $500$500$500$500$500$500$500$50024 RCNY § 6-20#Improper tampering with letter grade$25$25$50$50$100$100$250$25024 RCNY Health Code § 89.25Failure to comply with garbage, refuse, and waste requirements$200$200$200$200$250$250$500$50034 RCNY § 4-08(h)(7)Illegal vending in a parking space$50$50$50$50$50$50$50$50 (Added City Record 11/26/2021, eff. 12/26/2021; amended City Record 12/20/2021, eff. 1/19/2022)
