§ 17-1508 Posting, signage and display violations.
AC § 17-1508
a. A food service establishment shall post a grade card or grade pending card in accordance with the requirements set forth in subdivision (b) of section 81.51 of the health code of the city of New York. b. A food service establishment that fails to display or conspicuously display a grade card or grade pending card in violation of subdivision a of this section shall be subject to a civil penalty of $500. c. Except as provided by subdivision b of this section, a food service establishment that violates this chapter, chapter 1 of this title or any rule or provision of the health code of the city of New York promulgated pursuant to either chapter, failing to post or conspicuously post a sign, poster, image, card or other required information, or by failing to display or conspicuously display any permit, license or certification, shall be subject to a civil penalty of $100; except that such food service establishment shall not be subject to a civil penalty for a first-time violation if such food service establishment proves to the satisfaction of the department, within 7 days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a food service establishment that has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A food service establishment may seek review, in the office of administrative trials and hearings, of the determination that the food service establishment has not submitted proof of a cure within 15 days of receiving written notification of such determination. d. Subdivision c of this section does not apply to any violation by a food service establishment of this chapter, or chapter 1 of this title, or any rule or provision of the health code of the city of New York promulgated pursuant to either chapter, for failure to post a sign, poster, image, card or other required information to the extent the department determines that the posting of such sign, poster, image, card or other required information is required in order to mitigate a risk of immediate death or serious injury to the general public or patrons of such establishment. (L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
