§ 17-325 Penalties.
AC § 17-325
a. Any person who violates the provisions of subdivision a, b, or c of section 17-307 of this subchapter shall be guilty of a violation, punishable by a fine of not less than $150 nor more than $250. b.
1.In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of subdivision a, b, or c of section 17-307 shall be liable for a civil penalty of not less than $150 nor more than $1,000 together with a penalty of $100 per day for every day during which the unlicensed business operated; except that a person who violates, or any person aiding another to violate, the provisions of subdivision a, b, or c of section 17-307 by engaging in continued unlicensed activity as defined by the commissioner, considering factors including but not limited to the frequency and duration of such unlicensed activity, shall be liable for a civil penalty of $1,000 together with a penalty of $250 per day for every day during which the unlicensed business operated. The commissioner may also consider additional civil penalties of up to $1,000 if such person had an opportunity to obtain a license or add themselves to the waitlist for such license.
2.Any person who violates any of the provisions of this subchapter, other than subdivision a, b, or c of section 17-307 or subdivision k of section 17-315, or any of the rules and regulations promulgated hereunder shall be liable for a civil penalty as follows: (a) For the first violation, a penalty of $25.
(b)For the second violation issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $50.
(c)For the third violation issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $100, in addition to the remedy provided for in subdivision f of section 17-317.
(d)For any subsequent violations issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $250.
3.Notwithstanding paragraph 2 of this subdivision, any person that violates subdivision c of section 17-311 by failing to firmly affix a current letter grade or letter grade pending card to a vending vehicle or pushcart in a conspicuous place as required by rules of the department shall be liable for a civil penalty of $500.
4.Any person that violates section 17-311 or subdivisions a or b of section 17-315, or any rules promulgated thereunder, shall not be subject to a civil penalty for a first-time violation if such person 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 person who has received, for the first time, a notice of violation of section 17-311 or subdivisions a or b of section 17-315, or any rules promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination.
5.Any person who violates subdivision k of section 17-315, or any of the rules and regulations promulgated hereunder, shall be liable for a civil penalty as follows: (a) For the first violation, a penalty of $50.
