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What is NYC AC § 20-753?

Quick Answer

This section outlines the civil penalties for violations of the provisions and regulations under this subchapter. It specifies penalties for multiple offenses and allows for a first-time violator to avoid penalties by proving a cure within thirty days. Applies to individuals subject to violations under sections 20-750 or 20-751.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-753 Penalties.

AC § 20-753

Any person who violates the provisions of this subchapter or the regulations promulgated pursuant to this subchapter shall, upon conviction thereof, pay a civil penalty of fifty dollars for the first offense; one hundred dollars for the second offense; and two hundred fifty dollars for the third offense and any subsequent offense; except that a person shall not be subject to the civil penalty described above for a first-time violation of section 20-750 or 20-751 of this subchapter or any rule or regulation promulgated thereunder or pursuant to section 20-753, if such person proves to the satisfaction of the department, within thirty 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 20-750 or 20-751 of this subchapter or any rule or regulation promulgated thereunder or pursuant to section 20-753. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. For the purposes of this section, if on any single day the current selling price list is not displayed in accordance with this subchapter or the regulations promulgated pursuant to this subchapter, it shall be considered a single violation. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153, L.L. 2021/080, and L.L. 2021/098.

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