Official Journal of the City of New York - March 3, 2020
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Source: Official Journal of the City of New York
THE CITY RECORD
1204
TUESDAY, MARCH 3, 2020
28-03
NYCHC 81.19b
Light fixtures not shielded, shatterproofed, or otherwise protected from accidental breakage
$200
$400
28-04
NYCHC 81.12g
Equipment used for ROP not approved by the Department
$200
$400
28-05
NYCHC 71.05
Adulterated or misbranded food possessed, manufactured, produced, packed, sold, offered for sale, delivered or given away
$500
$1,000
28-06
NYCHC 81.23b2
Contract with pest management professional, record of pest exterminations, activities not kept on premises
$200
$400
28-07
NYCHC 81.31
Unauthorized FSE street, sidewalk cooking
$350
$700
28-09
NYCHC 88.15
No, or insufficient toilets, sinks $500
provided by temporary event sponsor
$1,000
28-10
NYCHC 88.19
No, insufficient refuse, trash $500
containers; temporary event area not maintained by sponsor
$1,000
99-00
NYCHC
miscellaneous
Other Health Code unscored violations $200
$400
An appearance penalty is imposed if a respondent appears at a hearing. A respondent appears at a hearing if the respondent physically attends a hearing; attends a hearing remotely by telephone or via the internet; or pleads in violation in accepting a settlement offer.
Repeat violation penalties for tobacco and non-tobacco smoking and sales. In accordance with Administrative Code section 17-710a5, violations of sections 17-703, 17-703.2, 17-704a, 17-704.1a, 17-705 and 17-706a and b of the Administrative Code must be included In determining the number of sustained repeat violations committed by a tobacco product license holder and subsequent license holder at a place of business unless the subsequent license holder submits documentation of an arms length transaction in acquiring the business. A violation is considered sustained if the respondent i pleads in violation or guilty; ii is found in violation or guilty by a decision of a hearing officer as a result of an appearance or if found in default; or iii enters into a settlement agreement.
The penalties listed in this Appendix for violations of New York City Health Code sections 3.05a, 3.07, 3.09, 3.15, 3.17 and 3.19
shall apply to any notice of violation or civil summons issued by the Department citing these provisions, regardless of whether the respondent is operating a food service establishment.
NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-4028
CERTIFICATION PURSUANT TO
CHARTER 1043d RULE TITLE: Amendment of Violations Schedule for Food Service Establishments REFERENCE NUMBER: 2019 RG 028
RULEMAKING AGENCY: Department of Health and Mental Hygiene I certify that this office has reviewed the above-referenced proposed rule as required by section 1043d of the New York City Charter, and that the above-referenced proposed rule:
NEW YORK CITY MAYORS OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400
CERTIFICATION/ANALYSIS
PURSUANT TO CHARTER SECTION 1043d RULE TITLE: Amendment of Violations Schedule for Food Service Establishments REFERENCE NUMBER: DOHMH-101
RULEMAKING AGENCY: Department of Health and Mental Hygiene I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:
i Is understandable and written in plain language for the discrete regulated community or communities;
i is drafted so as to accomplish the purpose of the authorizing provisions of law;
ii Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and
ii is not in conflict with other applicable rules;
iii to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and iv to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.
/s/ STEVEN GOULDEN
Date: November 25, 2019
Acting Corporation Counsel
iii None of the proposed changes affect current policy and practice regarding cure periods.
/s/ Francisco X. Navarro Mayors Office of Operations
November 26, 2019
Date
Accessibility questions: Svetlana Burdeynik 347 396-6078, ResolutionComments@health.nyc.gov, by: Thursday, January 23, 2020, 5:00 P.M.
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