File #: Int 1085-2024    Version: * Name: Watch list of commercial landlords determined to have knowingly leased premises to, or otherwise allowed the use of premises by, unlicensed sellers of cigarettes, electronic cigarettes, tobacco products, or illicit cannabis.
Type: Introduction Status: Committee
Committee: Committee on Public Safety
On agenda: 10/10/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the creation of a watch list of commercial landlords determined to have knowingly leased premises to, or otherwise allowed the use of premises by, unlicensed sellers of cigarettes, electronic cigarettes, tobacco products, or illicit cannabis
Sponsors: Lynn C. Schulman, Linda Lee, Joann Ariola , Gale A. Brewer, Francisco P. Moya
Council Member Sponsors: 5
Summary: This bill would require the New York City Sheriff to post annually on the Department of Finance’s website a watch list of commercial property owners determined within the past year, through payment of civil penalties or a hearing decision of the Office of Administrative Trials and Hearings (OATH), to have knowingly leased premises to unlicensed sellers of cigarettes, electronic cigarettes, tobacco products, or illicit cannabis. The Sheriff would have to coordinate with the Police Commissioner, Commissioner of Consumer and Worker Protection, and the Chief Administrative Law Judge to produce this list. The list would contain the name of the owner; the address of each premises that is the subject of a violation determination; for each premises, the number of times a determination occurred within the previous year, disaggregated by type of sale; and the number of times the owner was the subject of a violation determination within the past 5 years.
Attachments: 1. Summary of Int. No. 1085, 2. Int. No. 1085, 3. October 10, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 10-10-24

Int. No. 1085

 

By Council Members Schulman, Lee, Ariola, Brewer and Moya

 

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a watch list of commercial landlords determined to have knowingly leased premises to, or otherwise allowed the use of premises by, unlicensed sellers of cigarettes, electronic cigarettes, tobacco products, or illicit cannabis

 

Be it enacted by the Council as follows:

 

Section 1. Section 10-186 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows:

e. No later than January 1 of each year, the city sheriff, in coordination with the police commissioner, commissioner of consumer and worker protection, and the chief administrative law judge, shall post on the department of finance’s website a watch list of all owners that were determined within the previous year, through the payment of civil penalties or decision of the office of administrative trials and hearings after a hearing, to be in violation of subdivision b of this section in connection with a civil summons issued under subdivision d of this section. For each such owner, such watch list shall provide the following information:

1. The name of the owner, provided that if the owner is an entity, such watch list shall include the name of such entity as well as, to the extent such information is available, the name of each individual who owns a controlling interest in, or who is responsible for managing the day-to-day affairs of, such entity;

2. The address of each commercial premises that is the subject of such a determination;

3. For each commercial premises that is the subject of such a determination, the number of times such a determination occurred within the previous year, disaggregated by whether the determination pertains to the distribution, sale, or offer for sale of (i) cigarettes; (ii) electronic cigarettes; (iii) tobacco products; (iv) or illicit cannabis; and

4. The total number of times the owner was determined within the previous 5 years, through the payment of civil penalties or by decision of the office of administrative trials and hearings after a hearing, to be in violation of subdivision b of this section in connection with a civil summons issued under subdivision d of this section.

§ 2. This local law takes effect immediately.SA

LS #16307

9/23/2024 10:57 AM