Int. No. 1229
By Council Member Vallone
A Local Law to amend the administrative code of the city of New York, in relation to licensing certain costumed individuals.
Be it enacted by the Council as follows:
Section 1. Chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 33, to read as follows:
Subchapter 33
Licensing of Certain Costumed Individuals
§20-539 Definitions.
§20-540 License required.
§20-541 Application.
§20-542 Issuance of license.
§20-543 Rules.
§20-544 Violations.
§20-545 Hearing authority.
§20-539 Definitions. For purposes of this subchapter, the following definitions shall apply:
a."Costumed individuals" means any person wearing a costume;
b. "Costume" means an article of clothing, accessory, hair style, mask, paint, or other object that: (1) obscures or shrouds the face of a person beyond recognition; or (2) causes a person to resemble a fictional character rather than his or her own personal identity.
c. "Solicit, ask or beg" shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an eventual or immediate donation of money or other thing of value in return for some action;
d. "Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, and playground.
§20-540 License required. It shall be unlawful for any costumed individual to solicit, ask, or beg in a public place within the geographical region determined by the commissioner pursuant to this subchapter without first obtaining a license.
§20-541 Application. a. Each person applying for a license pursuant to this subchapter shall file an application in such form and detail as the commissioner may prescribe and shall pay the fee prescribed by the commissioner pursuant to this subchapter.
b. In addition to any other information required by the commissioner pursuant to the rules prescribed under this subchapter, the commissioner shall require the name and address of the applicant for a costumed individual license.
§20-542 Issuance of license. Upon the filing of such application, the commissioner shall issue a revocable license for a one year period, unless he or she finds that the applicant does not meet the criteria as determined by the commissioner pursuant to this subchapter.
§20-543 Rules. The commissioner shall make and promulgate such rules and regulations as he or she deems necessary for the proper implementation and enforcement of this subchapter. The rules and regulations promulgated by the commissioner shall include, but not be limited to:
1. A street-by-street description of a geographic region of public places in which the solicitation, asking, or begging by a costumed individual is unlawful without a license pursuant to this subchapter;
2. An eligibility criteria that all applicants must meet in order to obtain original licensure under this subchapter as well as eligibility criteria and steps necessary for renewals of such licenses;
3. Application and renewal fees;
4. Description of the renewal process and time periods for each renewal;
5. Specifications as to the manner in which licensees must display licenses while wearing costumes and soliciting, asking or begging within the commissioner's determined geographic region of public places; and
6. Description of the actions that would lead to the revocation of a license obtained pursuant to this subchapter, which shall include, but not be limited to, violations of administrative code section 10-136.
§20-544 Violations. a. Any person who violates the provisions of this section shall be guilty of a violation punishable by not less than two-hundred fifty dollars or a term of imprisonment of not more than fifteen days, or both such fine and imprisonment.
b. Any person violating this section shall be subject to a civil penalty of not less than one thousand dollars. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department.
§20-545 Hearing authority. a. Notwithstanding any other provision of law, the department shall be authorized upon due notice and hearing, to impose civil penalties for the violation of any provision of this subchapter and any rules promulgated thereunder. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-544 of this subchapter for each such violation. All proceedings authorized pursuant to this section shall be conducted in accordance with rules promulgated by the commissioner. The penalties provided for in section 20-544 of this subchapter shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
b. All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein.
§2. This local law shall become effective 120 days after its enactment into law.
LS 4660
CJG
11/11/13