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File #: Int 1499-2017    Version: Name: Requiring the commissioners of sanitation and consumer affairs to study the feasibility of a penalty mitigation program.
Type: Introduction Status: Enacted
Committee: Committee on Small Business
On agenda: 3/16/2017
Enactment date: 1/19/2018 Law number: 2018/074
Title: A Local Law in relation to requiring the commissioners of sanitation and consumer affairs to study the feasibility of a penalty mitigation program
Sponsors: Melissa Mark-Viverito, Robert E. Cornegy, Jr., Ben Kallos, Carlos Menchaca, Bill Perkins
Council Member Sponsors: 5
Summary: This bill would require the Commissioners of Sanitation and Consumer Affairs to review certain violations enforced by their agencies and study the feasibility of establishing a program for which civil penalties may be waived through a penalty mitigation program. A report summarizing the results of each review and study would result.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 1499-A, 2. Summary of Int. No. 1499, 3. Int. No. 1499, 4. March 16, 2017 - Stated Meeting Agenda with Links to Files, 5. Committee Report 4/24/17, 6. Hearing Testimony 4/24/17, 7. Hearing Transcript 4/24/17, 8. Proposed Int. No. 1499-A - 12/12/17, 9. Committee Report 12/18/17, 10. Hearing Transcript 12/18/17, 11. December 19, 2017 - Stated Meeting Agenda with Links to Files, 12. Hearing Transcript - Stated Meeting 12-19-17, 13. Int. No. 1499-A (FINAL), 14. Fiscal Impact Statement, 15. Legislative Documents - Letter to the Mayor, 16. Local Law 74, 17. Minutes of the Stated Meeting - December 19, 2017
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/22/2018AMelissa Mark-Viverito City Council Returned Unsigned by Mayor  Action details Meeting details Not available
1/19/2018AMelissa Mark-Viverito Administration City Charter Rule Adopted  Action details Meeting details Not available
1/8/2018AMelissa Mark-Viverito Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
12/19/2017AMelissa Mark-Viverito City Council Sent to Mayor by Council  Action details Meeting details Not available
12/19/2017AMelissa Mark-Viverito City Council Approved by CouncilPass Action details Meeting details Not available
12/18/2017*Melissa Mark-Viverito Committee on Small Business Hearing Held by Committee  Action details Meeting details Not available
12/18/2017*Melissa Mark-Viverito Committee on Small Business Amendment Proposed by Comm  Action details Meeting details Not available
12/18/2017*Melissa Mark-Viverito Committee on Small Business Amended by Committee  Action details Meeting details Not available
12/18/2017AMelissa Mark-Viverito Committee on Small Business Approved by CommitteePass Action details Meeting details Not available
4/24/2017*Melissa Mark-Viverito Committee on Small Business Hearing Held by Committee  Action details Meeting details Not available
4/24/2017*Melissa Mark-Viverito Committee on Small Business Laid Over by Committee  Action details Meeting details Not available
3/16/2017*Melissa Mark-Viverito City Council Referred to Comm by Council  Action details Meeting details Not available
3/16/2017*Melissa Mark-Viverito City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1499-A

 

By The Speaker (Council Member Mark-Viverito) and Council Members Cornegy, Kallos, Menchaca and Perkins.

 

A Local Law in relation to requiring the commissioners of sanitation and consumer affairs to study the feasibility of a penalty mitigation program

 

Be it enacted by the Council as follows:

 

                     Section 1. As used in this local law, the following terms have the following meanings:

                     Food service establishment. The term “food service establishment” means a premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off of the premises or is provided from a pushcart, stand or vehicle and shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts and cafeterias.

                     Penalty mitigation program. The term “penalty mitigation program” means:

                      (i) For a food service establishment, a program that allows such establishment to have civil penalties waived if such establishment complies with the requirements of a program designed to encourage such food service establishment to donate excess food to an appropriate not-for-profit organization; or

                     (ii) For a retail establishment, a program that allows such establishment to have civil penalties waived if such establishment complies with the requirements of a program designed to encourage such retail establishment to make their restrooms available to the public.

                     Retail establishment. The term “retail establishment” means an establishment, other than a food service establishment, that sells products and has a restroom. 

                     § 2. Within 2 years of the enactment of this section, the commissioner of sanitation shall:

                     a. Conduct a review of violations enforced by the department of sanitation, pursuant to title 16 of the administrative code of the city of New York, to study the feasibility and appropriateness of establishing a penalty mitigation program regarding any such violations issued to food service establishments or retail establishments; 

                     b. Promulgate a rule authorizing the waiver of civil penalties for such violations based on a food service establishment or retail establishment’s participation in such penalty mitigation program, provided that the review required by subdivision a. of this section has concluded that such a program is feasible and appropriate; and

                     c. Submit to the mayor and the council a report summarizing the results of the review, which shall include, if the review concluded that a penalty mitigation program is not feasible and appropriate, an explanation for such conclusion; and, if the review concluded that a penalty mitigation program is feasible and appropriate, an explanation for the exclusion of certain violations from the rule.                      

                     § 3. Within 2 years of the enactment of this section, the commissioner of consumer affairs shall:

                     a. Conduct a review of violations enforced by the department of consumer affairs, pursuant to title 20 of the administrative code of the city of New York, that (i) relate to the display of prices, the accuracy of scanners, or the posting of signage, or (ii) are commonly issued to food service establishments or retail establishments, excluding any violations authorized by chapters 8, 9, 10, 12 or 13 of such title, in order to study the feasibility and appropriateness of establishing a penalty mitigation program regarding any such violations issued to food service establishments or retail establishments;

                     b. Promulgate a rule authorizing the waiver of civil penalties for such violations based on a food service establishment or retail establishment’s participation in such penalty mitigation program, provided that the study required by subdivision a of this section has concluded that such a program is feasible and appropriate; and

                     c. Submit to the mayor and the council a report summarizing the results of the review, which shall include, if the review concluded that a penalty mitigation program is not feasible and appropriate, an explanation for such conclusion; and, if the review concluded that a penalty mitigation program is feasible and appropriate, an explanation for the exclusion of certain violations from the rule. 

                     § 4. This local law takes effect immediately.

 

 

LS 10268

JW/SSY

12/8/17 3:24pm