Int. No.
By Council Members Menin and Louis
A Local Law to amend the administrative code of the city of New York, in relation to reforming certain business licensing requirements, and to repeal subchapter 15 of title 20 of such code, relating to licensing locksmiths, subdivision b of section 20-406 of such code, relating to fingerprinting process servers, section 20-406.1 of such code, relating to process server bond requirements, subdivision c of section 20-406.3 of such code, relating to process server audits, section 20-411 of such code, relating to definitions applicable to electronic or home appliance service dealers, section 20-474.1 of such code, relating to distributor’s licenses, section 20-474.2 of such code, relating to identifying vehicles used by distributors, section 20-479 of such code, relating to bonding requirements for storage warehouses, and subchapter 29 of chapter 2 of title 20 of such code, relating to licensing electronics stores, and to make other technical and conforming amendments in relation thereto
Be it enacted by the Council as follows:
Section 1. Subdivision d of section 17-308 of the administrative code of the city of New York is amended to read as follows:
d. [The fee] No fee shall be charged or collected for issuing a duplicate license, permit or plate when the original has been lost, destroyed or mutilated [shall be: ten dollars].
§ 2. Subdivision a of section 17-328 of the administrative code of the city of New York is amended to read as follows:
a. Each horse licensed pursuant to the provisions of this subchapter shall be assigned an official identification number by the department. Such identification number shall be branded on the hoof of the horse in a manner to be prescribed by the commissioner and shall also be inscribed on a metal tag which shall be attached to the bridle of the horse in a conspicuous place to be specified by the commissioner at all times when the horse is at work. Such tag shall be issued to the owner with the certificate of license. The tag and certificate of license shall be of such form and design and shall contain such information as the commissioner shall prescribe. Duplicate tags [and certificates of license] shall be issued only upon proof of loss of the original and the payment of a fee of two dollars. When a certificate of license is lost, destroyed, or mutilated, a duplicate certificate of license shall be issued free of charge and no fee shall be charged or collected therefor.
§ 3. Section 20-107 of the administrative code of the city of New York is amended by adding a new subdivision d to read as follows:
d. When a license is lost, destroyed, or mutilated, a duplicate license shall be issued free of charge and no fee shall be charged or collected therefor.
§ 4. Section 20-204 of the administrative code of the city of New York, as added by local law number 2 for the year 2000, is amended to read as follows:
§ 20-204 Duplicate licenses. Whenever any license issued under the provisions of this subchapter is defaced, destroyed or lost, the commissioner shall issue a duplicate license to the holder of the defaced, destroyed or lost license [upon the payment of a fee of fifteen dollars], and no fee shall be charged or collected therefor.
§ 5. Sections 20-264, 20-265, and 20-266 of the administrative code of the city of New York, as added by local law number 19 for the year 2007, are redesignated sections 20-263.1, 20-263.2, and 20-263.3, respectively.
§ 6. Paragraph 1 of subdivision b of section 20-264 of the administrative code of the city of New York, as added by chapter 907 of the laws of 1985, is amended to read as follows:
1. Pianos, books, magazines, rugs, tapestries, artists' burlaps, painting, sculpture, drawings, etchings, [and] engravings, clothing, shoes, footwear, and other apparel;
§ 7. Section 20-266 of the administrative code of the city of New York, as amended by local law number 8 for the year 1995, is amended to read as follows:
§ 20-266 [Bonds] Bond; fee; term; fingerprinting. a. Each secondhand automobile dealer securing a [general] secondhand automobile dealer’s license shall furnish a bond to the city, with sufficient surety, to be approved by the commissioner in the penal sum of [one thousand dollars] $1,000 conditioned for the due observance of the law relating to [such] secondhand automobile dealers. No such bond shall be required of dealers other than secondhand automobile dealers.
b. The fee for licenses shall be as follows: for a general license, a biennial fee of [three hundred forty dollars] $340; for a [second-hand] secondhand automobile dealer's license, a biennial fee of [six hundred dollars] $600.
c. The commissioner shall require that applicants for licenses issued pursuant to this subchapter to be secondhand automobile dealers must be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services.
§ 8. Section 20-297.4 of the administrative code of the city of New York, as added by local law number 98 for the year 2021, is amended to read as follows:
§ 20-297.4 Fee[; bond]. a. Before the commissioner may issue a license to establish, maintain or operate an industrial laundry, an applicant shall pay a biennial fee [and furnish a bond] to the commissioner in the amount indicated in the following schedule, depending on the number of persons employed by such applicant:
|
Number of employees |
Biennial license fee |
[Amount of bond] |
|
Five or fewer |
$340 |
[$500] |
|
Between six and 10 |
$490 |
[$500] |
|
Between 11 and 25 |
$740 |
[$500] |
|
Between 26 and 50 |
$1,240 |
[$1,500] |
|
Between 51 and 75 |
$1,740 |
[$2,500] |
|
Between 76 and 100 |
$1,990 |
[$3,000] |
|
Between 101 and 125 |
$2,240 |
[$3,000] |
|
126 or more |
$2,740 |
[$5,000] |
b. Before the commissioner may issue a license to establish, maintain or operate a business that engages in industrial laundry delivery, an applicant shall pay a biennial fee of $340 [and furnish a bond of $500.
c. An applicant furnishing a bond under this section shall execute such bond with two or more sureties or a duly authorized surety company approved by the commissioner and shall make such bond payable to the people of the city. Such bond shall be conditioned on the following:
1. That such applicant will comply with the provisions of this subchapter; and
2. That such applicant will pay to the city any fine, penalty or other obligation within 30 days of its imposition, or any final judgment recovered by any person dealing or trading with such licensee for the loss or conversion of laundry within 30 days from the entry and filing of such judgment].
§ 9. Subchapter 15 of title 20 of the administrative code of the city of New York is REPEALED and a new subchapter 15 is added to read as follows:
SUBCHAPTER 15
LOCKSMITHS
§ 20-298 Definitions. As used in this subchapter, the following terms have the following meanings:
Locksmith. The term “locksmith” means a person who engages professionally and for compensation in repairing, servicing, installing, inspecting, opening, and closing locks by mechanical, electrical, or electromechanical means, other than with the regular key made for the purpose, without altering, marring or destroying the original condition or effectiveness of such locks or similar devices in any shape or manner.
Locksmith business. The term “locksmith business” means a sole proprietorship, partnership, or commercial entity that provides locksmith services.
Manufacturer. The term “manufacturer” means any maker or distributor of locks, pressure keys, skeleton keys, pass keys, jigs, or any other mechanical, electrical, or electromechanical device to aid a locksmith in such locksmith’s trade.
§ 20-299 Locksmith business license required. It is unlawful for any person to perform the services of a locksmith unless the person is an owner or employee of a locksmith business that is duly licensed pursuant to this subchapter.
§ 20-300 License fee; term. a. The fee for a locksmith business license is $50.
b. The term of a locksmith business license is 2 years. The commissioner may prescribe the expiration date of such licenses and may pro-rate the fee required by subdivision a for an applicant who will hold such a license for less than a full term.
§ 20-301 Duties of licensees; employee records; registration. a. Each licensed locksmith business shall take appropriate measures to ensure that all locksmiths and other persons employed or otherwise operating on behalf of such business comply with all applicable requirements of section 20-302, this subchapter, and other applicable laws, rules, and regulations.
b. Each licensed locksmith business shall maintain employee records in such manner as the commissioner shall require, to ensure that such business has adequate procedures and safeguards in place to comply with this subchapter and other applicable laws, rules, and regulations. The commissioner may require individual employees of a locksmith business to register with the department.
§ 20-302 Prohibition; duties of locksmiths. a. It is unlawful for any person other than a locksmith operating on behalf of a licensed locksmith business to open any lock for which a key or combination may have been lost; or to make any repairs to, or change in, the adjustment or combination of any lock; or to make any original key or any other device to open a lock.
b. Every locksmith shall keep a book in which such locksmith must record (i) the name and address of every person ordering master keys, keys by number, or ordering the opening of a locked item and the date and time such work was done; and (ii) the means the locksmith used to identify any person ordering the opening of a locked item and to verify ownership of a locked item or authorization to order the opening of a locked item. Such book shall be open at all reasonable times for inspection by the commissioner, any departmental inspector, any police officer, or any person duly authorized by the commissioner.
c. Every locksmith who is requested to open a locked item that is located on premises other than where the locksmith business is conducted shall, before opening such locked item, present to the person making such request a copy of the locksmith business license issued pursuant to this subchapter under which such locksmith is authorized to provide locksmith services.
d. Every locksmith shall make a good faith effort to (i) determine the identification of any person requesting the opening of a locked item and (ii) obtain proof that a person requesting the opening of a locked item is the proper owner of the locked item or is authorized to request that the locked item be unlocked.
e. Every locksmith opening a locked item shall obtain the signature or mark of the person requesting the opening of such locked item on a form to be prescribed by the commissioner. Such form shall state, in such manner as the commissioner shall establish by rule, that the person requesting that an item be opened is authorized to open that item. The forms shall be retained by the locksmith in such manner as the commissioner shall require, and shall be available at all reasonable times for inspection by the commissioner, any departmental inspector, any police officer, or any person duly authorized by the commissioner or any judge of the criminal court.
§ 20-303 Duties of manufacturers. Each manufacturer of devices aiding locksmiths in their trade shall file a list of the manufacturer’s equipment with the department and with the police department, enumerating in such list all master key blanks, code books, machinery, skeleton keys that open and operate more than one lock and known to the trade as pressure keys, key sets for automobiles, vibrating lockpickers, and all similar equipment in the manufacturer’s possession. It is unlawful to dispose of any such equipment to any person other than a locksmith employed by or otherwise operating on behalf of a licensed locksmith business.
§ 20-304 Keys to be marked. Every key made by a locksmith shall be stamped with the name and address, or the license number issued by the commissioner, of the locksmith business on whose behalf the locksmith is operating. All master keys in addition shall bear the word “master”, and duplicates shall be made only upon the signed order of the owner of the locks which such keys are designed to operate or such owner’s authorized agent. Master keys shall be made only by a locksmith operating on behalf of a licensed locksmith business.
§ 20-305 License to be displayed. a. Every locksmith business shall display the license issued pursuant to this subchapter in a conspicuous place where it can be readily seen by anyone entering the premises where the business is conducted.
b. Every locksmith employed by or otherwise operating on behalf of a locksmith business shall prominently display a copy of such business’s license on any working kit or vehicle that such locksmith uses in the course of business.
§ 20-306 Proof of qualifications. a. The commissioner shall require any applicant for a locksmith business license to furnish documentary evidence that the owner of such business is a qualified locksmith or employs at least one qualified locksmith. The commissioner may also require that such qualified locksmith oversees the work of any other locksmiths employed by or acting on behalf of a licensed locksmith business.
b. No later than 1 year after the effective date of the local law that added this subchapter, and every 5 years thereafter, the commissioner shall review the department’s requirements relating to acceptable locksmith qualifications and update them, as necessary, based on industry standards.
§ 20-307 Refusal to issue or renew license; suspension; revocation. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or chapter 1 of this title, the commissioner, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this subchapter if the applicant or licensee, or any of its principals, officers, directors, or employees, or any person having more than 10 percent ownership of the applicant or licensee has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such applicant’s or licensee’s fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article 23-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license.
§ 20-308 Exemptions. Members of city, state, or federal departments who are assigned to locksmith work wholly within their respective departments or divisions are exempt from the operation of this subchapter.
§ 10. Subdivision 2 of section 20-388 of the administrative code of the city of New York is amended to read as follows:
2. [The fee] No fee shall be charged or collected for issuing a duplicate license or for one lost, destroyed or mutilated [shall be ten dollars].
§ 11. The section heading of section 20-406 of the administrative code of the city of New York, as amended by local law number 66 for the year 1989, is amended to read as follows:
§ 20-406 Application[; fingerprinting].
§ 12. Subdivision b of section 20-406 of the administrative code of the city of New York is REPEALED and subdivision c of such section is redesignated subdivision b.
§ 13. Section 20-406.1 of the administrative code of the city of New York is REPEALED.
§ 14. The section heading of section 20-406.3 of the administrative code of the city of New York, as added by local law number 7 for the year 2010 is amended to read as follows:
§ 20-406.3 Records[, Audits].
§ 15. Subdivision c of section 20-406.3 of the administrative code of the city of New York is REPEALED and subdivision d of such section is redesignated subdivision c.
§ 16. Section 20-410 of the administrative code of the city of New York, as added by local law number 7 for the year 2010, is redesignated section 20-409.4.
§ 17. The subchapter heading of subchapter 24 of chapter 2 of title 20 of the administrative code of the city of New York is amended to read as follows:
SUBCHAPTER 24
ELECTRONICS STORES AND ELECTRONIC OR HOME APPLIANCE SERVICE DEALERS
§ 18. Section 20-411 of the administrative code of the city of New York is REPEALED and a new section 20-411 is added to read as follows:
§ 20-411 Definitions. As used in this subchapter, the following terms have the following meanings:
Audio equipment. The term “audio equipment” means any apparatus or equipment that is used for sound reproduction, including but not limited to amplifiers, phonographs, radios, receivers, speakers, compact disc players, tape players, tape recorders, and turntables. The term does not include prerecorded or blank audio recording tapes or records.
Complainant. The term “complainant” means the customer of an electronics store or service dealer who has complained concerning an alleged violation of this subchapter, any rule promulgated pursuant thereto, or any practice engaged in by an electronics store or any of such store’s employees, or a service dealer or any of such dealer’s employees.
Computer equipment. The term “computer equipment” means computers, word processors and any apparatus or equipment that is used for computing or word processing, including but not limited to printers, modems, monitors, keyboards, disk drives, and peripherals. The term does not include disks, diskettes, or computer paper.
Display space. The term “display space” means the area of a retail establishment in which merchandise is publicly displayed and offered for sale and which is generally accessible to customers.
Electronic goods. The term “electronic goods” means any of the following types of merchandise:
1. Audio equipment;
2. Calculators;
3. Photographic equipment;
4. Video equipment; or
5. Computer equipment.
Electronic or home appliance. The term “electronic or home appliance” means any electronic device, or any appliance, that is commonly used in a household, including, but not limited to, televisions, radios, stereo systems, compact disc players, home computer systems, telephones, telephone answering machines, satellite dishes, cameras, calculators, video recorders or players, camcorders or other portable video recording devices, cassette recorders or players, facsimile machines, portable photocopiers, air conditioners, clothes washing machines, clothes dryers, dishwashers, food freezers, refrigerators, stoves, ranges, ovens, microwave ovens, or sewing machines.
Electronics store. The term “electronics store” means a commercial establishment that sells or offers for sale to the public electronic goods.
Person. The term “person” means an individual, firm, partnership, trust, association, corporation, limited liability company, or other similar business organization.
Photographic equipment. The term “photographic equipment” means any apparatus or equipment that is used for the taking, developing, or enlarging of photographs or moving pictures, including but not limited to cameras, video cameras, camera cases, lenses, tripods, and developing equipment. The term does not include film or film processing.
Repair service. The terms “repair service” and “repair servicing” mean the installation, maintenance, repair, replacement, testing, inspection, or modification for compensation, for other consideration, or under a warranty, of electronic goods or electronic or home appliances.
Service dealer. The term “service dealer” means a person who within the city of New York:
1. Advertises that such person performs repair service on electronic goods, or electronic or home appliances, or makes public statements reasonably calculated to lead an ordinary consumer to believe that such person performs such repair service;
2. Solicits or bills a customer for repair service on electronic goods, or electronic or home appliances;
3. Sells service contracts or maintenance agreements for the performance of repair service on electronic goods, or electronic or home appliances and accepts requests for such repair service under such service contracts or maintenance agreements;
4. Accepts requests for repair service or receives electronic goods or electronic or home appliances for the performance of repair service; or
5. Provides, as part of a sales transaction, repair service, including repair service performed by the seller, subcontractor, or other service repairer, except that the term “service dealer” includes a manufacturer of electronic goods or electronic or home appliances only when such manufacturer acting as a retailer engages in any of the activities described in this definition.
Service repairer. The term “service repairer” means a person who performs repair service on electronic goods or electronic or home appliances.
Video equipment. The term “video equipment” means televisions and any apparatus or equipment used in the process of producing images on a television set or electronic viewing screen, including but not limited to video disc players, video game units or consoles, video players and video recorders. The term does not include prerecorded video discs and tapes, blank video tapes, or video game cartridges or discs.
§ 19. Section 20-412 of the administrative code of the city of New York, subdivision 1 as amended by local law number 39 for the year 1992 and subdivision 2 as added by local law number 66 for the year 1989, is amended to read as follows:
§ 20-412 License required; fingerprinting. [1.] a. No person shall maintain or operate an electronics store unless duly licensed pursuant to this subchapter.
b. No person shall [represent or hold himself or herself out] claim or advertise to be, or engage in business as, a service dealer, unless duly licensed pursuant to this subchapter.
[2.] c. A person that engages in activities described in both subdivisions a and b shall only be required to obtain one license.
d. The commissioner shall require that applicants for licenses issued pursuant to this subchapter be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services.
§ 20. Section 20-415 of the administrative code of the city of New York, as added by local law number 80 for the year 2021, is amended to read as follows:
§ 20-415 Penalties. a. Any person who violates any provision of this subchapter or any rules promulgated pursuant to this subchapter shall be subject to a civil penalty of: (i) [one hundred seventy-five dollars] $175 for the first violation; (ii) [three hundred dollars] $300 for the second violation; and (iii) [five hundred dollars] $500 for the third and any subsequent violation.
b. Notwithstanding subdivision a of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of [subdivision 6] subdivisions a, b, c, or i of section 20-417 of this subchapter or any rule or regulation promulgated thereunder if such person proves to the satisfaction of the department, within [thirty] 30 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 [subdivision 6] subdivisions a, b, c, or i of section 20-417 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the [department's administrative tribunal] office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within [fifteen] 15 days of receiving written notification of such determination.
c. Notwithstanding subdivision a of this section, the civil penalty for a violation of subdivision [7] k of section 20-417 or any rule promulgated pursuant thereto shall be [five hundred dollars] $500.
d. Notwithstanding any other provision of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision c of section 20-417 or any rule or regulation promulgated thereunder. The notice of violation for such first-time violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision c of section 20-417 or any rule or regulation promulgated thereunder shall be subject to a civil penalty of $175 for a second violation and a civil penalty of $300 for a third or subsequent violation.
§ 21. Subchapter 24 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-416 to read as follows:
§ 20-416 Transferability. No license issued under this subchapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued.
§ 22. Section 20-417 of the administrative code of the city of New York, as amended by local law number 80 for the year 2021, is amended to read as follows:
§ 20-417 Duties of licensees. [1.] a. Posting of license. Every person licensed under this subchapter shall conspicuously post such license in the licensee’s place of business.
b. Display of selling price. 1. All merchandise sold, exposed for sale, or offered for sale at retail in a store licensed under this subchapter shall have conspicuously displayed, at the point of exposure or offering for sale, the total selling price exclusive of tax by means of a stamp, tag, or label attached to the item, or a sign at the point of display which indicates the item to which the price refers. Such information shall be plainly visible without the assistance of store personnel.
2. This subdivision does not apply to merchandise displayed in a store window.
c. Receipts. Receipts must be provided for every retail purchase if the amount of the purchase is $20 or more. Receipts must be provided on request for any retail purchase if the amount of the purchase is between $5 and $20. Such receipts shall contain:
1. The amount of money paid for each item;
2. The total amount of money paid in the transaction, including a separate statement of tax;
3. The date of the purchase;
4. The name and address of the electronics store as listed on the license;
5. The license number of the licensee; and
6. A full description of each item purchased, including the type, color, and size; the style or model number and year; and the brand name and manufacturer's name.
d. All work done by a service dealer shall be recorded on an invoice which shall contain the license number and such other detail as may be required by [regulations] rules promulgated by the commissioner. The invoice shall fully, separately and clearly describe all service work performed, all parts supplied, the date or dates thereof, and all charges made and the computations thereof. One copy of the invoice shall be delivered to the customer and one copy shall be retained by the service dealer for a period of at least three years from the date of such delivery.
[2. The] e. A service dealer shall return all replaced parts to the customer, except such parts as may be exempted from this requirement by regulations of the commissioner and except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty arrangement.
[3. The] f. A service dealer shall comply with regulations promulgated by the commissioner setting forth requirements for estimates or the making of such estimates and shall inform the customer as to the cost thereof prior to rendering same.
[4.] g. A service dealer shall not make the remuneration, salary, wage, or other compensation of any employee, partner, officer or member contingent or dependent upon, or in any manner determined by the value, price, quantity or type of parts replaced, upon any apparatus serviced or repaired by any person required to be licensed by this subchapter.
[5.] h. A service dealer shall maintain such additional records as are required by regulations adopted by the commissioner to carry out the provisions of this subchapter. Such records shall be open and available for reasonable inspection by the commissioner or other law enforcement officials, and shall be kept for a period of three years.
[6.] i. A service dealer shall display in the area where electronic and home appliances are accepted for repair a sign that contains the identity of the service dealer, informs the customer of the customer's right to a written estimate of all repairs and indicates that no repair work may be done without the customer's authorization, in addition to any other information required by the commissioner. The commissioner shall promulgate such [regulations] rules as the commissioner determines necessary and appropriate for the proper implementation and enforcement of this subdivision.
[7.] j. A [licensee] service dealer shall at all times carry insurance which in the opinion of the commissioner is adequate to protect the public. The commissioner shall promulgate such [regulations] rules as the commissioner determines necessary and appropriate for the proper implementation and enforcement of this subdivision.
k. Records. Every person licensed to maintain or operate an electronics store, or to engage in business as a service dealer, shall maintain such records, ledgers, receipts, bills, and such other written records as the commissioner may prescribe by rule. Such records shall be made available for inspection by the commissioner upon request at either the licensee’s place of business or at the offices of the department.
§ 23. Section 20-422 of the administrative code of the city of New York is amended by adding a new subdivision 4 to read as follows:
4. The authority and power of the commissioner pursuant to this subchapter and chapter 1 of this title shall extend to all sales and advertising activities of an electronics store and shall not be limited to sales and advertising activities relating to electronic goods or to merchandise described in any rules of the commissioner promulgated under this subchapter.
§ 24. Section 20-424 of the administrative code of the city of New York, subdivision 2 of such section as amended by local law number 39 for the year 1991, is amended to read as follows:
§ 20-424 Exceptions. This subchapter shall not apply to any of the following:
1. the government of the United States or any department or agency thereof;
2. any school, public or private, offering as part of a vocational education program, courses and training in repair service and the instructors and teachers thereof; provided the exclusion granted herein shall be applicable only to repair service rendered in and as part of a regularly constituted vocational education program and when such repair service is not offered to the public for compensation or other consideration;
3. any store that does not provide repair services and that uses less than 20 percent of its display space, as measured by linear feet and not square feet, for the display of electronic goods; or
4. any store that does not provide repair services and that displays fewer than 30 items that are electronic goods in its display space.
§ 25. Subdivision d of section 20-454 of the administrative code of the city of New York is amended to read as follows:
d. [The fee] No fee shall be charged or collected for issuing a duplicate license when the original has been lost, destroyed or mutilated [shall be ten dollars].
§ 26. Subdivision a of section 20-472 of the administrative code of the city of New York, as amended by local law number 63 for the year 1990, is amended to read as follows:
a. Any person who violates the provisions of [sections] section 20-453 [and 20-474.1 of this subchapter] shall be guilty of a misdemeanor punishable by a fine of not less than [two hundred fifty dollars] $250 nor more than [one thousand dollars] $1,000, or by imprisonment for not more than [three] 3 months or by both such fine and imprisonment. [In addition, any police officer may seize any vehicle used to transport goods to a general vendor, along with the goods contained therein, where the driver is required to but cannot produce evidence of a distributor's license. Any vehicle and goods so seized may be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to possession of such vehicle and goods may be charged with the reasonable cost for removal and storage payable prior to the release of such vehicle and goods, unless the charge of unlicensed distributing has been dismissed.]
§ 27. Sections 20-474.1 and 20-474.2 of the administrative code of the city of New York are REPEALED.
§ 28. Section 20-474.3 of the administrative code of the city of New York, as added by local law number 19 for the year 1994, is amended to read as follows:
§ 20-474.3 Failure to produce license; presumptive evidence of unlicensed activity. [a.] In any civil or criminal action or proceeding, failure by a general vendor who is required to be licensed pursuant to the provisions of this subchapter to exhibit upon demand a general vendor's license in accordance with the provisions of this subchapter to any police officer or authorized officer or employee of the department or other city agency shall be presumptive evidence that such general vendor is not duly licensed.
[b. In any civil or criminal action or proceeding, failure by any person who is required to obtain a distributor's license pursuant to the provisions of this subchapter, or failure by the driver of such person, to exhibit upon demand a distributor's license in accordance with the provisions of this subchapter to any police officer or authorized officer or employee of the department or other city agency shall be presumptive evidence that such person is not duly licensed.]
§ 29. Section 20-479 of the administrative code of the city of New York is REPEALED.
§ 30. Subchapter 29 of chapter 2 of title 20 of the administrative code of the administrative code of the city of New York is REPEALED.
§ 31. Subdivision b of section 20-497 of the administrative code of the city of New York, as amended by local law number 51 for the year 1991, is amended to read as follows:
b. There shall be a biennial fee for a license to engage in towing and for each tow truck in excess of [one] 1 operated pursuant to such license. Such fee for a license to engage in towing shall be [six hundred dollars] $600 and such fee for each tow truck in excess of [one] 1 shall be [six hundred dollars] $600. There shall be a biennial fee for a tow truck operator's license. The fee for such tow truck operator’s license shall be [twenty dollars] $20. In the event of the loss, mutilation or destruction of any license issued hereunder, the licensee may file such statement and proof of facts as the commissioner shall require, [with a fee of fifteen dollars per license,] at the department, and the department shall issue a duplicate or substitute license without charging or collecting any fee therefor.
§ 32. Subparagraphs (c) and (d) of paragraph 3 of subdivision e of section 20-561 of the administrative code of the city of New York, as added by local law number 144 for the year 2017, are amended and a new subparagraph (e) is added to read as follows:
(c) an electronic cigarette retail dealer license becomes void pursuant to section 20-110, the succeeding beneficial owners of 10 percent or more of the stock of the organization to which a license had been granted may apply for a license provided that such electronic cigarette retail dealer was in good standing at the time the license became void, and the application is received within [thirty] 30 days of the change of ownership; [and]
(d) an electronic cigarette retail dealer license becomes void pursuant to section 20-111, the succeeding partnership may apply for a license, provided that such retail dealer was in good standing at the time the license became void and the application is received within [thirty] 30 days of the change in ownership; and
(e) a retail dealer changes locations within a community district, such dealer is not required to apply for a new retail dealer license, provided that such retail dealer ceases to sell or offer for electronic cigarettes at the former location and provided further that at least 20 days before selling or offering for sale electronic cigarettes at the new location, such retail dealer notifies the commissioner of the new address and provides any additional information required by the commissioner.
§ 33. This local law takes effect immediately.SA/NAW
LS #18592
5/29/2025 2:14 PM