Section 19-528. Additional powers of the commission with respect to unlicensed activities  


Latest version.
  • a. It shall be  unlawful  for  any  person  required  to  be  licensed
      pursuant  to  the  provisions  of  this  chapter to engage in any trade,
      business or activity for  which  a  license  is  required  without  such
      license.
        b.  In  addition  to  the  enforcement procedures set forth in section
      19-506 of this chapter, the commission,  after  notice  and  a  hearing,
      shall be authorized:
        1.  to  impose  fines upon any person in violation of subdivision a of
      this section of one hundred dollars per violation per day for  each  and
      every day during which such person violates such subdivision.
        2.  to  order any person in violation of subdivision a of this section
      immediately to discontinue such activity at the premises from which such
      activity is occurring.
        3. to order that such premises from which such activity  is  occurring
      be  sealed,  provided  that  such  premises  are primarily used for such
      activity.
        c. Orders of the commission issued pursuant to this subdivision  shall
      be  posted  at  the  premises  from  which unlicensed activity occurs in
      violation of this section.
        d. Orders of the commission issued pursuant to paragraphs two or three
      of subdivision b of this section shall be stayed  with  respect  to  any
      person  who, prior to service of the notice provided in subdivision b of
      this section, had submitted a full and complete  application  in  proper
      form  and  accompanied by the requisite fee for a license or the renewal
      of a license while such application is pending.
        e. Ten  days  after  the  posting  of  an  order  issued  pursuant  to
      paragraphs  two  or  three of subdivision b of this section and upon the
      written directive of the  commission,  officers  and  employees  of  the
      commission  and  officers  of  the  New  York city police department are
      authorized to act upon and enforce such orders.
        f. The commission shall order  that  any  premises  which  are  sealed
      pursuant to this section shall be unsealed upon:
        1. payment of all outstanding fines; and
        2.  presentation  of  proof  that a license has been obtained for such
      activity or, if such person or premises are for any reason ineligible to
      obtain a  license,  proof  satisfactory  to  the  commission  that  such
      premises will not be used in violation of this section.
        g.  It shall be a misdemeanor for any person to remove the seal on any
      premises sealed in accordance with an order of the commission.
        h. The owner or other person lawfully entitled to reclaim the contents
      of the premises sealed pursuant  to  this  section  shall  reclaim  such
      contents.  If  such  owner  or  such  other person does not reclaim such
      contents within ninety days of the premises  having  been  sealed,  such
      contents  shall  be  subject  to  forfeiture  upon  notice  and judicial
      determination in accordance with provisions of law. Upon forfeiture  the
      commission  shall, upon a public notice of at least five days, sell such
      forfeited contents at public sale. The net proceeds of such sale,  after
      deduction  of  the  lawful  expenses  incurred,  shall  be paid into the
      general fund of the city.