S T A T E O F N E W Y O R K
________________________________________________________________________
3021
2011-2012 Regular Sessions
I N S E N A T E
February 7, 2011
___________
Introduced by Sens. HUNTLEY, ADDABBO, DIAZ, HASSELL-THOMPSON -- read
twice and ordered printed, and when printed to be committed to the
Committee on Cities
AN ACT to amend the administrative code of the city of New York and the
general business law, in relation to requiring licensing for doorbus-
ter sales
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT 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
DOORBUSTER SALES
S 20-539 DEFINITIONS.
S 20-540 LICENSE REQUIRED.
S 20-541 APPLICATION.
S 20-542 ISSUANCE OF LICENSE.
S 20-543 RULES.
S 20-544 VIOLATIONS.
S 20-545 HEARING AUTHORITY.
S 20-539 DEFINITIONS. WHENEVER USED IN THIS SUBCHAPTER, THE FOLLOWING
TERMS SHALL MEAN AND INCLUDE:
1. "DOORBUSTER SALE." A SALE OR AN OFFER TO SELL TO THE PUBLIC, GOODS,
WARES, AND MERCHANDISE OF ANY KIND AT A SUBSTANTIALLY DISCOUNTED PRICE
FOR A LIMITED TIME WHERE THE FOLLOWING FACTORS OCCUR:
A. THE SALE FEATURES CERTAIN ITEMS AT A FURTHER REDUCED PRICE FOR A
LIMITED TIME ON THE DAY OF THE SALE; AND
B. THE SALE FEATURES A LIMITED QUANTITY OF CERTAIN ITEMS AT A FURTHER
REDUCED PRICE TO ATTRACT USUALLY LARGER THAN ANTICIPATED CROWDS; AND
C. LANGUAGE IS USED TO PROMOTE THE SALE WHICH ENTICES THE PUBLIC TO
WAIT IN LINE PRIOR TO THE RETAILER'S OPENING, INCLUDING BUT NOT LIMITED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05566-01-1
S. 3021 2
TO "BLACK FRIDAY," "DOORBUSTER," AND "FIRST COME FIRST SERVED," OR THE
SALE IS ADVERTISED TO START EARLIER THAN THE RETAILER'S NORMAL BUSINESS
HOURS; AND
D. DOORBUSTER SALES SHALL NOT INCLUDE "GOING OUT OF BUSINESS SALES" AS
DEFINED BY SECTION 20-308 OF THIS CHAPTER.
2. "COMMISSIONER." THE COMMISSIONER OF CONSUMER AFFAIRS.
S 20-540 LICENSE REQUIRED. IT SHALL BE UNLAWFUL FOR ANY PERSON TO
ADVERTISE OR TO PUBLISH NOTICE PERTAINING TO OR TO CONDUCT A DOORBUSTER
SALE WITHOUT FIRST OBTAINING A LICENSE ISSUED PURSUANT TO THIS SUBCHAP-
TER.
S 20-541 APPLICATION. 1. EACH RETAILER APPLYING FOR A LICENSE SHALL
FILE AN APPLICATION IN SUCH FORM AND DETAIL AS THE COMMISSIONER MAY
PRESCRIBE AND SHALL PAY A FEE OF ONE HUNDRED DOLLARS.
2. ALL APPLICATIONS FOR SUCH LICENSES SHALL BE FILED AT LEAST SIXTY
DAYS PRIOR TO THE DATE ON WHICH SUCH SALE IS TO COMMENCE.
3. THE FEE FOR FILING SUCH APPLICATION SHALL BE ONE HUNDRED DOLLARS.
4. IN ADDITION TO ANY OTHER INFORMATION REQUIRED, THE COMMISSIONER
SHALL REQUIRE THE FOLLOWING INFORMATION:
A. THE NAME AND ADDRESS OF THE APPLICANT, WHETHER THE APPLICANT IS THE
TRUE OWNER OF THE GOODS, WARES OR MERCHANDISE TO BE SOLD, AND
(I) IF THE APPLICANT BE A PARTNERSHIP, THE NAMES AND ADDRESSES OF ALL
PARTNERS, OR
(II) IF THE APPLICANT BE A CORPORATION OR ASSOCIATION, THE DATE AND
PLACE OF INCORPORATION OR ORGANIZATION, THE ADDRESS OF THE PRINCIPAL
OFFICE WITHIN THE STATE, THE NAMES AND ADDRESSES OF ALL THE OFFICERS OF
THE APPLICANT AND WHETHER A CONTROLLING INTEREST IN THE CORPORATION OR
ASSOCIATION WAS TRANSFERRED WITHIN SIX MONTHS PRIOR TO THE DATE OF THE
FILING OF THE APPLICATION.
B. THE NAME AND ADDRESS OF THE PERSON OR PERSONS WHO WILL BE IN CHARGE
AND RESPONSIBLE FOR THE CONDUCT OF SUCH SALE.
C. THE EXACT ADDRESS OF THE PLACE AT WHICH SUCH SALE IS TO BE
CONDUCTED AND THE LENGTH OF TIME THE APPLICANT HAS BEEN ENGAGED IN BUSI-
NESS AT SUCH LOCATION.
D. THE DATE AND TIME SUCH SALE IS TO BEGIN AND THE DURATION OF SUCH
SALE.
E. THE NATURE OF THE OCCUPANCY WHERE SUCH SALE IS TO BE HELD, WHETHER
BY LEASE OR OTHERWISE, AND THE EFFECTIVE DATE OF TERMINATION OF SUCH
OCCUPANCY.
F. A STATEMENT OF THE DESCRIPTIVE NAME OF THE SALE.
G. A VALID AND ACCURATE FLOOR PLAN OF THE LOCATION AT WHICH SUCH SALE
IS TO BE CONDUCTED, WITH THE DOORS TO BE USED AS ENTRANCES TO AND EXITS
FROM THE PROPOSED SALE CLEARLY MARKED.
H. A DETAILED PLAN FOR CROWD CONTROL THAT IS DESIGNED TO ENSURE ORDER-
LY AND SAFE ENTRANCE INTO THE STORE, INCLUDING THE FOLLOWING INFORMA-
TION:
(I) THE CAPACITY OF THE LOCATION OF SUCH SALE; AND
(II) AN EXPECTATION OF THE NUMBER OF PEOPLE ANTICIPATED TO ATTEND SUCH
SALE; AND
(III) THE NUMBER OF PERSONNEL ASSIGNED TO MANAGE THE ENTRANCES TO THE
STORE; AND
(IV) THE TIME AT WHICH CUSTOMERS WILL BE PERMITTED TO STAND IN LINE
PRIOR TO THE OPENING OF THE STORE; AND
(V) THE TOTAL NUMBER OF PERSONNEL ASSIGNED TO WORK FOR THE DURATION OF
SUCH SALE; AND
(VI) ANY ADDITIONAL INFORMATION AS THE COMMISSIONER MAY REQUIRE.
S. 3021 3
S 20-542 ISSUANCE OF LICENSE. UPON THE FILING OF SUCH APPLICATION, THE
COMMISSIONER SHALL ISSUE SUCH LICENSE FOR THE DATE OF THE PROPOSED
DOORBUSTER SALE IF HE OR SHE FINDS THAT THE CROWD CONTROL PLAN IS
ADEQUATE TO ENSURE THE PUBLIC'S SAFETY FOR THE DURATION OF THE SALE.
S 20-543 RULES. 1. THE RETAILER SHALL ENSURE THAT ALL PERSONNEL SHALL
RECEIVE ADEQUATE TRAINING BY A LICENSED SECURITY GUARD RELATING TO CROWD
CONTROL, STORE SAFETY AND SALES PROCEDURES. THE LICENSED SECURITY GUARD
AND THE STORE MANAGER SHALL SIGN A LETTER OF CERTIFICATION FOR THE
EMPLOYEE TRAINED IN ORDER TO CERTIFY THAT THE EMPLOYEE HAS RECEIVED
PROPER TRAINING.
2. THE RETAILER SHALL DEVELOP AND INSTITUTE STORE POLICIES AND PROCE-
DURES WHICH ARE DESIGNED TO PROMOTE THE FAIR AND ORDERLY SALE OF
PRODUCTS WHICH ARE BEING OFFERED AT A REDUCED SALE PRICE INCLUDING BUT
NOT LIMITED TO:
A. SECURED AND MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES;
B. A FIRST COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS
WHICH ARE LIMITED IN QUANTITY; AND
C. PLACEMENT OF CERTAIN LIMITED QUANTITY ITEMS IN RESTRICTED AREAS
WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEASURES SO AS TO ALLOW
FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES ASSOCIATES ACCORDING
TO SET POLICIES AND PROCEDURES.
3. THE COMMISSIONER MAY MAKE AND PROMULGATE SUCH RULES AND REGULATIONS
AS HE OR SHE MAY DEEM NECESSARY FOR THE PROPER IMPLEMENTATION AND
ENFORCEMENT OF THIS SUBCHAPTER.
S 20-544 VIOLATIONS. 1. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SUBCHAPTER SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE THOUSAND DOLLARS. ANY SUBSEQUENT VIOLATIONS SHALL BE
PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS.
2. ANY PERSON VIOLATING THIS SUBCHAPTER SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT LESS THAN FIVE THOUSAND DOLLARS. A PROCEEDING TO RECOVER
ANY CIVIL PENALTY PURSUANT TO THIS SUBCHAPTER SHALL BE COMMENCED BY THE
SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE TO THE ADMINIS-
TRATIVE TRIBUNAL OF THE DEPARTMENT. ANY SUBSEQUENT VIOLATIONS SHALL BE
PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS.
S 20-545 HEARING AUTHORITY. 1. 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. SUCH DEPARTMENT SHALL
HAVE THE POWER TO RENDER DECISIONS AND ORDERS AND TO IMPOSE CIVIL PENAL-
TIES 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.
2. ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE
OF VIOLATION RETURNABLE TO THE ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT
OF CONSUMER AFFAIRS. THE COMMISSIONER SHALL PRESCRIBE THE FORM AND WORD-
ING 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.
S 2. The general business law is amended by adding a new article 29-FF
to read as follows:
S. 3021 4
ARTICLE 29-FF
DOORBUSTER SALES
SECTION 596-A. DEFINITIONS.
596-B. UNLAWFUL ADVERTISEMENT.
596-C. APPLICATION REQUIREMENTS.
596-D. RULES.
596-E. VIOLATIONS.
596-F. HEARING AUTHORITY.
S 596-A. DEFINITIONS. WHENEVER USED IN THIS ARTICLE, THE FOLLOWING
TERMS SHALL MEAN AND INCLUDE: (A) "DOORBUSTER SALE." A SALE OR AN OFFER
TO SELL TO THE PUBLIC, GOODS, WARES, AND MERCHANDISE OF ANY KIND AT A
SUBSTANTIALLY DISCOUNTED PRICE FOR A LIMITED TIME WHERE AT LEAST ONE OF
THE FOLLOWING FACTORS OCCUR:
(1) THE SALE FEATURES CERTAIN ITEMS AT A FURTHER REDUCED PRICE FOR A
LIMITED TIME ON THE DAY OF THE SALE; AND
(2) THE SALE FEATURES A LIMITED QUANTITY OF CERTAIN ITEMS AT A FURTHER
REDUCED PRICE TO ATTRACT USUALLY LARGER THAN ANTICIPATED CROWDS; AND
(3) LANGUAGE IS USED TO PROMOTE THE SALE WHICH ENTICES THE PUBLIC TO
WAIT IN LINE PRIOR TO THE RETAILER'S OPENING, INCLUDING BUT NOT LIMITED
TO "BLACK FRIDAY," "DOORBUSTER," AND "FIRST COME FIRST SERVED," OR THE
SALE IS ADVERTISED TO START EARLIER THAN THE RETAILER'S NORMAL BUSINESS
HOURS; AND
(4) DOORBUSTER SALES SHALL NOT INCLUDE "GOING OUT OF BUSINESS SALES"
AS DEFINED BY SECTION FIVE HUNDRED EIGHTY-ONE OF THIS CHAPTER.
(B) "LICENSING AUTHORITY." THE DEPARTMENT OR OFFICER OF ANY CITY, TOWN
OR VILLAGE ESTABLISHED FOR THE SPECIFIC PURPOSE OF ISSUING LICENSES, AND
WHERE THERE IS NO SUCH DEPARTMENT OR OFFICER, IT SHALL MEAN THE CLERK OF
SUCH CITY, TOWN OR VILLAGE.
S 596-B. UNLAWFUL ADVERTISEMENT. IT SHALL BE UNLAWFUL FOR ANY PERSON
TO ADVERTISE OR TO PUBLISH NOTICE PERTAINING TO OR TO CONDUCT A DOORBUS-
TER SALE WITHOUT FIRST OBTAINING A LICENSE ISSUED PURSUANT TO THIS ARTI-
CLE.
S 596-C. APPLICATION REQUIREMENTS. (A) ANY RETAILER DESIRING TO
CONDUCT A DOORBUSTER SALE AS DEFINED IN SECTION FIVE HUNDRED
NINETY-SIX-A OF THIS ARTICLE, SHALL FILE AN APPLICATION UNDER OATH TO
THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN, OR VILLAGE IN
WHICH THE SALE IS TO BE HELD. ANY RETAILER DESIRING TO CONDUCT A DOOR-
BUSTER SALE LOCATED WITHIN ANY BOROUGH OF THE CITY OF NEW YORK SHALL
COMPLY WITH THE PROVISIONS SET FORTH WITHIN SUBCHAPTER THIRTY-THREE OF
CHAPTER TWO OF TITLE TWENTY OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
(B) ALL APPLICATIONS FOR SUCH LICENSES SHALL BE FILED AT LEAST SIXTY
DAYS PRIOR TO THE DATE ON WHICH SUCH SALE IS TO COMMENCE.
(C) THE FEE FOR FILING SUCH APPLICATION SHALL BE ONE HUNDRED DOLLARS.
(D) IN ADDITION TO ANY OTHER INFORMATION REQUIRED, THE LICENSING
AUTHORITY SHALL REQUIRE THE FOLLOWING INFORMATION: (I) THE NAME AND
ADDRESS OF THE APPLICANT, WHETHER THE APPLICANT IS THE TRUE OWNER OF THE
GOODS, WARES OR MERCHANDISE TO BE SOLD, AND
(A) IF THE APPLICANT BE A PARTNERSHIP, THE NAMES AND ADDRESSES OF ALL
PARTNERS, OR
(B) IF THE APPLICANT BE A CORPORATION OR ASSOCIATION, THE DATE AND
PLACE OF INCORPORATION OR ORGANIZATION, THE ADDRESS OF THE PRINCIPAL
OFFICE WITHIN THE STATE, THE NAMES AND ADDRESSES OF ALL THE OFFICERS OF
THE APPLICANT AND WHETHER A CONTROLLING INTEREST IN THE CORPORATION OR
ASSOCIATION WAS TRANSFERRED WITHIN SIX MONTHS PRIOR TO THE DATE OF THE
FILING OF THE APPLICATION.
S. 3021 5
(II) THE NAME AND ADDRESS OF THE PERSON OR PERSONS WHO WILL BE IN
CHARGE AND RESPONSIBLE FOR THE CONDUCT OF SUCH SALE.
(III) THE EXACT ADDRESS OF THE PLACE AT WHICH SUCH SALE IS TO BE
CONDUCTED AND THE LENGTH OF TIME THE APPLICANT HAS BEEN ENGAGED IN BUSI-
NESS AT SUCH LOCATION.
(IV) THE DATE AND TIME SUCH SALE IS TO BEGIN AND THE DURATION OF SUCH
SALE.
(V) THE NATURE OF THE OCCUPANCY WHERE SUCH SALE IS TO BE HELD, WHETHER
BY LEASE OR OTHERWISE, AND THE EFFECTIVE DATE OF TERMINATION OF SUCH
OCCUPANCY.
(VI) A STATEMENT OF THE DESCRIPTIVE NAME OF THE SALE.
(VII) A VALID AND ACCURATE FLOOR PLAN OF THE LOCATION AT WHICH SUCH
SALE IS TO BE CONDUCTED, WITH THE DOORS TO BE USED AS ENTRANCES TO AND
EXITS FROM THE PROPOSED SALE CLEARLY MARKED.
(VIII) A DETAILED PLAN FOR CROWD CONTROL THAT IS DESIGNED TO ENSURE
ORDERLY AND SAFE ENTRANCE INTO THE STORE, INCLUDING THE FOLLOWING INFOR-
MATION:
(A) THE CAPACITY OF THE LOCATION OF SUCH SALE; AND
(B) AN EXPECTATION OF THE NUMBER OF PEOPLE ANTICIPATED TO ATTEND SUCH
SALE; AND
(C) THE NUMBER OF PERSONNEL ASSIGNED TO MANAGE THE ENTRANCES TO THE
STORE; AND
(D) THE TIME AT WHICH CUSTOMERS WILL BE PERMITTED TO STAND IN LINE
PRIOR TO THE OPENING OF THE STORE; AND
(E) THE TOTAL NUMBER OF PERSONNEL ASSIGNED TO WORK FOR THE DURATION OF
SUCH SALE; AND
(F) ANY ADDITIONAL INFORMATION AS THE LICENSING AUTHORITY MAY REQUIRE.
(E) UPON COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND SUBJECT TO
A FINDING BY THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR
VILLAGE IN WHICH THE DOORBUSTER SALE IS TO BE HELD, THAT THE CROWD
CONTROL PLAN IS ADEQUATE TO ENSURE THE PUBLIC'S SAFETY FOR THE DURATION
OF THE DOORBUSTER SALE, SUCH LICENSING AUTHORITY SHALL ISSUE A LICENSE
TO CONDUCT THE DOORBUSTER SALE, WITHIN FORTY-EIGHT HOURS AFTER
SUBMISSION OF THE APPLICATION, EXCLUSIVE OF SATURDAYS, SUNDAYS AND
PUBLIC HOLIDAYS.
S 596-D. RULES. (A) THE RETAILER SHALL ENSURE THAT ALL PERSONNEL SHALL
RECEIVE ADEQUATE TRAINING BY A LICENSED SECURITY GUARD RELATING TO CROWD
CONTROL, STORE SAFETY AND SALES PROCEDURES. THE LICENSED SECURITY GUARD
AND THE STORE MANAGER SHALL SIGN A LETTER OF CERTIFICATION FOR THE
EMPLOYEE TRAINED IN ORDER TO CERTIFY THAT THE EMPLOYEE HAS RECEIVED
PROPER TRAINING.
(B) THE RETAILER SHALL DEVELOP AND INSTITUTE STORE POLICIES AND PROCE-
DURES WHICH ARE DESIGNED TO PROMOTE THE FAIR AND ORDERLY SALE OF
PRODUCTS WHICH ARE BEING OFFERED AT A REDUCED SALE PRICE INCLUDING BUT
NOT LIMITED TO:
(1) SECURED AND MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES;
(2) A FIRST COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS
WHICH ARE LIMITED IN QUANTITY; AND
(3) PLACEMENT OF CERTAIN LIMITED QUANTITY ITEMS IN RESTRICTED AREAS
WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEASURES SO AS TO ALLOW
FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES ASSOCIATES ACCORDING
TO SET POLICIES AND PROCEDURES.
(C) THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE
IN WHICH THE DOORBUSTER SALE IS TO BE HELD, MAY MAKE AND PROMULGATE SUCH
RULES AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY FOR THE PROPER
IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE.
S. 3021 6
S 596-E. VIOLATIONS. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF
THIS ARTICLE SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE THOUSAND DOLLARS. ANY SUBSEQUENT VIOLATIONS SHALL BE
PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS.
(B) ANY PERSON VIOLATING THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT LESS THAN FIVE THOUSAND DOLLARS. A PROCEEDING TO RECOVER
ANY CIVIL PENALTY PURSUANT TO THIS ARTICLE SHALL BE COMMENCED BY THE
SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE TO THE LICENSING
AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE IN WHICH THE DOORBUS-
TER SALE IS TO BE HELD. ANY SUBSEQUENT VIOLATIONS SHALL BE PUNISHABLE
BY A FINE OF TEN THOUSAND DOLLARS.
S 596-F. HEARING AUTHORITY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE IN
WHICH THE DOORBUSTER SALE IS TO BE HELD, SHALL BE AUTHORIZED UPON DUE
NOTICE AND HEARING, TO IMPOSE CIVIL PENALTIES FOR THE VIOLATION OF ANY
PROVISION OF THIS ARTICLE AND ANY RULES PROMULGATED THEREUNDER. SUCH
LICENSING AUTHORITY SHALL HAVE THE POWER TO RENDER DECISIONS AND ORDERS
AND TO IMPOSE CIVIL PENALTIES NOT TO EXCEED THE AMOUNTS SPECIFIED IN
SECTION FIVE HUNDRED NINETY-SIX-E OF THIS ARTICLE FOR EACH SUCH
VIOLATION. ALL PROCEEDINGS AUTHORIZED PURSUANT TO THIS SECTION SHALL BE
CONDUCTED IN ACCORDANCE WITH RULES PROMULGATED BY SUCH LICENSING AUTHOR-
ITY. THE PENALTIES PROVIDED FOR IN SECTION FIVE HUNDRED NINETY-SIX-E OF
THIS ARTICLE 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 LICENSING AUTHORITY. SUCH LICENSING
AUTHORITY 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.
S 3. This act shall take effect immediately.