Proposed Int. No. 633-A
By Council Members Fidler, James, Nelson, Palma, Recchia Jr., Mitchell and Oddo
A
Local Law to amend the administrative code of the city of
Section
1. Chapter 2 of title 20 of the
administrative code of the city of
§ 20-250 Definitions.
§ 20-251 License
required.
§ 20-252
Application; License term; fees.
§ 20-253
Contracts.
§ 20-254
Powers
and duties of the commissioner.
§ 20-255 Records.
§ 20-256
Bond
Requirement.
§ 20-257
Penalties.
§20-250 Definitions. a. “Bridal shop” shall mean any person,
corporation, partnership, limited liability company, or any other entity
engaged in business with the principal purpose of regularly selling, or
offering for sale, items for or relating to a marriage or other civil
commitment ceremony, including, but not limited to, bridal gowns and related
accessories.
b.
“Commissioner” shall mean the commissioner of consumer affairs.
c. “Department”
shall mean the department of consumer affairs.
d. “Wedding photographer” shall mean any person,
corporation, partnership, limited liability company, or any other entity
engaged in business with the purpose of regularly selling, or offering for
sale, the service of recording still images or video of marriage or other civil
commitment ceremonies and related events.
§20-251 License
required. It shall be
unlawful for any person to engage in the business of owning or operating a
bridal shop or wedding photography without first having obtained a license in
accordance with the provisions of this subchapter, and without first being in
compliance with all other applicable law, rules and regulations.
§20-252 Application;
License
term; fees. a. 1. Each person applying for a bridal shop or
wedding photographer license, or renewal thereof, shall file an application in
such form and detail as the commissioner may prescribe and shall pay the fee
required by subdivision c of this section.
2. In addition
to any additional information required pursuant to rule, the applicant shall
provide the following:
(a) The name and address of the applicant.
(b) Any applicant who is a non-resident of the
city shall provide the name and address of a registered agent within the city
or designate the commissioner as his or her agent upon whom process or other
notification may be served.
(c) A current version of the customer contract
required pursuant to § 20-253 of this subchapter. Any amendment or modification of such
standard contract shall be provided to the commissioner within sixty days
following such amendment or modification.
b. All licenses issued pursuant to
this subchapter shall be valid for two years unless sooner suspended or
revoked. The commissioner shall establish by regulation the expiration date of
such licenses.
c. The annual fee for a license or renewal
thereof shall be one hundred twenty-five dollars.
§20-253 Contracts. Every bridal shop or wedding photographer
shall provide each consumer with a customer contract that shall, at minimum,
provide the following information:
a. The cost for each service or
product provided by the licensee, as well as information relating to any up
front fees or deposits required and outstanding balances left due.
b. Any additional fees associated
with additional products or services.
c. Any fees relating to
cancellation or early termination of the contract.
d. The terms of the refund policy
employed by such bridal shop or wedding photographer.
e. Any additional disclosures
required by rule of the commissioner.
§20-254 Powers
and duties of the commissioner. a.
The commissioner may make and promulgate such rules and regulations as may be
necessary for the proper implementation and enforcement of this subchapter.
b. In addition
to any other powers of the commissioner, not in limitation thereof, the
commissioner shall have the power to enforce the provisions of this subchapter,
to investigate any violation thereof, and to investigate the business, business
practices and business methods of any bridal shop or wedding photographer, if in the opinion of the commissioner, such investigation
is warranted. Each bridal shop or wedding photographer shall, upon the request
of the commissioner, supply such information as may be required concerning its
business practices, methods, or its proposed business practices or methods.
c. For the
purpose of enforcing the provisions of this subchapter, and in conducting
investigations relating to any violation thereof, and for the purpose of
investigating the business or business practices or methods of any bridal shop
or wedding photographer, the commissioner, or the commissioner's
designee, shall have the power to compel the attendance of witnesses and the
production of books and records, in accordance with the provisions of chapter
one of this title.
d. For the
purpose of this subchapter, licensees may be held responsible for statements,
representations, promises or acts of their employees or their agents within the
scope of their authority; provided, however, that licensees shall not be held
responsible for the statements, representations, promises or acts which are contrary
to instructions or which constitute gross negligence or intentional torts
unless specifically authorized by the licensee.
§20-255 Records. Every bridal shop and wedding photographer
shall maintain all records related to its daily operations, including but not
limited to, customer contracts and receipts.
Such records shall be maintained for a period of at least three years
from the date of such receipt and be made available for inspection by the
commissioner at his or her request.
§20-256 Bond
Requirement. Each
bridal shop and wedding photographer shall furnish a $5,000 bond to the
department conditioned upon:
a. compliance with all laws, rules
and regulations covering the conduct of bridal shops and wedding photographers;
b. payment to the City of New York of any fine,
penalty or other obligation imposed by the department for non-compliance with
any law(s), rule(s) or regulation(s) within 30 days of its imposition; and
c. payment of any final judgment against the bridal shop and wedding photographer. The bond shall be either a cash bond or a bond executed by a duly authorized surety company in a form acceptable to the commissioner.
§20-257 Penalties. a. Any person who, after notice and hearing
shall be found guilty of violating any provision of this subchapter, shall be
punished in accordance with the provisions of chapter one of this title and
shall be subject to a penalty of not less than one thousand dollars nor more
than five thousand dollars for each violation.
b. In addition to any other penalties, if a person is found to have committed repeated, multiple or persistent violations of any provision of this subchapter, such person may be responsible for the cost of the department's investigation.
§3. This local law shall take effect one hundred and twenty days after it shall have been enacted into law, except that, prior to such effective date, the commissioner of consumer affairs may promulgate rules or take any other action necessary for implementation of this local law.
LCC
LS#
3303
4/23/08