Bill Text: NY S00954 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires licensing for doorbuster sales; defines "doorbuster sale"; establishes procedure for application and issuance of license for such sale; establishes penalties for violation and hearing authority; adds licensing requirements to the general business law.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CITIES [S00954 Detail]
Download: New_York-2013-S00954-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 954 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PARKER -- 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: 1 Section 1. Chapter 2 of title 20 of the administrative code of the 2 city of New York is amended by adding a new subchapter 33 to read as 3 follows: 4 SUBCHAPTER 33 5 DOORBUSTER SALES 6 S 20-539 DEFINITIONS. 7 S 20-540 LICENSE REQUIRED. 8 S 20-541 APPLICATION. 9 S 20-542 ISSUANCE OF LICENSE. 10 S 20-543 RULES. 11 S 20-544 VIOLATIONS. 12 S 20-545 HEARING AUTHORITY. 13 S 20-539 DEFINITIONS. WHENEVER USED IN THIS SUBCHAPTER, THE FOLLOWING 14 TERMS SHALL MEAN AND INCLUDE: 15 1. "DOORBUSTER SALE." A SALE OR AN OFFER TO SELL TO THE PUBLIC, GOODS, 16 WARES, AND MERCHANDISE OF ANY KIND AT A SUBSTANTIALLY DISCOUNTED PRICE 17 FOR A LIMITED TIME WHERE THE FOLLOWING FACTORS OCCUR: 18 A. THE SALE FEATURES CERTAIN ITEMS AT A FURTHER REDUCED PRICE FOR A 19 LIMITED TIME ON THE DAY OF THE SALE; AND 20 B. THE SALE FEATURES A LIMITED QUANTITY OF CERTAIN ITEMS AT A FURTHER 21 REDUCED PRICE TO ATTRACT USUALLY LARGER THAN ANTICIPATED CROWDS; AND 22 C. LANGUAGE IS USED TO PROMOTE THE SALE WHICH ENTICES THE PUBLIC TO 23 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. LBD02832-01-3 S. 954 2 1 TO "BLACK FRIDAY," "DOORBUSTER," AND "FIRST COME FIRST SERVED," OR THE 2 SALE IS ADVERTISED TO START EARLIER THAN THE RETAILER'S NORMAL BUSINESS 3 HOURS; AND 4 D. DOORBUSTER SALES SHALL NOT INCLUDE "GOING OUT OF BUSINESS SALES" AS 5 DEFINED BY SECTION 20-308 OF THIS CHAPTER. 6 2. "COMMISSIONER." THE COMMISSIONER OF CONSUMER AFFAIRS. 7 S 20-540 LICENSE REQUIRED. IT SHALL BE UNLAWFUL FOR ANY PERSON TO 8 ADVERTISE OR TO PUBLISH NOTICE PERTAINING TO OR TO CONDUCT A DOORBUSTER 9 SALE WITHOUT FIRST OBTAINING A LICENSE ISSUED PURSUANT TO THIS SUBCHAP- 10 TER. 11 S 20-541 APPLICATION. 1. EACH RETAILER APPLYING FOR A LICENSE SHALL 12 FILE AN APPLICATION IN SUCH FORM AND DETAIL AS THE COMMISSIONER MAY 13 PRESCRIBE AND SHALL PAY A FEE OF ONE HUNDRED DOLLARS. 14 2. ALL APPLICATIONS FOR SUCH LICENSES SHALL BE FILED AT LEAST SIXTY 15 DAYS PRIOR TO THE DATE ON WHICH SUCH SALE IS TO COMMENCE. 16 3. THE FEE FOR FILING SUCH APPLICATION SHALL BE ONE HUNDRED DOLLARS. 17 4. IN ADDITION TO ANY OTHER INFORMATION REQUIRED, THE COMMISSIONER 18 SHALL REQUIRE THE FOLLOWING INFORMATION: 19 A. THE NAME AND ADDRESS OF THE APPLICANT, WHETHER THE APPLICANT IS THE 20 TRUE OWNER OF THE GOODS, WARES OR MERCHANDISE TO BE SOLD, AND 21 (I) IF THE APPLICANT BE A PARTNERSHIP, THE NAMES AND ADDRESSES OF ALL 22 PARTNERS, OR 23 (II) IF THE APPLICANT BE A CORPORATION OR ASSOCIATION, THE DATE AND 24 PLACE OF INCORPORATION OR ORGANIZATION, THE ADDRESS OF THE PRINCIPAL 25 OFFICE WITHIN THE STATE, THE NAMES AND ADDRESSES OF ALL THE OFFICERS OF 26 THE APPLICANT AND WHETHER A CONTROLLING INTEREST IN THE CORPORATION OR 27 ASSOCIATION WAS TRANSFERRED WITHIN SIX MONTHS PRIOR TO THE DATE OF THE 28 FILING OF THE APPLICATION. 29 B. THE NAME AND ADDRESS OF THE PERSON OR PERSONS WHO WILL BE IN CHARGE 30 AND RESPONSIBLE FOR THE CONDUCT OF SUCH SALE. 31 C. THE EXACT ADDRESS OF THE PLACE AT WHICH SUCH SALE IS TO BE 32 CONDUCTED AND THE LENGTH OF TIME THE APPLICANT HAS BEEN ENGAGED IN BUSI- 33 NESS AT SUCH LOCATION. 34 D. THE DATE AND TIME SUCH SALE IS TO BEGIN AND THE DURATION OF SUCH 35 SALE. 36 E. THE NATURE OF THE OCCUPANCY WHERE SUCH SALE IS TO BE HELD, WHETHER 37 BY LEASE OR OTHERWISE, AND THE EFFECTIVE DATE OF TERMINATION OF SUCH 38 OCCUPANCY. 39 F. A STATEMENT OF THE DESCRIPTIVE NAME OF THE SALE. 40 G. A VALID AND ACCURATE FLOOR PLAN OF THE LOCATION AT WHICH SUCH SALE 41 IS TO BE CONDUCTED, WITH THE DOORS TO BE USED AS ENTRANCES TO AND EXITS 42 FROM THE PROPOSED SALE CLEARLY MARKED. 43 H. A DETAILED PLAN FOR CROWD CONTROL THAT IS DESIGNED TO ENSURE ORDER- 44 LY AND SAFE ENTRANCE INTO THE STORE, INCLUDING THE FOLLOWING INFORMA- 45 TION: 46 (I) THE CAPACITY OF THE LOCATION OF SUCH SALE; AND 47 (II) AN EXPECTATION OF THE NUMBER OF PEOPLE ANTICIPATED TO ATTEND SUCH 48 SALE; AND 49 (III) THE NUMBER OF PERSONNEL ASSIGNED TO MANAGE THE ENTRANCES TO THE 50 STORE; AND 51 (IV) THE TIME AT WHICH CUSTOMERS WILL BE PERMITTED TO STAND IN LINE 52 PRIOR TO THE OPENING OF THE STORE; AND 53 (V) THE TOTAL NUMBER OF PERSONNEL ASSIGNED TO WORK FOR THE DURATION OF 54 SUCH SALE; AND 55 (VI) ANY ADDITIONAL INFORMATION AS THE COMMISSIONER MAY REQUIRE. S. 954 3 1 S 20-542 ISSUANCE OF LICENSE. UPON THE FILING OF SUCH APPLICATION, THE 2 COMMISSIONER SHALL ISSUE SUCH LICENSE FOR THE DATE OF THE PROPOSED 3 DOORBUSTER SALE IF HE OR SHE FINDS THAT THE CROWD CONTROL PLAN IS 4 ADEQUATE TO ENSURE THE PUBLIC'S SAFETY FOR THE DURATION OF THE SALE. 5 S 20-543 RULES. 1. THE RETAILER SHALL ENSURE THAT ALL PERSONNEL SHALL 6 RECEIVE ADEQUATE TRAINING BY A LICENSED SECURITY GUARD RELATING TO CROWD 7 CONTROL, STORE SAFETY AND SALES PROCEDURES. THE LICENSED SECURITY GUARD 8 AND THE STORE MANAGER SHALL SIGN A LETTER OF CERTIFICATION FOR THE 9 EMPLOYEE TRAINED IN ORDER TO CERTIFY THAT THE EMPLOYEE HAS RECEIVED 10 PROPER TRAINING. 11 2. THE RETAILER SHALL DEVELOP AND INSTITUTE STORE POLICIES AND PROCE- 12 DURES WHICH ARE DESIGNED TO PROMOTE THE FAIR AND ORDERLY SALE OF 13 PRODUCTS WHICH ARE BEING OFFERED AT A REDUCED SALE PRICE INCLUDING BUT 14 NOT LIMITED TO: 15 A. SECURED AND MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES; 16 B. A FIRST COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS 17 WHICH ARE LIMITED IN QUANTITY; AND 18 C. PLACEMENT OF CERTAIN LIMITED QUANTITY ITEMS IN RESTRICTED AREAS 19 WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEASURES SO AS TO ALLOW 20 FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES ASSOCIATES ACCORDING 21 TO SET POLICIES AND PROCEDURES. 22 3. THE COMMISSIONER MAY MAKE AND PROMULGATE SUCH RULES AND REGULATIONS 23 AS HE OR SHE MAY DEEM NECESSARY FOR THE PROPER IMPLEMENTATION AND 24 ENFORCEMENT OF THIS SUBCHAPTER. 25 S 20-544 VIOLATIONS. 1. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS 26 SUBCHAPTER SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT 27 LESS THAN FIVE THOUSAND DOLLARS. ANY SUBSEQUENT VIOLATIONS SHALL BE 28 PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS. 29 2. ANY PERSON VIOLATING THIS SUBCHAPTER SHALL BE SUBJECT TO A CIVIL 30 PENALTY OF NOT LESS THAN FIVE THOUSAND DOLLARS. A PROCEEDING TO RECOVER 31 ANY CIVIL PENALTY PURSUANT TO THIS SUBCHAPTER SHALL BE COMMENCED BY THE 32 SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE TO THE ADMINIS- 33 TRATIVE TRIBUNAL OF THE DEPARTMENT. ANY SUBSEQUENT VIOLATIONS SHALL BE 34 PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS. 35 S 20-545 HEARING AUTHORITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF 36 LAW, THE DEPARTMENT SHALL BE AUTHORIZED UPON DUE NOTICE AND HEARING, TO 37 IMPOSE CIVIL PENALTIES FOR THE VIOLATION OF ANY PROVISION OF THIS 38 SUBCHAPTER AND ANY RULES PROMULGATED THEREUNDER. SUCH DEPARTMENT SHALL 39 HAVE THE POWER TO RENDER DECISIONS AND ORDERS AND TO IMPOSE CIVIL PENAL- 40 TIES NOT TO EXCEED THE AMOUNTS SPECIFIED IN SECTION 20-544 OF THIS 41 SUBCHAPTER FOR EACH SUCH VIOLATION. ALL PROCEEDINGS AUTHORIZED PURSUANT 42 TO THIS SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH RULES PROMULGATED 43 BY THE COMMISSIONER. THE PENALTIES PROVIDED FOR IN SECTION 20-544 OF 44 THIS SUBCHAPTER SHALL BE IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES 45 PROVIDED FOR THE ENFORCEMENT OF SUCH PROVISIONS UNDER ANY OTHER LAW 46 INCLUDING, BUT NOT LIMITED TO, CIVIL OR CRIMINAL ACTIONS OR PROCEEDINGS. 47 2. ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE 48 OF VIOLATION RETURNABLE TO THE ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT 49 OF CONSUMER AFFAIRS. THE COMMISSIONER SHALL PRESCRIBE THE FORM AND WORD- 50 ING OF NOTICES OF VIOLATION. THE NOTICE OF VIOLATION OR COPY THEREOF 51 WHEN FILLED IN AND SERVED SHALL CONSTITUTE NOTICE OF THE VIOLATION 52 CHARGED, AND, IF SWORN TO OR AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF 53 THE FACTS CONTAINED THEREIN. 54 S 2. The general business law is amended by adding a new article 29-FF 55 to read as follows: S. 954 4 1 ARTICLE 29-FF 2 DOORBUSTER SALES 3 SECTION 596-A. DEFINITIONS. 4 596-B. UNLAWFUL ADVERTISEMENT. 5 596-C. APPLICATION REQUIREMENTS. 6 596-D. RULES. 7 596-E. VIOLATIONS. 8 596-F. HEARING AUTHORITY. 9 S 596-A. DEFINITIONS. WHENEVER USED IN THIS ARTICLE, THE FOLLOWING 10 TERMS SHALL MEAN AND INCLUDE: (A) "DOORBUSTER SALE." A SALE OR AN OFFER 11 TO SELL TO THE PUBLIC, GOODS, WARES, AND MERCHANDISE OF ANY KIND AT A 12 SUBSTANTIALLY DISCOUNTED PRICE FOR A LIMITED TIME WHERE AT LEAST ONE OF 13 THE FOLLOWING FACTORS OCCUR: 14 (1) THE SALE FEATURES CERTAIN ITEMS AT A FURTHER REDUCED PRICE FOR A 15 LIMITED TIME ON THE DAY OF THE SALE; AND 16 (2) THE SALE FEATURES A LIMITED QUANTITY OF CERTAIN ITEMS AT A FURTHER 17 REDUCED PRICE TO ATTRACT USUALLY LARGER THAN ANTICIPATED CROWDS; AND 18 (3) LANGUAGE IS USED TO PROMOTE THE SALE WHICH ENTICES THE PUBLIC TO 19 WAIT IN LINE PRIOR TO THE RETAILER'S OPENING, INCLUDING BUT NOT LIMITED 20 TO "BLACK FRIDAY," "DOORBUSTER," AND "FIRST COME FIRST SERVED," OR THE 21 SALE IS ADVERTISED TO START EARLIER THAN THE RETAILER'S NORMAL BUSINESS 22 HOURS; AND 23 (4) DOORBUSTER SALES SHALL NOT INCLUDE "GOING OUT OF BUSINESS SALES" 24 AS DEFINED BY SECTION FIVE HUNDRED EIGHTY-ONE OF THIS CHAPTER. 25 (B) "LICENSING AUTHORITY." THE DEPARTMENT OR OFFICER OF ANY CITY, TOWN 26 OR VILLAGE ESTABLISHED FOR THE SPECIFIC PURPOSE OF ISSUING LICENSES, AND 27 WHERE THERE IS NO SUCH DEPARTMENT OR OFFICER, IT SHALL MEAN THE CLERK OF 28 SUCH CITY, TOWN OR VILLAGE. 29 S 596-B. UNLAWFUL ADVERTISEMENT. IT SHALL BE UNLAWFUL FOR ANY PERSON 30 TO ADVERTISE OR TO PUBLISH NOTICE PERTAINING TO OR TO CONDUCT A DOORBUS- 31 TER SALE WITHOUT FIRST OBTAINING A LICENSE ISSUED PURSUANT TO THIS ARTI- 32 CLE. 33 S 596-C. APPLICATION REQUIREMENTS. (A) ANY RETAILER DESIRING TO 34 CONDUCT A DOORBUSTER SALE AS DEFINED IN SECTION FIVE HUNDRED 35 NINETY-SIX-A OF THIS ARTICLE, SHALL FILE AN APPLICATION UNDER OATH TO 36 THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN, OR VILLAGE IN 37 WHICH THE SALE IS TO BE HELD. ANY RETAILER DESIRING TO CONDUCT A DOOR- 38 BUSTER SALE LOCATED WITHIN ANY BOROUGH OF THE CITY OF NEW YORK SHALL 39 COMPLY WITH THE PROVISIONS SET FORTH WITHIN SUBCHAPTER THIRTY-THREE OF 40 CHAPTER TWO OF TITLE TWENTY OF THE ADMINISTRATIVE CODE OF THE CITY OF 41 NEW YORK. 42 (B) ALL APPLICATIONS FOR SUCH LICENSES SHALL BE FILED AT LEAST SIXTY 43 DAYS PRIOR TO THE DATE ON WHICH SUCH SALE IS TO COMMENCE. 44 (C) THE FEE FOR FILING SUCH APPLICATION SHALL BE ONE HUNDRED DOLLARS. 45 (D) IN ADDITION TO ANY OTHER INFORMATION REQUIRED, THE LICENSING 46 AUTHORITY SHALL REQUIRE THE FOLLOWING INFORMATION: (I) THE NAME AND 47 ADDRESS OF THE APPLICANT, WHETHER THE APPLICANT IS THE TRUE OWNER OF THE 48 GOODS, WARES OR MERCHANDISE TO BE SOLD, AND 49 (A) IF THE APPLICANT BE A PARTNERSHIP, THE NAMES AND ADDRESSES OF ALL 50 PARTNERS, OR 51 (B) IF THE APPLICANT BE A CORPORATION OR ASSOCIATION, THE DATE AND 52 PLACE OF INCORPORATION OR ORGANIZATION, THE ADDRESS OF THE PRINCIPAL 53 OFFICE WITHIN THE STATE, THE NAMES AND ADDRESSES OF ALL THE OFFICERS OF 54 THE APPLICANT AND WHETHER A CONTROLLING INTEREST IN THE CORPORATION OR 55 ASSOCIATION WAS TRANSFERRED WITHIN SIX MONTHS PRIOR TO THE DATE OF THE 56 FILING OF THE APPLICATION. S. 954 5 1 (II) THE NAME AND ADDRESS OF THE PERSON OR PERSONS WHO WILL BE IN 2 CHARGE AND RESPONSIBLE FOR THE CONDUCT OF SUCH SALE. 3 (III) THE EXACT ADDRESS OF THE PLACE AT WHICH SUCH SALE IS TO BE 4 CONDUCTED AND THE LENGTH OF TIME THE APPLICANT HAS BEEN ENGAGED IN BUSI- 5 NESS AT SUCH LOCATION. 6 (IV) THE DATE AND TIME SUCH SALE IS TO BEGIN AND THE DURATION OF SUCH 7 SALE. 8 (V) THE NATURE OF THE OCCUPANCY WHERE SUCH SALE IS TO BE HELD, WHETHER 9 BY LEASE OR OTHERWISE, AND THE EFFECTIVE DATE OF TERMINATION OF SUCH 10 OCCUPANCY. 11 (VI) A STATEMENT OF THE DESCRIPTIVE NAME OF THE SALE. 12 (VII) A VALID AND ACCURATE FLOOR PLAN OF THE LOCATION AT WHICH SUCH 13 SALE IS TO BE CONDUCTED, WITH THE DOORS TO BE USED AS ENTRANCES TO AND 14 EXITS FROM THE PROPOSED SALE CLEARLY MARKED. 15 (VIII) A DETAILED PLAN FOR CROWD CONTROL THAT IS DESIGNED TO ENSURE 16 ORDERLY AND SAFE ENTRANCE INTO THE STORE, INCLUDING THE FOLLOWING INFOR- 17 MATION: 18 (A) THE CAPACITY OF THE LOCATION OF SUCH SALE; AND 19 (B) AN EXPECTATION OF THE NUMBER OF PEOPLE ANTICIPATED TO ATTEND SUCH 20 SALE; AND 21 (C) THE NUMBER OF PERSONNEL ASSIGNED TO MANAGE THE ENTRANCES TO THE 22 STORE; AND 23 (D) THE TIME AT WHICH CUSTOMERS WILL BE PERMITTED TO STAND IN LINE 24 PRIOR TO THE OPENING OF THE STORE; AND 25 (E) THE TOTAL NUMBER OF PERSONNEL ASSIGNED TO WORK FOR THE DURATION OF 26 SUCH SALE; AND 27 (F) ANY ADDITIONAL INFORMATION AS THE LICENSING AUTHORITY MAY REQUIRE. 28 (E) UPON COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND SUBJECT TO 29 A FINDING BY THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR 30 VILLAGE IN WHICH THE DOORBUSTER SALE IS TO BE HELD, THAT THE CROWD 31 CONTROL PLAN IS ADEQUATE TO ENSURE THE PUBLIC'S SAFETY FOR THE DURATION 32 OF THE DOORBUSTER SALE, SUCH LICENSING AUTHORITY SHALL ISSUE A LICENSE 33 TO CONDUCT THE DOORBUSTER SALE, WITHIN FORTY-EIGHT HOURS AFTER 34 SUBMISSION OF THE APPLICATION, EXCLUSIVE OF SATURDAYS, SUNDAYS AND 35 PUBLIC HOLIDAYS. 36 S 596-D. RULES. (A) THE RETAILER SHALL ENSURE THAT ALL PERSONNEL SHALL 37 RECEIVE ADEQUATE TRAINING BY A LICENSED SECURITY GUARD RELATING TO CROWD 38 CONTROL, STORE SAFETY AND SALES PROCEDURES. THE LICENSED SECURITY GUARD 39 AND THE STORE MANAGER SHALL SIGN A LETTER OF CERTIFICATION FOR THE 40 EMPLOYEE TRAINED IN ORDER TO CERTIFY THAT THE EMPLOYEE HAS RECEIVED 41 PROPER TRAINING. 42 (B) THE RETAILER SHALL DEVELOP AND INSTITUTE STORE POLICIES AND PROCE- 43 DURES WHICH ARE DESIGNED TO PROMOTE THE FAIR AND ORDERLY SALE OF 44 PRODUCTS WHICH ARE BEING OFFERED AT A REDUCED SALE PRICE INCLUDING BUT 45 NOT LIMITED TO: 46 (1) SECURED AND MARKED WAITING AREAS OUTSIDE THE RETAIL PREMISES; 47 (2) A FIRST COME-FIRST SERVED OR LOTTERY NUMBER ISSUE SYSTEM FOR GOODS 48 WHICH ARE LIMITED IN QUANTITY; AND 49 (3) PLACEMENT OF CERTAIN LIMITED QUANTITY ITEMS IN RESTRICTED AREAS 50 WHICH ARE SECURED BY STAFF AND/OR OTHER SECURITY MEASURES SO AS TO ALLOW 51 FOR THE ORDERLY DISTRIBUTION OF SUCH ITEMS BY SALES ASSOCIATES ACCORDING 52 TO SET POLICIES AND PROCEDURES. 53 (C) THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE 54 IN WHICH THE DOORBUSTER SALE IS TO BE HELD, MAY MAKE AND PROMULGATE SUCH 55 RULES AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY FOR THE PROPER 56 IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE. S. 954 6 1 S 596-E. VIOLATIONS. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF 2 THIS ARTICLE SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT 3 LESS THAN FIVE THOUSAND DOLLARS. ANY SUBSEQUENT VIOLATIONS SHALL BE 4 PUNISHABLE BY A FINE OF TEN THOUSAND DOLLARS. 5 (B) ANY PERSON VIOLATING THIS ARTICLE SHALL BE SUBJECT TO A CIVIL 6 PENALTY OF NOT LESS THAN FIVE THOUSAND DOLLARS. A PROCEEDING TO RECOVER 7 ANY CIVIL PENALTY PURSUANT TO THIS ARTICLE SHALL BE COMMENCED BY THE 8 SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE TO THE LICENSING 9 AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE IN WHICH THE DOORBUS- 10 TER SALE IS TO BE HELD. ANY SUBSEQUENT VIOLATIONS SHALL BE PUNISHABLE 11 BY A FINE OF TEN THOUSAND DOLLARS. 12 S 596-F. HEARING AUTHORITY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF 13 LAW, THE LICENSING AUTHORITY OF THE APPROPRIATE CITY, TOWN OR VILLAGE IN 14 WHICH THE DOORBUSTER SALE IS TO BE HELD, SHALL BE AUTHORIZED UPON DUE 15 NOTICE AND HEARING, TO IMPOSE CIVIL PENALTIES FOR THE VIOLATION OF ANY 16 PROVISION OF THIS ARTICLE AND ANY RULES PROMULGATED THEREUNDER. SUCH 17 LICENSING AUTHORITY SHALL HAVE THE POWER TO RENDER DECISIONS AND ORDERS 18 AND TO IMPOSE CIVIL PENALTIES NOT TO EXCEED THE AMOUNTS SPECIFIED IN 19 SECTION FIVE HUNDRED NINETY-SIX-E OF THIS ARTICLE FOR EACH SUCH 20 VIOLATION. ALL PROCEEDINGS AUTHORIZED PURSUANT TO THIS SECTION SHALL BE 21 CONDUCTED IN ACCORDANCE WITH RULES PROMULGATED BY SUCH LICENSING AUTHOR- 22 ITY. THE PENALTIES PROVIDED FOR IN SECTION FIVE HUNDRED NINETY-SIX-E OF 23 THIS ARTICLE SHALL BE IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES 24 PROVIDED FOR THE ENFORCEMENT OF SUCH PROVISIONS UNDER ANY OTHER LAW 25 INCLUDING, BUT NOT LIMITED TO, CIVIL OR CRIMINAL ACTIONS OR PROCEEDINGS. 26 (B) ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE 27 OF VIOLATION RETURNABLE TO THE LICENSING AUTHORITY. SUCH LICENSING 28 AUTHORITY SHALL PRESCRIBE THE FORM AND WORDING OF NOTICES OF VIOLATION. 29 THE NOTICE OF VIOLATION OR COPY THEREOF WHEN FILLED IN AND SERVED SHALL 30 CONSTITUTE NOTICE OF THE VIOLATION CHARGED, AND, IF SWORN TO OR 31 AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 32 S 3. This act shall take effect immediately.