Bill S3021-2011

Requires licensing for doorbuster sales

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.

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  • Jan 4, 2012: REFERRED TO CITIES
  • Feb 7, 2011: REFERRED TO CITIES

Memo

BILL NUMBER:S3021

TITLE OF BILL: An act to amend the administrative code of the city of New York and the general business law, in relation to requiring licensing for doorbuster sales

PURPOSE: To ensure businesses have proper licenses and have taken certain safety precautions when conducting door buster sales.

SUMMARY OF PROVISION: Amends section 1, chapter 2 of title 20 of the administrative code of the city of New York by adding subchapter 33. The new subchapter includes definitions of what a door buster sale is, the license required, application, the issuance of the license, rules, violations, and hearing authority.

JUSTIFICATION: Door buster sales often attract large crowds to business stores and outlets, due to the many discounts offered. Safety is always an issue at these stores, due to high capacity of people, limited space.for customers, and inadequate security. The provisions ensure that businesses must apply for a license to have a door buster sale. They must meet certain requirements such as floor space, security measures, and a projection of customers expected to attend. These guidelines will ensure customers, employees, and bystanders are not harmed, and that security measures are in place to handle the influx of customers.

LEGISLATIVE HISTORY: 2009-10: S.3707 - Reported and Committed to Finance; A.11373

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3021 2011-2012 Regular Sessions IN SENATE 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
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 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:
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.
(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 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.

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