2006 New York Code - Advertising.



 
    §  20-116  Advertising.  a.  Any  person required to be licensed under
  chapter two or pursuant to provisions  of  state  law  enforced  by  the
  department  to carry on a trade, occupation or business activity, who is
  not so licensed may not advertise the availability of goods and services
  related to the  carrying  on  of  such  trade,  occupation  or  business
  activity   in   any  print  publication  or  broadcast  media  having  a
  circulation or audience within the city.
    b. The commissioner after notice and hearing shall  be  authorized  to
  impose   civil   penalties  upon  any  person  found  to  have  violated
  subdivision a of this section. Such penalties shall be levied  for  each
  broadcast of such advertisement and shall be not less than fifty dollars
  nor  more  than  two  hundred  fifty  dollars  for  each violation. Such
  penalties for printed advertisements shall be determined  based  on  the
  period  of  time  the  publication  in  which  the advertisement appears
  remains current. The current period shall be  determined  as  that  time
  when  a  publication is initially offered for sale until the period when
  the next dated publication is offered for sale. In no  case  shall  this
  period be less than twenty-four hours. If the current period is:
    daily, such penalty shall be not less than fifty dollars nor more than
  one hundred dollars per day;
    weekly,  such penalty shall be not less than two hundred fifty dollars
  nor more than three hundred fifty dollars per week;
    greater than one week and not more than one month, such penalty  shall
  be  not less than three hundred fifty dollars nor more than five hundred
  dollars;
    greater than one month, such penalty  shall  be  not  less  than  five
  hundred dollars nor more than one thousand dollars.
    Such  civil  penalties  may  be recovered in a civil action before any
  court having jurisdiction of such actions.
    c. The commissioner shall promulgate regulations  requiring  that  any
  person  required  to  be  licensed  under  this  title  or  pursuant  to
  provisions of state law enforced by the department shall  state  in  all
  print  advertising  with  respect  to such licensed activity the license
  number, and that the activity is licensed by the department.

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