Section 20-611
§ 20-611 Definitions. Whenever used in this subchapter, the following
terms shall have the following meanings:
1. "Dealer of etching acid" shall mean any person, firm, partnership,
corporation or company that engages in the business of dispensing
etching acid.
2. "Dispense" shall mean to dispose of, give away, give, lease, loan,
keep for sale, offer, offer for sale, sell, transfer or otherwise
dispose of.
3. "Etching acid" shall have the same meaning set forth in subdivision
e of section 10-117.
4. "Personal information" shall mean data pertaining to the purchaser
of etching acid that may be used to identify such purchaser. Such
information shall be limited to the purchaser's name, address, type of
identification used in the purchase, identification number, if
applicable, the date of purchase and amount of acid dispensed to the
purchaser.
5. "Purchasing records" shall mean all written or electronically
recorded personal information about a purchaser of etching acid gathered
at the time of purchase by a dealer of etching acid as required by this
subchapter.
Section 20-612
§ 20-612 Requirements for purchase or sale. 1. Every dealer of etching
acid shall request valid photo identification from each purchaser of
etching acid at the time of such purchase and contemporaneously record
in writing or electronically such purchaser's personal information.
2. No person shall purchase etching acid without first providing his
or her personal information to the dealer of etching acid pursuant to
this subchapter. It shall be an affirmative defense to a violation of
this subdivision that the dealer failed to request personal information
from the purchaser of etching acid.
3. It shall be unlawful for any person to dispense etching acid to any
person without recording such purchaser's personal information.
Section 20-613
§ 20-613 Posting notice. Every dealer of etching acid shall
conspicuously post at every table, desk or counter where orders are
placed and/or payment is made a notice, the form and manner of which are
to be provided by rule of the commissioner, indicating that all
purchasers of etching acid shall be required to provide valid photo
identification and their personal information and such information shall
be recorded by the dealer of etching acid prior to purchase.
Section 20-614
§ 20-614 Records of purchase. 1. Purchasing records shall be kept in a
secure location and made available only to the commissioner and his or
her designee, or a police officer, and shall be used solely for the
purposes of enforcement of this subchapter and of state and local
anti-graffiti laws and rules.
2. a. Purchasing records shall be kept by dealers of etching acid for
one year.
b. All purchasing records and any other information pertaining to the
purchase or sale of etching acid shall be disposed of by the following
methods only:
i. shredding the records before the disposal of the records; or
ii. destroying the personal information contained in the records; or
iii. modifying the records to make the personal information
unreadable; or
iv. taking actions consistent with commonly accepted industry
practices reasonably believed to ensure that no unauthorized person will
have access to the personal information contained in the records.
Section 20-615
§ 20-615 Rules. 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.
Section 20-616
§ 20-616 Penalties. 1. Any person who violates the provisions of this
subchapter shall be guilty of a violation punishable by a fine of not
less than one hundred dollars and not more than two hundred fifty
dollars.
2. Any person violating this subchapter shall be subject to a civil
penalty of not less than one hundred dollars and not more than two
hundred fifty dollars. A proceeding to recover any civil penalty
pursuant to this section shall be commenced by the service of a notice
of hearing that shall be returnable to the administrative tribunal of
the department.
3. Any person who subsequently violates this subchapter within a
period of one year of the date of the first violation shall be guilty of
a violation, punishable by a fine of not less than five hundred dollars.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.