Salon

How to Avoid a Violation:

• Ensure the space (building or lot) you own or rent has a current Certificate of Occupancy on file with the Department of Buildings (DOB).
• If you own or rent a space constructed before 1938, make sure your space has a Letter of No Objection from the Department of Buildings (DOB).
• If you plan to change the use, egress, or occupancy of your space, make sure the property owner has filed for an amended Certificate of Occupancy.
• Verify that your type of business is consistent with the use authorized by the Certificate of Occupancy.
• Do not own or operate any business in a space where it is not authorized, or in a zoning district where it is not allowed.

Additional Information:

• Certificate of Occupancy
• Buildings Information System
• Know Your Zoning District
• Find Your DOB Borough Office
• Resolve a Summons or Violation

Legal Basis: 

NYC Construction Code  §28-118

Violation Type:

Consumer Protection

How to Avoid​ a​​ ​Violation:

• ​​Ensure​​​ your sales ads and practices are not false or misleading. 
• ​​Clearly display the pre-sale price f​​or any item ​you ​list​ed​ as “on sale”​.​
• ​​Maintain​​ ​reasonable quantities of the item available before advertising the sale.

Legal Basis:

NYC Administrative Code §20-700

Cash Payments

1. Your store cannot refuse to accept cash payments from consumers (NYC Code §20-840).

• Your store may refuse bills above $20.
• Your store may refuse cash payments for telephone, mail, or internet-based transactions, unless the transaction takes place in the store.
• Your store may accept prepaid cards from an on-site device that converts cash into prepaid cards, but only if:
• The device does not charge a fee for the prepaid card or require a minimum deposit above $1.
• Upon request, the device provides the consumer with a receipt stating the amount of cash the consumer deposited onto the prepaid card.
• Cash deposits onto the prepaid card do not expire.
• There is no limit on the number of transactions a consumer can complete with the prepaid card.

You must clearly post a sign on or immediately next to the device when it is not working that states your store is required to accept cash payments and consumers may report violations by calling 311.

2. Your store cannot charge a consumer who pays in cash a higher price for the same “consumer commodity” than a consumer who pays by credit card or other cashless transaction. (NYC Code §20-840(c))

Tip: “Consumer commodity” means any article, good, merchandise, product, or commodity of any kind that is produced, distributed, or offered for retail sale.

Violation Type: Pricing

How to Avoid ​a​​​ Violation:

• ​​Label a​​​ll sale ​items ​with a​ clearly visible price.
• ​​​P​​rice​ tags ​​​must be attached to the item​,​ or on a sign where the item is displayed.

Additional Information:

• Inspection Checklist: General Retail

Legal Basis:

NYC Administrative Code §20-708

Violation Type: Receipts and Refunds

How to Avoid ​a​​​ Violation:

• Give receipts to customers for purchases over $20​,​ and upon request for purchases between $5 and $20.
• For food or drink that is meant to be consumed at your business, ​provide receipts upon request if the purchase is more than $5.
• Make sure receipts are complete and correct. Receipts must show:
  • Your business name and address​.​ ​ ​​​​
  • Department of Consumer and Worker Protection (​DCWP​)​ license number​ for your business.​​
  • Amount of money paid for each item.
  • Total amount the customer paid, including a separate line for tax.
  • Date of the purchase
  • Make and model of audio, photographic​,​ or video equipment that costs more than $100.

Additional Information:

• Inspection Checklist: General Retail

Legal Basis: 

Rules of the City of New York: Title 6 §5-32

Rules of the City of New York: Title 6 §1-05

Violation Type: Pricing

How to Avoid ​a​​​ Violation:

• Post a price list with the​ services offered and the price for each service.
• Clearly display the price list near the cash register or where orders are placed.
• If ​prices are listed as a range​​, for example ​“​$100 and up,​”​ state the reason for the price range and include every price in the range.
• If the price is based on an hourly labor rate, ​list​​​ the price as dollars per hour.

Additional Information:

• Inspection Checklist: General Retail

Legal Basis:

Rules of the City of New York: Title 6 §5-70(a)

Violation Type: Receipts and Refunds

How to Avoid ​a​​​ Violation:

• Post your refund policy at each register, at the point of sale, or at each entrance.
• If your policy is not to give refunds, post a sign that says “No Refunds.”  

Additional Information:

• Inspection Checklist: General Retail

Legal Basis:

Rules of the City of New York: Title 6 §5-37

Violation Type: Administrative Hearings

How to Avoid ​a​​ Violation:

• If a DCWP Inspector issues a violation while inspecting your business, you will be given a Summons. The Summons will include a time and date to appear at a hearing at the Office of Administrative Trials and Hearings (OATH). 
• Respond to the Summons:
  • Disput​ing​​​ the violation and appear​ing​ at the hearing. You may bring an attorney or representative to the hearing to present evidence and arguments.
  • Accept​ing​ the violation and ​request​​ing​ a settlement from DCWP prior to the hearing. 
  • If you ignore the Summons, DCWP will issue additional violations and fines.

Additional Information:

• Resolve DCWP Issues

Legal Basis:

Rules of the City of New York: Title 6 §1-14.1

How to Avoid a Violation: 

• To avoid unnecessary and disruptive noise, ensure ​circulation devices (​for example ​​e.g.​, air conditioners, HVACs, etc.) are well maintained​ to avoid disruptive noises​​.

Additional Information:

• New York City's Noise Code Guide
• Noise Control for Building Interior Heating, Ventilation, and Air Conditioning Equipment Guidance Sheet
• Information About the Noise Code

Legal Basis:

Circulation devices  §24-227

How to Avoid ​a​​ ​Violation:

• It is unlawful to use any sound reproduction device​,​ such as speakers or a radio​,​ for commercial or business advertising purposes to ​draw​​ ​attention to your merchandise or for any performance.
• Business owners ​are prohibited from ​plac​ing​​​ speakers near or outside​​ doors or windows to attract customers into the premises​.​​​​ This​ includ​es​​ playing such devices ​inside the establishment ​so t​he sound ​​can be heard outside in ​public​ areas​​​.

Additional Information:

• New York City's Noise Code Guide
• Information About the Noise Code
• Watch ​this​​ short video to ​learn more ​about playing music in commercial establishments​

Legal Basis:

Sound reproduction devices §24-244

How to Avoid ​a ​Violation:

• Owners of boilers with a capacity of 350,000 BTUs or higher must register their equipment every three years.
• Building owners​ or ​​​managers who meet this threshold should ​consult a with a design professional or a Licensed Master Plumber ​discuss their building heating system.

Additional Information:

• Air Pollution & Regulation
• Boiler FAQ
  

Legal Basis:

Registrations §24-109 

Code: VC20

Violation Type: Inspection and Testing

How to Avoid a Violation:

• Test your fire suppression systems tested after installation.
• Schedule appointments for periodic systems testing. 
• Keep your records up to date.
• Ensure records are readily available for a FDNY representative upon request.
• Have appropriate Certificate of Fitness holders.

Additional Information:

• NYC Fire Department Inspections
• NYC Fire Code
• NYC Fire Code Guide
• NYC Fire Department Permits 
• FDNY Business Login 

Legal Basis: 

NYC Fire Code §107.1

How to Avoid a Violation:

• ​​Maintain​ proper fire safety/prevention supervision of storage, handling, and use.
• Keep your records up to date.
• ​​Ensure​ records are ​readily ​available for ​a ​FDNY representative upon request.

Additional Information:

• Certificate of Fitness
• NYC Fire Code Guide
• NYC Fire Code
• FDNY Business Login

Legal Basis: 

NYC Fire Code §113.1

Code: VC3

Violation Type: Permits

How to Avoid the Violation:

• Make sure to obtain the proper permits.
• Remember to renew the permits.
• Be sure to save the receipt after paying the bill for the permit.

Additional Information:

• NYC Fire Department Permits
• NYC Fire Code
• FDNY Business Login
• NYC Fire Code Guide

Legal Basis: 

NYC Fire Code §105.6

Code: VC12

Violation Type: Fire Protection Systems

How to Avoid a Violation:

• Repair defective Fire Protection System(s).
• Have ​an ​appropriate Certificate of Fitness Holder​.​

Additional Information:

• NYC Fire Code Guide
• NYC Fire Code
• NYC Fire Department Permits 
• FDNY Business Login 
• Certificate of Fitness
• Fire Alarm Systems Installation, Inspection, Testing and Service Company Recognition

Legal Basis:

 NYC Fire Code §901.6

Code: VC6

Violation Type: Signs, Postings, Notices, and Instructions

How to Avoid the Violation:

• Ensure all signs, postings, notices, and instructions are visible and available for inspection.
• Keep your signs, postings, notices, and instructions up to date.
• Have an appropriate Certificate of Fitness holder.

Additional Information:

• NYC Fire Code Guide
• NYC Fire Code 
• Certificate of Fitness

Legal Basis: 

NYC Fire Code (varies with materials on premises)

Code: VC5

Violation Type: Record Keeping

How to Avoid a Violation:

• Keep your records up to date.
• ​​Ensure​​​ all records are ​readily ​available for ​a ​FDNY representative at inspection.
• Have appropriate Certificate of Fitness holders​.​ 

Additional Information:

• NYC Fire Code Guide
• NYC Fire Code
• NYC Fire Department Permits 
• FDNY Business Login 
• Certificate of Fitness

Legal Basis: 

NYC Fire Code §107.7

How to Avoid a ​​Violation:

• Keep sidewalks and adjacent areas clean. These areas include gutters (18 inches from the curb into the street), tree pits and grass strips, driveways, alleys, parking lots, front and backyards, and open storage areas. These spaces must be kept clear of anything that could obstruct pedestrian traffic, including garbage, waste receptacles, merchandise, or A-frame signs. 

Additional Information:

• Information about Sidewalks and Cleaning Laws

Legal Basis:

NYC Administrative Code  §16-118(2)(a)

How to Avoid ​​a ​Violation:

• Place receptacles or bags containing solid waste or recyclables out at the curb for collection after 8:00 PM prior to scheduled collection.
• Materials ​in receptacles with a tight-fitting lid, and designated recyclable paper that is tied and bundled securely without a container, may be placed out for collection at the curb no earlier than one hour before closing, provided that the scheduled collection occurs before the establishment next reopens for business.
• Any receptacle placed out for collection must be removed from the curb no later than the time the commercial establishment next reopens for business.

​​NOTE: ​Commercial establishments that receive off-street collection, including collection from inside a loading dock, are exempt from these requirements. ​ 

• Setout Times 
  https://www.nyc.gov/assets/dsny/site/services/collection-setout-times

Legal Basis:

Rules of the City of New York Title 16 §1-02.1 (b) 
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-132489

How to Avoid ​a​ Violation:

• Recycle, at a minimum, all bulk metal, corrugated cardboard, office paper, magazines, catalogs, phone books, newspaper, and textiles (if over 10 percent of your waste stream).
• Set out trash in black bags or covered bins and bundle recyclables in labeled covered bins or clear plastic bags.

Additional Information:

• Recycling for Businesses 

Legal Basis: 

Rules of the City of New York: Title 16 §1-10

How to Avoid ​a Violation:

• ​​Do not use trash or recycling receptacles belonging to others without their permission​.​​
• ​​D​​o not place garbage or recycling in front of any premises other than your own.

Additional Information:

Collection and Setout Laws for Businesses

Legal Basis:

NYC Administrative Code §16-120(a)

How to Avoid ​a ​​​Violation:

Post a ​clearly labeled decal that ​states the name of the private carter ​that has been hired to provide services, the type of service rendered ​(​for example, ​garbage collection, source-separated recycling, co-collection of recycling or single-stream collection of recycling)​,​ and the days and times the service(s) is provided. The NYC Department of Sanitation does not collect commercial waste. 

Additional Information: 

• Private Carter Guidelines 
• Collection and Setout Laws for Businesses

How to Avoid a Violation:  

• Clean snow and/or ice from the sidewalk after the snow has stopped falling. 
• Do not shovel snow into the street. 
• ​​Snow-melting material such as sand or salt may be used if the snow or ice becomes frozen and cannot be cleared from the sidewalk.

Additional Information:

• Cleaning Laws
• Snow Laws

Legal Basis:

 NYC Administrative Code §16-123 

How to Avoid ​a Violation:

• Do not dispose of automotive or car batteries with trash or recycling. Improper disposal of automotive or car batteries is illegal. ​

Additional Information:

• Battery Disposal
• NYDEC Lead-Acid Batteries 

Legal Basis:

NYS Environmental Conservation Law § 27-1701(3)

How to Avoid ​a​ Violation:

• Do not dispose of any materials considered to be electronic waste with trash or recycling.​​ Improper disposal of electronic waste is illegal. ​
• NOTE: Only certain items qualify as e-waste under the NYS Electronic Equipment Recycling and Reuse Act

Additional Information:

• Electronics (E-Waste) Disposal 
• NYDEC Electronics Waste Recycling  
  

Legal Basis:

Rules of the City of New York: Title 16 §1-04.2 

How to Avoid ​a ​​Violation:

• Do not allow noxious liquids to fall on any public place run into the street.

Additional Information:

• Harmful Product Disposal 
  
• Cleaning Laws
  

Legal Basis:

NYC Administrative Code §16-118(3) 

How to Avoid​ a​​ Violation:

• Do not dispose of commercial refuse or liquids in DSNY litter baskets. Sanitation litter baskets are designed for light waste and for use by pedestrians only. 
• Do not use litter baskets to display merchandise or wares.

Additional Information:

• Collection and Setout Laws for Businesses

Legal Basis:

NYC Administrative Code §16-120(e)

How to Avoid a Violation:

• Securely bundle, tie, or package waste and recycling before placing out for collection to avoid it being blown away or scattered on the street.

Additional Information:

• Cleaning Laws

Legal Basis: 

NYC Administrative Code §16-120(3)(d)

How to Avoid the Violation:

• Do not place items like boxes, barrels, garbage containers, or movable property like ATMs on a public street. It is illegal. 
• NOTE: Construction containers are allowed with an appropriate permit.

Additional Information:

• Information on Sidewalk and Street Obstructions 
  

Legal Basis:

NYC Administrative Code §16-122(b)