Specific Business and Industry Regulations
RCNY tit. 6, ch. 5, subch. A, pt. 5
in effect6 RCNY § 5-47 Jewelry Sellers and Appraisers.
§ 5-47 Jewelry Sellers and Appraisers.
(a) Definitions.
Jewelry. "Jewelry" means unset rare gems, precious stones and semi-precious stones, and articles for personal wear which contain rare gems, precious stones or semi-precious stones.
Standard of monetary value. "Standard of monetary value" means the basis for measurement such as retail replacement value, wholesale value, or resale value.
(b) Jewelry appraisals – requirements.
(1) Every written appraisal must state the standard of monetary value used, clearly and on the same side of the paper that contains the appraised value. If the standard used is the retail replacement value, the appraisal form must contain a notice which states clearly and conspicuously:
(i) that the appraisal value is the approximate price at which retail jewelry stores would sell the item;
(ii) that the consumer should not expect to be able to sell the item at the appraised value;
(iii) that appraisers' opinions as to the value of jewelry vary by as much as 25 percent; and
(iv) that the appraiser does not guarantee that it will buy the item from the consumer if the consumer desires to resell it in the future. (If the appraiser is willing to make such a guarantee, then it must state the price at which it will buy the item.) This disclosure need not be made if the appraiser never buys jewelry from members of the public.
(2) Example: The following notice would satisfy the requirements of 6 RCNY § 5-47(b), in the case of an appraiser who also buys from the public and who is not willing to make any guarantees concerning purchase:
Notice – This appraisal tells you the approximate price at which you could replace this article with comparable merchandise at a retail jewelry store which normally sells jewelry of like quality. You should not expect to be able to sell the article for this amount. The opinions of appraisers concerning value vary by up to 25 percent. This company does not promise to buy the article from you at the appraised value or at any fraction of the appraised value.
(c) Jewelry sales – requirements. A seller who offers to sell an article of jewelry for more than $75.00 must give to the buyer, at or before the time of sale, a written sales slip which conspicuously contains:
(1) the price;
(2) in the case of a diamond or any article containing a diamond, the weight of the diamond(s) stated in the manner and within the limits of tolerance established by the Federal Trade Commission; and
(3) a description of the article, stating all materials of which it is composed. [If a synthetic gem's composition is a trade secret, its trade name may be disclosed instead of its actual composition; in such a case, the words "imitation" or "synthetic" must be placed immediately before or after the trade name.]
(d) Sales and appraisals – prohibited practices. A seller may not mislead the consumer about any characteristic of the jewelry, including its type, kind, name, grade, quality, quantity, size, weight, cut, color, character, substance, durability, origin, prior ownership, price or value.
6 RCNY § 5-48 Mail Orders.
§ 5-48 Mail Orders.
(a) Mail order sellers who conduct business in New York City or who advertise a New York City mailing address must, within 30 days of receiving an order:
(1) deliver or mail the ordered merchandise; or
(2) make a full refund; or
(3) inform the consumer in writing of the time delivery is anticipated, and offer to send a refund within one week if the consumer wishes to cancel the order; or
(4) inform the consumer in writing of the intent to substitute an equal or better item if the consumer wishes to cancel the order (the seller must describe in detail how the substituted item differs from the one ordered); or
(5) send the consumer a substitute item of equal or better quality together with:
(i) a written notice offering, without condition, to accept the return of the item, at the seller's expense, within 14 days of delivery; and
(ii) a business reply label, and an explanation that the consumer may return the item by resealing it, affixing the label, and mailing it to the seller without postage; and
(iii) a postage-paid letter or card on which the consumer may indicate whether the consumer wishes the purchase price to be refunded or credited to his account. The consumer's request entered on this card or letter must be honored within two weeks of the time the seller receives the items.
(b) In this section, substitute items of "equal or better" quality means items that are substantially similar to the items ordered, that fit the purposes for which the ordered items were intended; and that are not normally offered by the seller at a lower price than the price of the ordered items.
(c) 6 RCNY § 5-48(a) does not apply to:
(1) items ordered under an open-end credit plan (as defined in the federal Truth-in-Lending law) or under any other credit plan which was opened prior to the mail order in question and which permits the consumer to make future purchases; or
(2) items, such as quarterly magazines, which by their nature are not produced until a future date, and so cannot be stocked at the time of the order; or
(3) installments, other than the first, of items ordered for serial delivery, such as magazine subscriptions. The 30-day period of 6 RCNY § 5-48(a) does not apply when all advertising for the item conspicuously specifies a different time period by which delivery may be expected. One week after this specified time elapses, the requirements of 6 RCNY § 5-48(a) must be met.
(d) Any mail order seller using a Post Office Box address or Private Mail Service Box in its advertisements or promotional material (including order blanks and forms) must conspicuously disclose both the legal name of the company in accordance with 6 RCNY § 5-01 "Legal Name" and the complete street address from which the business is actually conducted on all advertisements and promotional material.
6 RCNY § 5-49 Door-to-Door Sales.
§ 5-49 Door-to-Door Sales.
"Door-to-door sales" means the offering for sale, lease or rental of consumer goods or services at a location other than the seller's place of business. A seller engaging or planning to engage in a door-to-door sale must, during the initial contact, including telephone contact, with a prospective buyer, clearly state that the purpose of the seller's visit will be to make a sale.
6 RCNY § 5-50 Delivery of Furniture and Major Appliances.
§ 5-50 Delivery of Furniture and Major Appliances.
(a) Scope. This section applies to the sale of furniture and major appliances for use in a home. Furniture includes chairs, tables, cabinets, desks, sofas, carpets, beds and chests. This section does not apply to furniture which is in substantial part custom-made. Major appliances include air conditioners, audio and video equipment, clothes dryers and washing machines, dishwashers, freezers, refrigerators, stoves, ranges, ovens, sewing machines, and televisions. This section does not apply to sales of major appliances which have a purchase price of two hundred dollars or less.
(b) Disclosure.
(1) When a consumer orders furniture or a major appliance, the seller must disclose an estimated delivery date or range of delivery dates, conspicuously on the consumer's copy of the order.
(2) When a seller will not be able to deliver furniture or a major appliance by the latest estimated delivery date disclosed on the order, the seller must immediately notify the consumer in writing of:
(i) the delay;
(ii) a new estimated delivery date or range of delivery dates; and
(iii) the consumer's options, as set forth in 6 RCNY § 5-50(d), if delivery is not made by the latest estimated delivery date on the order. The seller does not need to notify the consumer of a delay in delivery if the delay is caused entirely by the consumer.
(c) Seller's extension of time due to strike. When a delay in a delivery is caused by a strike, the seller is entitled to an additional amount of time equal to the duration of the strike to make the delivery.
(d) Consumer options if a seller fails to deliver.
(1) When a seller does not deliver furniture or a major appliance by the latest estimated delivery date on the order, unless the seller's time has been extended because of a strike, the consumer can:
(i) cancel the order and request a refund; or
(ii) cancel the order and request a credit for the full amount paid; or
(iii) negotiate a new delivery date; or
(iv) select new furniture or another major appliance.
(2) If the consumer cancels the order and requests a full refund or a credit for the full amount paid, the seller must give the consumer the full refund or credit for the full amount paid within two weeks of the consumer's request.
(3) If the consumer negotiates a new delivery date, the new date chosen shall replace the latest delivery date stated on the original order. The consumer shall have the same rights with respect to the new date as if it were the latest delivery date disclosed on the original order.
(4) This subdivision (d) does not apply if the delay or failure to deliver is caused entirely by the consumer.
6 RCNY § 5-51 Retail Sale of Gasoline.
§ 5-51 Retail Sale of Gasoline.
A retail seller of motor vehicle gasoline:
(a) must afford all persons the opportunity to purchase gasoline on the same terms and conditions, except as otherwise provided by law;
(b) may not represent falsely that gasoline is unavailable for sale;
(c) may not require the purchase of any other service or product as a condition to the purchase of gasoline;
(d) may not require membership in any group as a condition to the purchase of gasoline; and
(e) may not sell gasoline only to prior customers, or represent that sales are so restricted.
6 RCNY § 5-53 Advertisements of Food Items Available in Limited Quantities.
§ 5-53 Advertisements of Food Items Available in Limited Quantities.
Retail food stores shall obey the Federal Trade Commission Trade Regulations entitled "Retail Food Store Advertising and Marketing Practices."
6 RCNY § 5-54 Repair of Consumer Goods.
§ 5-54 Repair of Consumer Goods.
(a) Scope. This section applies to all repairs of consumer goods except for repairs:
(1) performed at no charge; or
(2) made under an agreement with a fixed fee and specified time of at least one year that entitles a consumer to have all repairs made without additional charge; or
(3) performed by persons required to be licensed as television, radio or audio equipment repairers under the Administrative Code of the City of New York.
(b) Repairs under $15. When a repairer says repairs will cost $15 or less (including all charges), the repairer's final bill may not exceed that estimate by more than 20 percent. 6 RCNY §§ 5-54(c) and 5-54(d) do not apply to these repairs.
(c) Repairs made outside the home.
(1) Requirements upon taking possession.
(i) A repairer who takes possession of a consumer's property must immediately give the consumer a receipt and a written estimate. The receipt must contain:
(A) the legal name and the address of the repairer, disclosed in accordance with 6 RCNY § 5-01 "Legal Name"
(B) the name and signature of the person who actually takes the item;
(C) a description of the item, including make and model number, or such other features as will reasonably identify the item.
(ii) The written estimate must be signed by the repairer and must contain:
(A) a list of each part to be replaced and its replacement cost;
(B) a general description of the labor required for the repair and its cost;
(C) a statement of every additional charge such as charges for estimates or service calls;
(D) the promised date of completion (this need not be given if the repair is made the same day the item is first examined);
(E) a statement that the final cost, excluding tax, will not exceed the estimate by more than 20 percent. This statement need not appear if the repairer guarantees that the final cost will not be more than the estimate.
(iii) If it is impossible for the repairer to know what the repair problem is, the repairer may postpone giving the estimate, but must then add to the receipt the statement of:
(A) the charge (if any) for giving an estimate;
(B) the charge (if any) for pick-up and delivery; and
(C) every charge which will be imposed if the consumer does not authorize repairs.
(2) Requirements after taking possession.
(i) Before commencing repair work outside the home, a repairer must:
(A) give the consumer a written estimate (if one has not already been given); and
(B) get the consumer's signed authorization to do the repairs at the estimated price.
(ii) The written estimate must be as described in the preceding paragraph (1) of this subdivision (c). Time or distance problems may make it impractical to deliver a written estimate and to get a signed authorization before the date agreed upon for repair work to begin. If this is the case, the repairer may begin work after:
(A) giving the consumer an oral estimate of the cost of repairs; and
(B) getting the consumer's oral authorization to proceed; and
(C) putting a written estimate to the consumer in the mail.
(iii) Return of parts. After repair work is done, the repairer must give the consumer every part replaced, except for parts which were visibly defective when the consumer first sought the repair, such as torn auto upholstery, shattered auto glass or a broken watch crystal. A waiver of the right to receive replaced parts shall be effective if it is in the consumer's own handwriting, and states clearly that the consumer is entitled to the parts but does not want them. For parts in any of the following categories, the repairer may simply show and offer them to the consumer:
(A) parts too large to be easily moved;
(B) parts which must be returned to the manufacturer if the consumer wishes to take advantage of a warranty; and
(C) parts which the repairer buys from the consumer to rebuild.
(iv) Completion date. The repaired item shall be available on the promised completion date. If a delay is expected, the consumer must be notified and given a new completion date. When complete repairs are delayed for an unreasonable period of time, the consumer has the right to immediate return of the property.
(v) Final bill. When the consumer gets the repaired item back, the repairer must give the consumer a written final bill which:
(A) itemizes each part replaced, clearly identifying it (for example, by make, model, or serial number) and indicating the price of its replacement;
(B) indicates the labor required for repair, and the charge for that labor;
(C) clearly itemizes any other charges;
(D) is signed by the repair person. The final bill may not exceed the written estimate by more than 20 percent.
(d) Repairs made in the home.
(1) When repairs are done in the consumer's home, the repairer must give the consumer an estimate (in writing if the consumer wishes) and get his or her permission to proceed, before starting repairs. The estimate must include parts, labor and all other charges which the consumer will have to pay.
(2) The repairer must give the consumer a written final bill that itemizes all charges, in the manner prescribed in 6 RCNY § 5-54(c)(2)(v), and discloses the legal name of the repairer in accordance with 6 RCNY § 5-01 "Legal Name". In addition, the bill must legibly state the name of the person who actually did the repair. The bill may not exceed the estimate by more than 20 percent.
(3) The repairer must give to the consumer all replaced parts, except the repairer may simply show and offer to the consumer parts in the following categories:
(i) parts which must be returned to the manufacturer if the consumer wishes to take advantage of a warranty;
(ii) parts which the repairer buys from the consumer to rebuild.
6 RCNY § 5-55 Meat and Poultry Advertising.
§ 5-55 Meat and Poultry Advertising.
(a) A seller who advertises meat or poultry by using a private brand designation or any language which implies that the meat or poultry is of a particular grade or quality must disclose the U.S. Department of Agriculture grade for the food. If the meat or poultry sold by private brand designation has not been graded by the U.S. Department of Agriculture, that fact must be disclosed. Examples of grade or quality representations are "A-1," "Best Yet," "All Rite," "Oven Rite," "Top Grade," "U.S. Finest," "Top Quality," "Super Fine," and "Buyer's Choice."
(b) Disclosures shall be next to and in print the same size as the seller's grade or quality representation.
(c) This section does not apply to:
(1) meat or poultry for which the U.S. Department of Agriculture does not provide a retail grading service;
(2) labels attached to meat or poultry packages.
6 RCNY § 5-56 Window Gates.
§ 5-56 Window Gates.
(a) If a window gate, grille, bar or similar device has not been approved by the Board of Standards and Appeals of the City of New York for use on fire escape windows the seller must place a tag or label on it, stating that:
(1) it is illegal to use the device on a fire escape window;
(2) use of the device on a fire escape window is a serious safety hazard;
(3) use of the device on a fire escape window may subject the user to a fine by the Department of Buildings.
(b) The tag or label required by this section must bear the word "WARNING" in boldface upper-case type at least one-quarter inch tall. The following warning complies with this regulation:
WARNING It is illegal to use this gate on a fire escape window. Use of this gate on a fire escape window is a serious safety hazard and may also subject the user to a fine by the Department of Buildings.
6 RCNY § 5-57 Utility Bill Payments.
§ 5-57 Utility Bill Payments.
(a) A person or business that accepts a consumer's utility bill payment without authorization from the utility must:
(1) stamp the consumer's bill upon presentation with the current date; and
(2) give the consumer a signed receipt containing the date, the amount paid, the name and address of the individual accepting the payment and the name and address of the person or entity for whom the individual accepted the payment, if different; and
(3) send the payment by regular mail to the utility within 24 hours of its receipt.
(b) If a payment was not received by an authorized office of the utility within five days of the date stamped on the bill, it shall be presumed that the payment has been held for more than 24 hours.
6 RCNY § 5-58 Food in Damaged Containers.
§ 5-58 Food in Damaged Containers.
(a) Definitions.
Container. "Container" means an item which contains food or a food product, including cans, bottles, cartons, bags, boxes, wrappers and tubes.
Food or food product. "Food or food product" means food, drink, confectionery or condiment, used or intended for use by humans or animals, including all substances or ingredients to be added to food for any purpose.
(b) No food product may be offered for sale if contained in:
(1) a can with a body seam dent, a top or bottom rim dent, or a sharp body dent;
(2) a can with any bulge other than small bulges due solely to small, smooth body dents;
(3) a can which has leaked or is rusted;
(4) a vacuum-sealed container of any sort on which the vacuum has been broken;
(5) a container whose outer surface is punctured in any manner, whether or not the puncture has been repaired (except where the food or food product is contained in an inner, sealed container or containers, and the innermost container has not in any way been punctured or the food contents been in any other way exposed to the air).
6 RCNY § 5-59 Restaurant Surcharges.
§ 5-59 Restaurant Surcharges.
(a) A seller serving food or beverages for consumption on the premises may not add surcharges to listed prices. For example, a restaurant may not state at the bottom of its menu that a 10 percent charge or a $1.00 charge will be added to all menu prices.
(b) A seller may impose a bona fide service charge if the charge is conspicuously disclosed to the consumer before food or beverage is ordered. For the purpose of this subdivision, a bona fide service charge is a fee charged for services requested by a consumer, over and above what is included with the consumer’s purchase of a menu item, including, but not limited to, an added charge for two persons splitting one meal, a mandatory gratuity for parties of eight or more, or a per person minimum charge.
(c) Notwithstanding any other provision of this title, a seller may impose a charge required by a written agreement, including but not limited to a collective bargaining agreement, between a seller and its employees, if the charge is conspicuously disclosed to the consumer before food or beverage is ordered and the full amount of the proceeds from such charge is provided to the seller’s employees; provided, however, that nothing in this subdivision shall be construed to supersede, alter or affect any provision of the New York Labor Law or any rule, regulation or wage order promulgated thereunder, including, but not limited to, section 196-d of the labor law and section 146-2.18 of Part 146 of Title 12 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, relating to minimum wage and gratuities.
(d) In this section, the term "surcharge" does not include tax.
(Amended City Record 3/20/2026, eff. 4/19/2026)
6 RCNY § 5-60 Franchises.
§ 5-60 Franchises.
(a) Definitions.
Franchise. "Franchise" means a right to use the franchisor's trademark, tradename, brand name, or other mark of identity to suggest a substantial association with the franchisor.
Franchisee. "Franchisee" means a person receiving a franchise.
Franchisor. "Franchisor" means a person giving a franchise.
Subfranchisee. "Subfranchisee" means a person to whom a franchisee gives the right to use a franchise.
(b) Required disclosures.
(1) A franchisee or subfranchisee must conspicuously disclose on a sign and on each sales slip, receipt and contract for more than $50:
(i) that the franchisor, franchisee or subfranchisee are separate business entities; and
(ii) the legal name and address of the party given the franchise, and the legal name of the franchisee and subfranchisee, if any, disclosed in accordance with 6 RCNY § 5-01 "Legal Name." These disclosures need not be made on credit card receipts if there is a sign conspicuously disclosing them at all cash registers or at the place where credit card transactions occur.
(2) A franchisor, franchisee or subfranchisee must conspicuously disclose:
(i) that advertised sales, discounts, or other special offers are available only at participating franchise outlets, if such is the case;
(ii) wherever a warranty or guarantee appears, that the terms of the guarantee or warranty apply only to certain franchise outlets, if such is the case;
(iii) that there has been a change in ownership of the franchise outlet, if such is the case, unless upon the change of ownership the name of the franchise was substantially altered. The disclosure required by 6 RCNY § 5-60(b)(2)(iii) need only be made during the first ninety days after the transfer of ownership.
(c) Partial exemption. A franchisee or subfranchisee need not make the disclosures otherwise required by 6 RCNY §§ 5-60(b)(1) and 5-60(b)(2)(iii) if the franchisor is liable to customers of the franchisee or subfranchisee for items sold by the franchisee or subfranchisee.
6 RCNY § 5-61 Public Performance Seats.
§ 5-61 Public Performance Seats.
(a) Sellers of seats to performances at any place of public amusement or sport must conspicuously display a diagram of reserved seat locations by row and seat number, or must conspicuously display a sign stating that such a diagram is available upon request. The diagram must also show every area designated on any ticket.
(b) The ticket for any seat which does not allow complete view of all action must state that the view is obstructed or impaired.
(c) The following requirements apply to places of public amusement or sport with seating capacities of between 900 and 2,000 ("Theatres"):
(1) The seating level located immediately above the orchestra level may be designated "mezzanine." However, if no crossover or structural division exists in such level, then no part of it may be designated as "front mezzanine" or "rear mezzanine"
(2) If a crossover or structural division exists in such level, then either:
(i) the area in front of the crossover or structural division shall be designated "front mezzanine" and the area behind the crossover or structural division shall be designated "rear mezzanine"
(ii) the entire level shall be designated "mezzanine."
(3) The lettering of rows in each seating area designated as "mezzanine," "front mezzanine" or "rear mezzanine" shall be alphabetically consecutive, beginning with row "A."
(4) A Theatre shall cause the seating diagram referred to in subdivision (a) of this section to be conspicuously posted at all locations where tickets to a performance at such theatre are offered for sale, including but not limited to the Times Square Theatre Centre and The Lower Manhattan Theatre Centre.
(5) Before a sale of tickets over the telephone is completed, a Theatre shall cause the following information to be orally communicated to the consumer;
(i) the number of seating levels in the theatre; and
(ii) the seating level on which the ticket(s) offered are located.
6 RCNY § 5-62 Home Heating Oil Credit. [Repealed] (Repealed City Record 6/7/2018, eff. 7/7/2018)
6 RCNY § 5-63 Catering Contracts.
§ 5-63 Catering Contracts.
(a) Definition.
Caterer. "Caterer" means any person or business engaged in serving food or beverages for private functions in New York City.
(b) Cancellation.
(1) If a consumer cancels a catering contract and the caterer can re-book the date, the caterer's cancellation fee may not exceed 5 percent of the total contract price or $100, whichever is less, plus actual expenses reasonably incurred.
(2) If a consumer cancels a catering contract and the caterer cannot re-book the date, the caterer's cancellation fee may not exceed the difference between the total contract price and the cost of performance, plus actual expenses reasonably incurred. The caterer must be able to show diligent efforts to re-book and must fairly calculate the cost of performance.
(3) It will be presumed that a caterer who receives notice of cancellation six months or more before the scheduled date of the function will be able to re-book.
(4) Cancellation occurs:
(i) when the consumer mails the caterer a notice of intent to cancel; or
(ii) when the caterer has actual notice of the consumer's intent to cancel.
(c) Refunds. As soon as reasonably practicable after cancellation (and never later than 30 days after re-booking) the caterer must return to the consumer any sum received which exceeds the permissible cancellation fee.
(d) Contract forms. Contract forms must conspicuously disclose the caterer's cancellation fee.
(e) Delegation of performance. A caterer may not delegate performance of any contract to another caterer without the consumer's consent. This consent may be obtained only after the caterer advises the consumer of its inability to perform under the contract.
6 RCNY § 5-64 Vocational Training.
§ 5-64 Vocational Training.
(a) If a vocational school or a paid provider of vocational instruction advertises or states that people in particular jobs have certain incomes, or that people who are instructed will earn a stated salary or income "up to" a stated amount:
(1) either the salary or income must be equal to or less than the average salary or income of persons employed less than five years in the indicated position in the New York metropolitan area, and the representation must state the basis for calculation of the average salary or income; or the representation must state the basis for calculation of the salary stated and disclose the average salary or income of persons employed less than five years in the indicated position in New York metropolitan area; and
(2) the representation must state any conditions or other requirements such as union membership or service of an apprenticeship, which must be met to earn the stated salary or income; and
(3) the representation must state that no guarantee is made that a person will earn the stated salary or income, unless the seller makes such a guarantee.
(b) In a written or printed advertisement, the information required by 6 RCNY §§ 5-64(a)(1), (2) and (3) must be disclosed in lettering as large as the numerals of the stated salary or income.
(c) The words "EARN $ .... " or "EARN UP TO $ ...." or words of similar meaning represent that a person who attends the training course will earn the stated salary or income within the meaning of 6 RCNY § 5-64(a).
(d) If a vocational school or a paid provider of vocational instruction advertises or states that a training course includes job placement service:
(1) the job placement service must be available to all persons who pay a fee, regardless of whether they complete the course, unless the advertisement or representation states that it is available only to those who successfully complete the course and discloses any other conditions or limitations on the placement service; and
(2) the advertisement or representation must state whether job placement is guaranteed and, where no guarantee is given, the advertiser must make bona fide attempts to seek potential employers for its students.
(e) In a written or printed advertisement, the information required by 6 RCNY § 5-64(d)(1) and (2) must be disclosed in lettering as large as the lettering indicating the existence of the placement service.
(f) Any advertisement or representation that a school or course has been approved by any government agency must indicate the terms of that approval, particularly as the approval applies to the quality of instruction and the truth of the statements contained in the advertisement or representation. For example, an advertisement or representation shall not state "V.A. Approved," but must state, if such is the case: "V.A. education loans may be used for tuition. V.A. does not review nor guarantee the quality of instruction, nor does it guarantee the truth of the statements in this advertisement."
(g) For purposes of this section, "vocational training school" includes any business entity offering vocational instruction through a home study or correspondence plan.
6 RCNY § 5-65 Out-of-Context Quotes.
§ 5-65 Out-of-Context Quotes.
(a) This section applies to all consumer goods and services which are reviewed or commented upon, such as movies, books, and theater performances.
(b) A seller who uses language from the review or comments of a critic in an advertisement, including those on theater marquees and billboards, may not rearrange or abstract the quoted language in a way that alters the critic's meaning. The seller must disclose that the word or phrase refers only to a limited aspect of the work, if such is the case.
Examples: "Beautiful scenery" or "John Jones performs outstandingly" comply with this section as these statements indicate clearly that they refer to limited aspects of the reviews. The word "beautiful" taken from a review which says "the scenery is beautiful" would not comply with this section.
6 RCNY § 5-66 Tax Preparation.
§ 5-66 Tax Preparation.
(a) Definitions.
Certified public accountant and public accountant. "Certified Public Accountant" and "Public Accountant" mean any individual who fits within the definitions set forth in Article 149 of the Education Law.
Income tax return or tax return. "Income tax return" or "tax return" means a federal, state or city tax return of a natural person, including joint returns and all related schedules.
Tax preparer. "Tax Preparer" means any individual or business that prepares any income tax return, for a fee, to obtain or retain clients, or in connection with the sale of items or services. It does not include an individual employed to prepare tax returns by another individual or business entity if that individual makes clear that he or she is only an employee and that his or her employer will sign the taxpayer's return.
(b) Prohibited practices. Tax preparers may not:
(1) ask a taxpayer to sign a blank or incomplete tax return;
(2) misrepresent their qualifications;
(3) reveal any information appearing on a tax return or any information gathered for its preparation, including the fact of preparation and the content of solicitation lists, to any person or business other than:
(i) the taxpayer;
(ii) a person designated in writing by the taxpayer; or
(iii) anyone authorized to receive such information by court order or by law;
(4) make any deceptive statement designed to persuade taxpayers to use, or not to use, a tax preparer;
(5) induce or attempt to induce a taxpayer to violate any governmental law, rule or regulation;
(6) use the word "accountant" in any advertisement unless at least one Certified Public Accountant or Public Accountant is present at each tax preparing location during all business hours, or unless the tax preparer immediately follows the word "accountant" with a conspicuous and prominent disclaimer that the tax preparer is not licensed by the state as a Certified Public Accountant or Public Accountant. If a tax preparer uses the word "accountant" without the disclaimer, then a Certified Public Accountant or Public Accountant employed at the tax preparing location must exercise control over all tax returns prepared at that location;
(7) use the term "expert," "master," "consultant," "specialist" or any similar terms in an advertisement unless the tax preparer's relevant education or experience is also disclosed in the advertisement. There must be a reasonable basis for any claims of expertise;
(8) alter a tax return after it has been signed by the taxpayer, without the taxpayer's written consent;
(9) charge a fee based upon the amount of tax owed or refund due.
(c) Required practices.
(1) Tax preparers that advertise their tax preparation services in a manner designed to reach the general public must post; in English, prominently and conspicuously at the public entrance to the tax preparer's business premises or in the immediate area where consumers arrive and are met for business by the tax preparer:
(i) a price list sign stating exactly how their fees are computed. The price list must contain:
(a) a list of services offered by the tax preparer;
(b) the minimum fee charged for each service, including but not limited to the fee charged for each type of Federal or New York State return;
(c) factors which may cause the fee to be higher than the minimum fee and, for each factor listed, the additional fee and/or the range of possible additional fees charged when the factor applies.
(ii) a disclosure sign or signs stating that:
(a) the taxpayer is entitled to receive a written estimate of all fees before receiving services for which the tax preparer is charging a fee;
(b) the taxpayer is entitled to receive a copy of every tax return prepared, at the time the original is given to the taxpayer for filing;
(c) that both the tax preparer and the taxpayer must sign every tax return;
(d) that the tax preparer is not licensed by the State Board for Public Accounting, or is not a member of the Bar of the State of New York, or both, if such is true;
(e) that the tax preparer or an agent will not represent the taxpayer at any audit, if such is true. ("Represent" means to appear before any government tax administering authority as attorney, Certified Public Accountant or enrolled agent. Failure to make this disclosure shall mean that the tax preparer, if lawfully authorized, agrees to represent the taxpayer or to provide representation.)
(2) The price list sign required by subparagraph (i) of paragraph (1) of this subdivision shall also be posted prominently and conspicuously at each point at which orders are placed and/or payment is made, including at each counter or desk, except where a tax preparer is doing business at a consumer's home or business, in which case the tax preparer must give each consumer a hard copy of the price list prior to any discussion with the consumer. Compliance by a tax preparer with this requirement shall be deemed to satisfy the requirements of § 20-750(a) of the Administrative Code and 6 RCNY § 5-70(a).
(3) Tax preparers must:
(i) sign every tax return prepared;
(ii) give a copy of every tax return prepared to the taxpayer, at the time the original tax return is given to the taxpayer for filing;
(iii) provide the taxpayer with a statement of the charges for each tax return or schedule prepared;
(iv) return any of the taxpayer's personal papers upon request, when the original tax return is given to the taxpayer for filing, unless specifically permitted to retain such papers under State law.
(d) Refunds. Tax preparers may not:
(1) guarantee a tax refund, or guarantee that the taxpayer will not be audited by any government tax agency;
(2) request a taxpayer to assign to the preparer any portion of the refund due;
(3) use their addresses on a tax return as the place to which a refund should be mailed, unless the taxpayer has signed a power of attorney containing such authorization. A fiduciary with authority to handle a taxpayer's financial matters is not required to obtain this power of attorney;
(4) claim to give taxpayers an "instant tax refund" that is actually an interest-bearing loan unless that fact is disclosed to the taxpayer in accordance with Federal and State law.
(e) Records. Each tax preparer shall retain a copy of every tax return prepared for a period of at least three years from the preparation date or the due date of the return, whichever is later.
(f) Disclosure in foreign languages.
(1) In addition to English, all disclosures required by this section must be made in any other language which the tax preparer uses to attract customers.
(2) For purposes of this section, failure to post each separately enumerated notice requirement constitutes a separate violation for which a penalty will be assessed.
(g) Exemption. Any individual or business which prepares income tax returns as an adjunct service to year-round fiduciary activities provided in the regular course of business for its customers is exempt from this section. If the business also offers individual tax return preparation services which are not related to such fiduciary activities, this section applies to those services.
Example: A bank trust department offers its services for a fee as trustee on personal trust accounts. The bank advertises that preparation of the beneficiaries' personal income tax returns is available to the beneficiaries of any trust for which it is trustee. This section does not apply to this tax preparation service. If, however, the bank has an agreement with a tax preparation service, under which the service would supply tax preparation services to the public at various branches of the bank, the bank is subject to this section. If the bank provides the service by its own employees, it is subject to this section.
(Amended City Record 12/14/2017, eff. 1/13/2018; amended City Record 7/5/2019, eff. 8/4/2019)
6 RCNY § 5-67 Item Pricing in Food Stores.
§ 5-67 Item Pricing in Food Stores.
Food stores included within the scope of New York Agriculture and Markets Law Section 214-i must comply with all the provisions of that law.
6 RCNY § 5-68 Dealers at Flea Markets.
§ 5-68 Dealers at Flea Markets.
(a) Definition.
Dealer at a flea market. A "dealer at a flea market" means a person or business entity that sells or offers for sale or displays new or used merchandise at a flea market, craft show, antique show, fair, bazaar or any like exhibition that is open to the general public.
(b) Receipts. A dealer at a flea market must provide consumers with serialized receipts. These receipts must contain:
(1) the amount of money paid for each item;
(2) the total amount of money paid including a separate statement of tax;
(3) the date of the purchase;
(4) the legal name and address of the seller in accordance with 6 RCNY § 5-01 "Legal Name."
(c) Recordkeeping. A dealer at a flea market must retain exact copies of all receipts issued to consumers for a period of three years after the time a receipt was issued. Copies of such receipts issued during the previous calendar month and during the current calendar month must be made available to the Commissioner or his authorized representative upon request. All other receipts required to be retained by this subdivision (c) must be produced upon ten days notice.
6 RCNY § 5-69 Blood Pressure Reading Services. [Repealed] (Repealed City Record 1/6/2023, eff. 2/5/2023)
6 RCNY § 5-70 Retail Service Establishments.
§ 5-70 Retail Service Establishments.
(a) A retail service establishment shall display a price list conspicuously in a place readily visible to customers at the point at which orders are placed and/or payment is made. The price list shall include the following information:
(1) a list of the types of services performed;
(2) the minimum price charged for each service;
(3) a description of the conditions or variations of service that alter the minimum price charged;
(4) the range of additional charges caused by such variations;
(5) if the price is directly derived from an hourly labor rate then the labor rate must appear in a ratio of dollars per hour.
(b) Information required by this rule or by §§ 20-749 through 20-753 of the Administrative Code must be prominently placed and conspicuously written in comparison with all other words, statements, or designs displayed by the retail service establishment, and stated in such terms as to render the information likely to be read and understood by the ordinary individual under customary conditions of purchase.
6 RCNY § 5-71 Food Store Cash Register; Item Cost Indicator.
§ 5-71 Food Store Cash Register; Item Cost Indicator.
(a) A Food store shall not have on its premises any cash register without an item cost indicator unless a seal, issued by the department indicating that such cash register was purchased prior to December 20, 1989, the effective date of Local Law 94 of 1989, which added §§ 20-691 through 20-693 of the Administrative Code, appears on the machine.
6 RCNY § 5-72 Commercial Weight Loss Center Practices.
§ 5-72 Commercial Weight Loss Center Practices.
(a) A "weight loss provider" is defined as any person or business entity who or which is primarily engaged in the business of offering services to consumers to assist them in losing weight.
(b) It is a deceptive trade practice for a weight loss provider to quote to a consumer a fixed or estimated cost for a weight loss program that is being recommended for the particular consumer without separately stating any additional charges the consumer may have to pay to purchase products, services, supplements or laboratory tests which are part of such program.
(c) It is a deceptive trade practice for a weight loss provider to recommend a weight loss program to a particular consumer without also disclosing the actual or estimated duration of the program.
(d) It is a deceptive trade practice for a weight loss provider to make any oral or written statement, visual description or other representation of any kind, including in any advertisement, which statement, description or representation has the capacity, tendency or effect of leading consumers to believe that the use of a product or treatment, or participation in a program, will result in weight loss unless the weight loss provider conspicuously posts the following statement in each of its weight loss establishments:
(1) WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1 1/2 pounds to 2 pounds per week or weight loss of more than 1% of body weight per week after the second week of participation in a weight loss program.)
(2) Consult your personal physician before starting any weight loss program.
(3) Only permanent lifestyle changes – such as making healthful food choices and increasing physical activity – promote long-term weight loss.
(4) Qualifications of this provider's staff are available on request.
(5) You have a right to:
(i) ask questions about the potential health risks of this program, its nutritional content, and its psychological-support and educational components;
(ii) know the price of treatment, including the price of any extra products, services, supplements and laboratory tests; and
(iii) know the program duration that is being recommended for you.
(e) The above statement must be posted in a notice to the public at every temporary or permanent location of the weight loss provider. The notice must be conspicuously posted in every room in which a presentation is made, or in which a product or treatment is offered for sale, by the weight loss provider. The notice must be printed in letters at least as large as 36 point bold face type on a sign at least 22 1/2 inches wide by 17 1/2 inches long. The sign shall be entitled "Weight Loss Consumer Bill of Rights" which shall be printed in letters of 60 point bold face type.
(f) All the educational and professional experience of the weight loss provider's staff must be made available upon the request of any person.
(g) Every weight loss provider shall produce and distribute to all consumers who inquire about its weight loss program, a palm-sized card entitled "Weight Loss Consumer Bill of Rights", which shall contain the same information contained in the poster described in subdivision (d) above.
(h) Every weight loss provider shall post the sign described in subdivision (d) which shall be provided by the Department of Consumer Affairs, and shall reproduce and distribute the palm-sized card described in subdivision (g), in every location in which its program or product is promoted, presented or sold, and the weight loss provider must cause the posting of such sign and the distribution of such card by every agent, representative, franchisee and independent contractor at every location in which such agent, representative, franchisee or independent contractor promotes, presents or sells the weight loss provider's program or product.
(i) The sign described in subdivision d of this section and the palm-sized card described in subdivision g of this section must contain the name, address and telephone number of the Department of Consumer Affairs and the name of the Commissioner. The weight loss provider may include on the sign and the palm-sized card its name, address and telephone number, provided such information is printed in letters which are no larger than the smallest letters on the rest of the sign or palm-sized card, respectively. The sign shall not contain any information other than the information required or permitted by the provisions of this section.
6 RCNY § 5-73 Sale of Box Cutters.
§ 5-73 Sale of Box Cutters.
(a) Definitions.
Box cutter. "Box cutter" means any knife consisting of a razor blade, retractable, nonretractable, or detachable in segments, attached to or contained within a plastic or metal housing, including utility knives, snap-off knives, and box cart cutters.
(b) It is an unconscionable practice for any person to engage in the illegal conduct of:
(1) selling or offering to sell, or causing any person to sell or offer to sell, a box cutter to any individual under eighteen years of age; or
(2) placing box cutters which are being sold or offered for sale on open display so that such implements are accessible to the public without the assistance of the seller, or his or her employee or other agent; provided, however, that the restrictions of this paragraph shall not apply to those box cutters on open display (i) which are clearly and fully visible from a place of payment for goods or services or customer information at which such seller or an employee or other agent of the seller is usually present during hours when the public is invited, or (ii) which are in a package, box or other container provided by the manufacturer, importer or packager that is larger than 41 square inches.
6 RCNY § 5-74 Illegal Sale to Minors.
§ 5-74 Illegal Sale to Minors.
It shall be an unconscionable trade practice for any person to sell or offer to sell any goods or services to minors which by law are prohibited from being sold to minors.
6 RCNY § 5-75 Used Car Buyer's Guide.
§ 5-75 Used Car Buyer's Guide.
It shall be a deceptive trade practice for purposes of § 20-701 of the Administrative Code for any seller to sell or offer to sell any used automobile without posting a Buyer's Guide as required under section 455.2 of title 16 of the code of federal regulations.
(Added City Record 6/12/2015, eff. 7/12/2015)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-126151Fetched: 10/24/2026