By: Business in New York City

Photo by Nick Karvounis on Unsplash

The final information is subject to the latest release from the following official websites:

1. Create a Business Plan

2. Register Your Business

  • Choose a legal structure. This will determine who will own and be legally responsible for your business and affects how you file your taxes. GET FREE ADVICE ON LEGAL STRUCTURES
  • Register your business. Corporations, Limited Liability Companies, and Limited Partnerships register with New York State. General Partnerships and Sole Proprietorships register with the appropriate County Clerk. GET FREE LEGAL ADVICE
  • Apply for an Employer Identification Number (EIN), also known as a Federal Tax ID Number. If you are a sole proprietor, you may be able to use your Social Security Number instead. LEARN MORE ABOUT EIN
  • Open bank accounts and retain an accountant and/or bookkeeper.

3. Finance Your Business

  • Determine your financing needs. To start your business, you will need money or capital to purchase equipment and run your operations. Increase your chances of getting financing for your business.
  • Understand your insurance needs, such as workers’ compensation, liability, and disability insurance. Some are needed for permits and licenses and protect you from loss, fines, and lawsuits. Managing risk is an essential part of your business. LEARN MORE ABOUT INSURANCE
  • Identify incentive programs. Your business can benefit from programs that allow you to lower your cost of doing business. SBS can help you identify and access energy cost savings, tax credits, and other incentives. LEARN MORE ABOUT INCENTIVES

4. Find, Plan, and Build Out Your Space

  • Find a location zoned for your business, and at the legally required distance from a school or place of worship if you plan to serve alcohol. Your business location and the opinion of the local Community Board will be reviewed for your liquor license application. LEARN MORE ABOUT ZONING REQUIREMENTS
  • Learn more about zoning in your neighborhood with the Department of City Planning’s ZoLa map. USE THE ZOLA MAP
  • Learn about facilities and program sites in your prospective neighborhood that might impact your business on the Department of City Planning’s Facilities Explorer. USE THE FACILITIES EXPLORER
  • Confirm there is an existing Certificate of Occupancy (C of O) and that it allows for your proposed business operation in the space. An amended C of O may be required if there is a change in use, egress, or type of occupancy. For buildings built or altered prior to 1938 when a C of O was not required at that time, a Letter of No Objection may be issued to confirm the legal use of the building. LEARN MORE ABOUT THE CERTIFICATE OF OCCUPANCY
  • Get help understanding and signing your lease. Before signing, talk to a lawyer to make sure the timing is right, the terms are legal, and the agreement is good for you. Get free commercial lease assistance through SBS.
  • Learn about the Federal, State, and City requirements and the permits your business will need by using this Step by Step tool.
  • Plan your food establishment design. Select and engage architect(s), general contractor(s), and/or interior and kitchen designers to plan any changes and ensure that your space complies with building and fire codes. Make sure your architect and/or contractor is licensed.
  • Review your building plans for major and minor construction within your space. Before walls go up, run all wiring for point-of-sale (POS) systems, computers, security cameras, phone, alarms, remote controls, etc.
  • Professional Certification or “Pro-Cert” could save you weeks in receiving permits. Pro-Cert allows a professional to self-certify projects without initial review from the NYC Department of Buildings (DOB). LEARN MORE ABOUT PRO-CERT
  • Digitally plan submissions and review save time. Have your professionals use the NYC Development Hub, including for Pro-Cert. VISIT THE NYC DEVELOPMENT HUB
  • Changes to a landmarked property or building in a historic district must be approved by the NYC Landmarks Preservation Commission (LPC) before work can begin. LPC has a Business Express Service that serves as a one-stop shop for business owners in landmark buildings, making it easier for them to get their permits. LEARN MORE ABOUT WORK ON LANDMARKED PROPERTIES
  • Follow the Noise Code, limit construction noise, plan to limit noise from your establishment to avoid fines, and do not play music in front of your business to attract customers. You must create and post a noise mitigation plan to keep noises from bothering neighbors. Failure to do so can result in fines. LEARN MORE ABOUT THE NOISE CODE
  • Work with NYC BEST to save time and money. Through the NYC Department of Small Business Services’ (SBS) NYC Business Express Service Team (BEST), you will be connected to a single point person to help you get licenses and permits faster and avoid/reduce fines and violations. Services are free and available in multiple languages. Call 888-SBS-4NYC (888-727-4692) to connect with NYC BEST.
  • Set-up your space to maximize recycling and avoid violations. Attend a NYC Department of Sanitation (DSNY) training and download or order educational materials. ATTEND A TRAINING
  • If your location will host events where 75 people or more will gather, you will need a Place of Assembly Permit. LEARN MORE ABOUT THE PLACE OF ASSEMBLY PERMIT
  • Learn about gas authorization for restaurant equipment. Work involving the alteration, rearrangement, relocation, or permanent removal of any piping for commercial cooking equipment, and Ansul fire suppression system valves, must be installed by a Licensed Master Plumber. Range-hood (Ansul) systems must be installed by a Licensed Master Fire Suppression Piping Contractor, who must also schedule to test the system in the presence of the FDNY inspector.
  • Check that your kitchen has a grease interceptor or plan to install one to prevent fat, oil, or grease from entering and clogging sewer lines.
  • Property owners must install an approved backflow prevention device on every water service pipe that has a connection between the drinking water supply and a potential source of contamination.
  • Portable fire extinguishers are an important part of an overall fire safety program. FDNY regulations require a certain number, type, and placement of portable fire extinguishers in your place of business, depending on the building, business type, and other factors.
  • Range hoods and other required first suppression/ventilation equipment must be installed by a licensed professional and the installation will inspected and regulated by FDNY.
  • Watch for asbestos. A licensed asbestos investigator must determine if asbestos is present, and if so then a licensed abatement contractor must contain it and give notice to NYC Department of Environmental Protection before you can demolish or renovate the structure. LEARN MORE ABOUT ASBESTOS RULES AND REGULATIONS

5. Prepare to Open

6. Hire a Team

  • Recruit talented staff that will contribute to the success of your business. NYC Department of Small Business Services can help you save time and money. GET HELP HIRING A TEAM
  • The minimum wage for all employees in New York City is $15.00 per hour starting December 31, 2019. Businesses that violate this law will be punished. LEARN MORE ABOUT MINIMUM WAGE
  • Train your employees, so that your team has the skills your business needs. LEARN MORE ABOUT EMPLOYEE TRAINING
  • Clarify your unemployment insurance requirements. Contact the New York State Department of Labor for more information. LEARN ABOUT UNEMPLOYMENT INSURANCE
  • Be sure to comply with all applicable laws involving employee wages, including living wage, sick leave, and transit benefits. LEARN MORE ABOUT WAGE LAWS

7. Open and Operate

  • Use the NYC Checklist for Required Signs for Restaurants and Bars to ensure you display the correct licenses and required posters.
  • Select the right technology for your business, including a Point of Sale (POS) system, reservation platform, and credit card processor.
  • Purchase paper goods, office supplies, cleaning supplies, and other basics.
  • All taverns and restaurants that sell food for on-premise consumption are required to have resuscitation equipment, including: one (1) adult exhaled resuscitation mask, one (1) pediatric exhaled resuscitation mask, and two (2) pairs of latex gloves. Masks must be certified for use by the U.S. Food and Drug Administration (FDA).
  • Bars and restaurants may need various music licenses from performing rights organizations (PROs), such as Broadcast Music Inc. (BMI), the American Society of Composers, Authors, and Publishers (ASCAP), Society of European Stage Authors and Composers (SESAC), and Global Music Rights (GMR), to play music (live, recorded or from a streaming service). Make sure you have permission to avoid costly claims.
  • Give customers clear receipts. Show prices and print your business name and address on your invoices and receipts.
  • Prepare and pay your taxes. LEARN ABOUT TAXES IN NYC
  • Hazardous materials above threshold amounts must be registered under NYC Department of Environmental Protection’s Right-to-Know program. Many common materials such as paint, solvents, inks, pool chemicals, and cleaning products can have hazardous characteristics. LEARN MORE ABOUT RIGHT-TO-KNOW
  • Train your employees on sexual harassment prevention. You must do so under state law. LEARN MORE ABOUT SEXUAL HARASSMENT TRAINING
  • If you have an ongoing need for qualified, full-time restaurant cooks, express interest in becoming a First Course NYC employer partner.

8. Avoid Violations

Buildings, Department of

Occupancy contrary to that allowed by the Certificate of Occupancy or Building Department records (Penalty: $400 – $25,000 fine)

Violation Type: Certificates and Records

How to Avoid the Violation:

  • Make sure 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 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/operate any business in a space where it is not authorized or in a zoning district where it is not allowed.

Additional Information:

Legal Basis:NYC Construction Code

Consumer and Worker Protection, Department of

Failure to post a refund policy (Penalty: $50 – $500 fine)

Violation Type: Receipts and Refunds

How to Avoid the Violation:

  • Businesses should post their refund policy at each register, at the point of sale, or at each entrance.
  • Even if the policy is not to give refunds, a sign must be posted stating, “No Refunds.”

Additional Information:

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

Failure to clearly mark prices for products (Penalty: $25 – $250 fine for each group of identical items)

Violation Type: Pricing

How to Avoid the Violation:

  • All items offered for sale must have a clearly visible price.
  • For most items, the price must be attached to the item or on a sign where the item is displayed.

Additional Information:

Legal Basis:NYC Administrative Code §20-708

Engaging in unfair trade practices (Penalty: $50 – $500 fine)

Violation Type: Consumer Protection

How to Avoid the Violation:

  • Make sure your sales ads are not false or misleading.

Additional Information:

Legal Basis:NYC Administrative Code §20-700

Failure to give a receipt or giving an incomplete receipt (Penalty: $50 – $500 fine)

Violation Type: Receipts and Refunds

How to Avoid the Violation:

  • Receipts must be given to customers for purchases over $20 and upon request for purchases between $5 and $20.
  • Make sure receipts are complete and correct. By law, your receipts must show:
    • Your business name and address and, if you are a licensee, you must add “Department of Consumer and Worker Protection” followed by your DCWP license number
    • The amount of money paid for each item
    • The total amount the customer paid, including a separate line for tax
    • The date of the purchase
    • The make and the model of any electronic purchase more than $100

Additional Information:

Legal Basis:Rules of the City of New York: Title 6 §5-32(c)

Failure to respond to Notice of Hearing issued by the Department of Consumer and Worker Protection (DCWP) (Penalty: Up to $500 fine)

Violation Type: Administrative Hearings

How to Avoid the Violation:

  • If a DCWP Inspector issues a violation during an inspection, you will be given a Notice of Hearing with the date and time that you need to meet with a Settlement Officer or you can contest the violation with an Administrative Law Judge at DCWP’s Adjudication Tribunal.
  • Not responding to a Notice of Hearing will result in additional violations and fines.

Additional Information:

Legal Basis:Rules of the City of New York: Title 6 §1-14

Environmental Protection, Department of

Failure to install a backflow prevention device (Penalty: $700 fine)

Code: AW51Violation Type: Water

How to Avoid the Violation:

  • Owners or managers of buildings are required to install devices that prevent contaminated water or chemicals from flowing back into the drinking water supply.
  • To determine whether or not your property requires a backflow prevention device, you must retain the services of a Licensed Professional Engineer (PE), Licensed Registered Architect (RA), Licensed Master Plumber (LMP), or request a property inspection from DEP.

Additional Information:

Legal Basis:Rules of the City of New York: Title 15 §20-04

Failure to submit an annual test report for a backflow prevention device (Penalty: $500 fine)

Code: AW52Violation Type: Water

How to Avoid the Violation:

  • You must schedule tests with a certified tester at least once a year and file appropriate forms with DEP.

Additional Information:

Legal Basis:Rules of the City of New York: Title 15 §20-04

Noise from a circulation device (e.g., air conditioner, HVAC, etc.) in excess of 42 decibels (Penalty: $560 – $1,680 fine)

Code: BN29Violation Type: Noise

How to Avoid the Violation:

  • To avoid unnecessary and disruptive noise, make sure circulation devices (e.g., air conditioners, HVACs, etc.) are well maintained.

Additional Information:

Legal Basis:NYC Administrative Code §24-227(a)

Unreasonable noise from a sound reproduction device (e.g., loud music) (Penalty: $440 – $1,320 fine)

Code: BN60, AN86Violation Type: Noise

How to Avoid the Violation:

  • Commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or is heard in nearby residences.
  • Sometimes residents are disturbed by pervasive bass sounds that resonate and can be felt by a person physically.

Additional Information:

Legal Basis:NYC Administrative Code §24-244(a)

Failure to adopt or implement a Noise Mitigation Plan at a construction site (Penalty: $875 – $2,625 fine)

Code: BN14Violation Type: Noise

How to Avoid the Violation:

  • To limit construction noise, the Noise Code mandates that all construction be conducted in accordance with noise mitigation plans that address the specific location, type of work, and timing of a project.
  • Contractors must develop a noise mitigation plan prior to the start of work.

Additional Information:

Legal Basis:NYC Administrative Code §24-220(a)

Unreasonable noise from a sound reproduction device for commercial or business advertising purposes (Penalty: $700 – $2,100 fine)

Code: BN61, AN89Violation Type: Noise

How to Avoid the Violation:

  • It is unlawful to use any sound reproduction device such as speakers or a radio for commercial or business advertising purposes to attract attention to your merchandise or for any performance.
  • Business owners must not place speakers near or outside the doors or windows to attract customers into the premises, including playing such devices in the interior so they can be heard outside in the public way.

Additional Information:

Legal Basis:NYC Administrative Code §24-244(b)

Causing or permitting unreasonable noise (Penalty: $350 – $1,350 fine)

Code: BN10, AN01, BN11, AN04Violation Type: Noise

How to Avoid the Violation:

  • To properly assess any possible violation of this section of the Noise Code, noise should be measured by meter readings in relation to all background noise that is referred to as “ambient noise”.
  • Generally noise levels after 10:00 PM and before 7:00 AM are regulated more strictly.

Additional Information:

Legal Basis:NYC Administrative Code §24-218(a)

Failure to install or maintain a grease interceptor (Penalty: $100 – $400 fine)

Code: P53Violation Type: Water

How to Avoid the Violation:

  • Every business that generates fats, oils, and/or grease (e.g., restaurants, food handling operations, hospitals, day care, and senior centers) is required to have a grease interceptor to prevent these materials from entering and clogging sewer lines.

Additional Information:

Legal Basis:Rules of the City of New York: Title 15 §19-03

Operating an emission source (boiler) with an expired registration (Penalty: $350 – $545 fine)

Code: BA06Violation Type: Air

How to Avoid the Violation:

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

Additional Information:

Legal Basis:NYC Administrative Code §24-109(f)

Fire Department

Failure to obtain specified fire safety permit or submit copy of permit fee receipt (Penalty: $1,000 – $5,000 fine)

Code: VC3Violation 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:

Legal Basis:NYC Fire Code §105.6

Failure to provide or maintain fire safety records (Penalty: $1,000 – $5,000 fine)

Code: VC5Violation Type: Record Keeping

How to Avoid the Violation:

  • Keep your records up to date.
  • Make sure records are available for inspection.

Additional Information:

Legal Basis:NYC Fire Code §107.7

Failure to provide or maintain required signs, postings, notices, or instructions (Penalty: $1,000 – $5,000 fine)

Code: VC6Violation Type: Signs, Postings, Notices, and Instructions

How to Avoid the Violation:

  • Make sure all signs, postings, notices, and instructions are visible and available for inspection.
  • Keep your signs, postings, notices, and instructions up to date.

Additional Information:

Legal Basis:NYC Fire Code (Varies with materials on premises.)

Failure to provide and/or maintain required fire protection systems and/or prevent unnecessary or unwarranted alarms (Penalty: $1,000 – $5,000 fine)

Code: VC12Violation Type: Fire Protection Systems

How to Avoid the Violation:

  • Repair defective Fire Protection System(s).

Additional Information:

Legal Basis:NYC Fire Code §901.6

Failure to obtain specified Certificates of Fitness and Certificates of Qualification (Submit copy of certificate) (Penalty: $1,000 – $5,000 fine)

Code: VC17Violation Type: Certificate of Fitness, Certificate of Qualification

How to Avoid the Violation:

  • Ensure proper supervision of required, onsite fire-safety operations.

Additional Information:

Legal Basis:NYC Fire Code §113.1

Failure to conduct specified fire-safety inspection/test (Penalty: $1,000 – $5,000 fine)

Code: VC20Violation Type: Inspection and Testing

How to Avoid the Violation:

  • Have your fire suppression systems tested after installation.
  • Set up appointments to ensure the system is tested periodically.

Additional Information:

Legal Basis:NYC Fire Code §107.1

Health and Mental Hygiene, Department of

Food Protection Certificate not held by supervisor or manager of food operations (Penalty: $500 – $1000, fine doubles after second violation)

Code: 4AViolation Type: Food Protection

How to Avoid the Violation:

  • Obtain a Food Protection Certificate (FPC) by enrolling in the food protection course offered by the Department’s NYC Health Academy or an authorized trainer.
  • Arrange work schedule so that a supervisor with a Food Protection Certificate is always on duty whenever your restaurant is receiving or preparing food, or is open to the public.

Additional Information:

Legal Basis:NYC Health Code §81.15

Hot food item not held at or above 140°F (Penalty: $250 – $600 fine, 7 – 28 points)

Code: 2BViolation Type: Food Temperature

How to Avoid the Violation:

  • Review Health Department rules for temperature-holding requirements.
  • Be sure equipment used to hold hot food is working properly.
  • Use thermometers to monitor the temperature of foods in hot storage.
  • Track food removed from hot storage and record how long it is out.

Additional Information:

Legal Basis:NYC Health Code §81.09

Cold food item held above 41°F (smoked fish and reduced oxygen packaged foods above 38°F) except during necessary preparation (Penalty: $250 – $600 fine, 7 – 28 points)

Code: 2GViolation Type: Food Temperature

How to Avoid the Violation:

  • Review Health Department rules for temperature-holding requirements.
  • Be sure equipment used to hold cold food is working properly.
  • Use thermometers to monitor the temperature of foods in cold storage.
  • Track food taken from cold storage and record how long it is out.

Additional Information:

Legal Basis:NYC Health Code §81.09

Evidence of pests (e.g., rats, mice, roaches, or flies) or live pests present in facility’s food and/or non-food areas (Penalty: $200 – $350 fine, 5 – 28 points)

Code: 4K, 4L, 4M, 4NViolation Type: Food Protection

How to Avoid the Violation:

  • Seal all cracks, crevices, and holes in walls, cabinets, and doors to prevent rodents, cockroaches, and flies from entering.
  • Install rodent-proof door sweeps on outside doors.
  • Store food and garbage in pest-proof containers.
  • Clean grease, oil, and food particles from all surfaces and equipment, including the floor underneath.
  • Keep range hoods clean and grease-free.
  • Contract with a pest control professional licensed to work in restaurants.

Additional Information:

Legal Basis:NYC Health Code §81.23

Facility not vermin proof. Harborage or conditions conducive to attracting vermin to the premises and/or allowing vermin to exist (Penalty: $200 fine, 4 – 5 points)

Code: 8AViolation Type: Vermin and Garbage

How to Avoid the Violation:

  • Seal all cracks, crevices, and holes in walls, cabinets, and doors to prevent rodents, cockroaches, and flies from entering.
  • Install rodent-proof door sweeps on outside doors.
  • Store food and garbage in pest-proof containers.
  • Clean grease, oil, and food particles from all surfaces and equipment, including the floor underneath.
  • Keep range hoods clean and grease-free.
  • Contract with a pest control professional licensed to work in restaurants.

Additional Information:

Legal Basis:NYC Health Code §81.23

Food not protected from potential source of contamination during storage, preparation, transportation, display, or service (Penalty: $200 – $350 fine, 5 – 8 points)

Code: 6CViolation Type: Personal Hygiene and Other Food Protection

How to Avoid the Violation:

  • Keep food covered until served.
  • Keep food separated by temperature and type.
  • Avoid cross contamination by separating potentially hazardous foods (like raw poultry) from ready-to-eat items (like salad mix).

Additional Information:

Legal Basis:NYC Health Code §81.07

Food contact surface not properly washed, rinsed, or sanitized after each use and following any activity when contamination may have occurred (Penalty: $200 – $300 fine, 5 – 8 points)

Code: 6DViolation Type: Personal Hygiene and Other Food Protection

How to Avoid the Violation:

  • Clean and sanitize all food preparation surfaces after each use; remove caked-on food.
  • Repair or replace deeply-grooved cutting boards and chipped or broken surfaces so they can be properly sanitized.

Additional Information:

Legal Basis:NYC Health Code §81.27

Non-food contact surface improperly constructed (Penalty: $200 fine, 2 – 5 points)

Code: 10FViolation Type: Facility Maintenance

How to Avoid the Violation:

  • Non-food contact surfaces or equipment should be properly maintained and/or properly sealed, raised, spaced, or movable to allow accessibility for cleaning on all sides, above and underneath the unit.
  • Review Health Department rules on acceptable materials; surfaces should be smooth and cleanable.
  • Keep all surfaces clean.

Additional Information:

Legal Basis:NYC Health Code §81.21

Plumbing is not properly installed or maintained (Penalty: $200 fine, 2 – 28 points)

Code: 10BViolation Type: Facility Maintenance

How to Avoid the Violation:

  • Monitor all plumbing fixtures and make needed repairs immediately.
  • Be sure plumbing is fitted with approved devices (e.g., valves, anti-siphonage pieces, and vacuum breakers) to prevent backflow.
  • Clean and maintain grease traps.
  • Make sure that the equipment or floor have proper drainage.
  • The sewage disposal system should be in good repair or function properly.

Additional Information:

Legal Basis:NYC Health Code §81.21

Sanitation, Department of

Dirty sidewalk (Penalty: $100 – $300 fine)

Code: AS06Violation Type: Streets and Sidewalks

How to Avoid the Violation:

  • Residents and businesses are responsible for keeping the sidewalks and gutter areas next to their buildings clean. Sidewalks include areas like tree pits and grass strips; gutter areas extend 18 inches from the curb of the sidewalk into the street.

Additional Information:

Legal Basis:NYC Administrative Code §16-118(2)(a)

Dirty area (Penalty: $100 – $300 fine)

Code: AS6MViolation Type: Streets and Sidewalks

How to Avoid the Violation:

  • Residents and businesses are responsible for keeping areas like front yards, side yards, driveways, alleys, open storage areas, and parking lots clean.

Additional Information:

Legal Basis:NYC Administrative Code §16-118(2)(a)

Failure to clean 18 inches into the street (Penalty: $100 – $300 fine)

Code: AS26Violation Type: Streets and Sidewalks

How to Avoid the Violation:

  • Residents and businesses are responsible for keeping the sidewalks and gutter areas next to their buildings clean. Sidewalks include areas like tree pits and grass strips; gutter areas extend 18 inches from the curb of the sidewalk into the street.

Additional Information:

Legal Basis:NYC Administrative Code §16-118(2)(a)

Failure to post a private carter decal (Penalty: $100 fine)

Code: AS02Violation Type: Recycling and Garbage

How to Avoid the Violation:

  • Merchants and businesses must post a decal that clearly and legibly states the name of the private carter they have hired and the days and times the garbage is picked up. The NYC Department of Sanitation does not collect commercial waste.

Additional Information:

Legal Basis:NYC Administrative Code §16-116(b)

Sidewalk obstruction (Penalty: $100 – $300 fine)

Code: AS07Violation Type: Streets and Sidewalks

How to Avoid the Violation:

  • Keep sidewalks clear of anything that could obstruct pedestrian traffic, such as garbage, trash containers, merchandise, or A-frame signs. Note: There are a few exceptions.

Additional Information:

Legal Basis:NYC Administrative Code §16-118(2)(a)

Improper use of DSNY litter basket (Penalty: $100 – $350 fine)

Code: AS20Violation Type: Recycling and Garbage

How to Avoid the Violation:

  • Sanitation litter baskets and the area around them may not be used for the disposal of household garbage, for the disposal of sweepings, or for the disposal of commercial garbage by storekeepers.
  • Litter baskets may not be used for the display of merchandise or wares.

Additional Information:

Legal Basis:NYC Administrative Code §16-120(e)

Improper disposal (Penalty: $100 – $200 fine)

Code: AS16Violation Type: Recycling and Garbage

How to Avoid the Violation:

  • A person may not use another person’s receptacles without permission, or place his/her garbage or recycling in front of a premises other than the building in which he/she resides or works.

Additional Information:

Legal Basis:NYC Administrative Code §16-120(a)

Loose rubbish (Penalty: $100 – $200 fine)

Code: AS19Violation Type: Recycling and Garbage

How to Avoid the Violation:

  • Light garbage or rubbish, which is likely to be blown or scattered about the street, shall be securely bundled, tied, or packaged before being placed out for collection.

Additional Information:

Legal Basis:NYC Administrative Code §16-120(d)

Failure to remove snow and ice from sidewalk (Penalty: $100 – $350 fine)

Code: AS21Violation Type: Streets and Sidewalks

How to Avoid the Violation:

  • Every owner, lessee, tenant, occupant, or other person having charge of any lot or building must clean snow and/or ice from the sidewalk after the snow has stopped falling.
  • Do not shovel snow into the street.
  • If the snow or ice becomes frozen so that it cannot be removed, snow-melting material such as sand or salt may be used.

Additional Information:

Legal Basis:NYC Administrative Code §16-123

Street obstruction (Penalty: $100 – $150 fine)

Code: AS23Violation Type: Streets and Sidewalks

How to Avoid the Violation:

  • It is illegal to place items like boxes, barrels, garbage containers, or movable property like ATMs on a public street. Construction containers are allowed with an appropriate permit.

Additional Information:

Legal Basis:NYC Administrative Code §16-122(b)

Failure to keep designated recyclables separate from garbage (Penalty: $100 – $400 fine)

Code: R46, R47, R56Violation Type: Recycling and Garbage

How to Avoid the Violation:

  • Food and beverage establishments must recycle, at a minimum, all corrugated cardboard, bulk metal, metal cans, aluminum foil products, glass bottles and jars, and plastic bottles and jugs.
  • All other businesses must recycle, at a minimum, all bulk metal, corrugated cardboard, office paper, magazines, catalogs, phone books, newspaper, and textiles (if over 10% of your waste stream; for example, textile or garment industries).
  • Set out trash in black bags or covered bins and bundle recyclables in labeled covered bins or clear plastic bags.

Additional Information:

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

Transportation, Department of

Failure to provide equipment to a commercial bicyclist (Penalty: $100 – $250 fine)

Code: DF3Violation Type: Bicycle Delivery

How to Avoid the Violation:

  • Employers must provide equipment to commercial bicyclists, including protective headgear, retro-reflective outermost upper apparel with the business’ name and cyclists’ unique three-digit ID number on the back, and business ID cards.

Additional Information:

Legal Basis:NYC Administrative Code §10-157

Failure of a business using a bicycle for commercial purposes to produce or maintain a roster (Penalty: $100 – $250 fine)

Code: DF5Violation Type: Bicycle Delivery

How to Avoid the Violation:

  • Employers must make available at the work site a roster that indicates the name and place of residence of each bicyclist operating a bicycle on behalf of such business, the date of employment and discharge (if applicable) of such bicyclist, the bicyclist’s three-digit ID number, and whether or not the employee has completed a required bicycle safety course.

Additional Information:

Legal Basis:NYC Administrative Code §10-157 (d)

Failure to properly equip a bicycle used for commercial purposes (Penalty: $100 – $250 fine)

Code: DF4Violation Type: Bicycle Delivery

How to Avoid the Violation:

  • Employers must equip each commercial bicycle with a white headlight and a red taillight, a bell or other audible device (not a siren or whistle), brakes, and reflective tires or a reflex reflector mounted on the spokes of each wheel.
  • Employers must affix a metal or plastic sign at least 3 inches by 5 inches with the business name and a unique bicycle ID number for each bicycle (different from the bicyclist’s ID number) to the rear of each bicycle or bicycle seat, or both sides of the delivery basket.

Additional Information:

Legal Basis:NYC Administrative Code §10-157

Failure to post a Commercial Bicyclist Safety poster (Penalty: $100 – $250 fine)

Code: DF9Violation Type: Bicycle Delivery

How to Avoid the Violation:

  • Employers must post a Commercial Bicyclist Safety poster, which must be in English, Spanish, and any other language spoken predominantly by any bicycle operator utilized by the business.
  • The poster must be posted so that it is clearly visible to bicycle operators and business patrons present at the business site.

Additional Information:

Legal Basis:NYC Administrative Code §10-157.1