TP 536575
Page 1
Dep’t of Consumer Affairs v. Janet Ragusa
CITY OF NEW YORK
DEPARTMENT OF CONSUMER AFFAIRS
DEPARTMENT OF CONSUMER AFFAIRS,Complainant,
-against-
JANET RAGUSA
d/b/a valentine newsstand,
Respondent. / DECISION AND ORDER
Violation No.: TP534173
Respondent’s Address:
219 E. Fordham Rd. (NW cor)
Bronx, NY 10458
Date: 5/16/03
Appearances: For the Department: Inspector Laniyan. For the Respondent: Al Def Sheikh, Manager.
The respondent is charged with violating the following:
- Administrative Code of the City of New York Section 17-620, by selling a tobacco product to a person under 18 years of age.
Based on the evidence in this case, I RECOMMEND the following:
Findings of Fact
On March 18, 2003, the respondent sold a pack of cigarettes to a person who was 17 years of age.
Opinion
The credible evidence establishes that, on the date in question, the respondent sold a pack of cigarettes to a person who was under eighteen years of age. Although the respondent stated that he always asks for ID, he did not dispute the testimony of the inspector.
Order
The respondent is found guilty of charge # 1.
The respondent is ordered to pay to the Department a TOTAL FINE of $1,000 for charge 1.
This constitutes the recommendation of the Administrative Law Judge.
______
Judith Gould
Administrative Law Judge
DECISION AND ORDER:
The recommendation of the Administrative Law Judge is approved.
This constitutes an Order of the Department.
______
Nancy J. Schindler
Deputy Director of Adjudication
PLEASE TAKE NOTICE that, effective August 2, 2000, two or more violations of Administrative Code §17-618, §17-619 and/or §17-620 within a two-year period, regardless of whether the first such violation occurred prior to August 2, 2000, shall be grounds for the mandatory revocation of your cigarette retail dealer’s license. Any hearing for a second violation shall also constitute a hearing for mandatory revocation, but the law provides that the revocation may be waived upon satisfactory proof that you utilized extensive precautionary measures, as set forth in Administrative Code §17-624(f), to prevent the sale of tobacco products to minors.
However, be advised that, even if you are found by the Department of Consumer Affairs to be entitled to a waiver of the mandatory revocation, and your Department of Consumer Affairs license is not revoked, your state cigarette dealer registration and lottery license will still be subject to suspension.
PLEASE TAKE FURTHER NOTICE that any hearing for a third or subsequent violation of Administrative Code §17-618, §17-619 and/or §17-620 within a two-year period, where two or more such violations have occurred on or after August 2, 2000, shall constitute a hearing for the mandatory revocation of your retailer’s license. Such revocation may not be waived. In addition, your state cigarette dealer registration and lottery licensewill be subject to suspension or revocation.
N.Y.C. DEPARTMENT OF CONSUMER AFFAIRS – 66 JOHN STREET- NEW YORK, NEW YORK 10038—(212) 361-7770