TP537835
Page 1
Dep’t of Consumer Affairs v. 477 CPW Food Corp.
CITY OF NEW YORK
DEPARTMENT OF CONSUMER AFFAIRS
DEPARTMENT OF CONSUMER AFFAIRS,Complainant,
-against-
477 CPW FOOD CORP.
d/b/a PARK WEST FOODS,
Respondent. / DECISION AND ORDER
Violation No.: TP537835
Respondent’s Address:
477 Central Park West
New York, NY 10025
Date: July 16, 2003
Appearances: For the Department: Inspector Wheelock. For the Respondent: Glenn Wright, Esq.; Rosey Loorkhoor, Supervisor.
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 April 1, 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 Ms. Loorkhoor testified believably that hers and the new cashier’s priority was the minor’s well-being after she tripped and fell, the fact remains that the cigarettes were placed on the counter before the minor’s identification was checked. I did not find credible Ms. Loorkhoor’s testimony that the transaction was not complete (that is, the cigarettes were still on the counter) when Inspector Wheelock identified himself.
The respondent’s additional argument – that the employees were further distracted by Inspector Wheelock’s purchase of a banana and other customers on line – is without merit, in that the law makes no exceptions for such circumstances.
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 its violation of 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. Failure to comply with this Order within 30 days shall result in suspension of the license.
______
Nancy J. Schindler
Deputy Director of Adjudication
cc:Glenn Wright
319 Broadway (4th floor)
New York, NY 10007
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.
If you wish to APPEAL this decision, or file a MOTION FOR REHEARING, you must file your appeal or motion within 30 daysof the date of this decision. You must include with your appeal or motion a check or money order for the sum of $25 payable to the Department of Consumer Affairs. In addition, the respondent must serve a copy of its appeal or motion for rehearing, and any other related documents, on the Legal Division of the Department of Consumer Affairs, 42 Broadway, 9th Floor, New York, NY 10004.
N.Y.C. DEPARTMENT OF CONSUMER AFFAIRS – 66 JOHN STREET- NEW YORK, NEW YORK 10038—(212) 361-7770