Int 0274-1998

Be it enacted by the Council as follows: Section 1. Subdivision e of section 20-105 of the administrative code of the city of New York is amended to read as follows: e. [Ten] Five days after the posting of an order issued pursuant to paragraph two, three or four of subdivision b of this section and upon the written directive of the commissioner, officers and employees of the department and officers of the New York city police department are authorized to act upon and enforce such orders. �2. Subchapter 20 of chapter 2 of title 20 of the administrative code of the city of New York is amended to read as follows: SUBCHAPTER 20 [PUBLIC DANCE HALLS, CABARETS] PATRON DANCING ESTABLISHMENTS AND CATERING ESTABLISHMENTS 20-359 Definitions. Whenever used in this subchapter, the following terms shall mean: 1. ["Public dance hall." Any room, place or space in the city in which dancing is carried on and to which the public may gain admission, either with or without the payment of a fee. 2. "Public dance or ball." Any dance or ball of any nature or description to which the public may gain admission. 3. "Cabaret." Any room, place or space in the city in which any musical entertainment, singing, dancing or other form of amusement] "Patron dancing establishment" means any place or premises or part thereof in the city where the general public is invited or admitted and in which patron dancing is permitted in connection with the restaurant business or the business of directly or indirectly selling to the public food or drink, [except eating or drinking places, which provide incidental musical entertainment, without dancing, either by mechanical devices, or by not more than three persons] or in connection with the direct or indirect charge of an admission fee. [4]2. "Catering establishment [.]" [Any room, place or space in the city] means any place or premises or part thereof in the city, including any place or premises or part thereof in the city operated by a membership corporation, club, association or society, which is used, leased or hired out in the business of serving food or [beverages] drink for a particular function, occasion or event[,] to which the general public is not invited or admitted and wherein any music or entertainment is permitted. [5]3."Person[.]" [An individual,] means a natural person, corporation, club, partnership, association, society or any other organized group of persons, and shall include officers, directors and trustees of a corporation, club, association or society. [6. "Employee." A person employed in any capacity or title in connection with a cabaret or public dance hall, including the licensee and any and all persons responsible for the control or management thereof. It shall also include a concessionaire and each person employed by such concessionaire.] 4."Patron dancing" means any form of recreational dancing by patrons of an establishment which is done in an area designated or made available by such establishment for such dancing. �20-360 Licenses and fingerprinting. a. It shall be unlawful for any person to conduct, maintain or operate, or engage in the business of conducting, maintaining or operating, a [public dance hall, cabaret] patron dancing establishment or catering establishment unless the premises wherein the same is conducted, maintained or operated are licensed in the manner prescribed herein, provided, however, that any person who has obtained a patron dancing establishment license for premises that also constitute a catering establishment shall not be required to obtain a catering establishment license for such premises. b. A license to conduct, maintain or operate, or engage in the business of conducting, maintaining or operating, a patron dancing establishment or a catering establishment shall be issued for each premises wherein such patron dancing establishment or catering establishment is conducted, maintained or operated, only where a person meets all the requirements prescribed herein, any criteria in addition thereto established by the commissioner by rule as he or she deems necessary to effectuate the purposes of this subchapter and satisfies the commissioner that such person is fit and able to carry out the business of conducting, maintaining or operating a patron dancing establishment or catering establishment. [b] c. A membership corporation, club, association or society [which permits musical entertainment, singing, dancing or other form of amusement in premises wherein food or drink is directly or indirectly sold to its members, or their guests, or to the public,] shall be deemed to be conducting a [cabaret] patron dancing establishment hereunder and shall be subject to the requirements of subdivision a of this section to obtain a patron dancing establishment license when such membership corporation, club, association or society owns, operates or maintains any place or premises or part thereof in which all members of such membership corporation, club, association or society are invited or admitted and in which patron dancing is permitted and wherein food or drink is directly or indirectly sold to the members of such membership corporation, club, association or society, their guests, or to the public. [c] d. A steamship or boat moored or tied to a dock, pier or shore, and which contains a [dance hall or cabaret] patron dancing establishment or catering establishment that is in use while so moored or tied, shall be [required to obtain such license] deemed to be conducting a patron dancing establishment or catering establishment and shall be subject to the requirements of subdivision a of this section to obtain a patron dancing establishment license or a catering establishment license, as applicable. [d] e. [All] The commissioner shall require that all applicants for patron dancing establishment or catering establishment licenses [required by the provisions of this subchapter and holders of concessions on premises requiring such license] shall be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. [If the applicant is a partnership, all members of the partnership shall be fingerprinted. Except in the discretion of the commissioner, if the applicant is a corporation, club, association, society or other organized groups of persons, all officers, directors, stockholders and other persons entitled to a share of the income or profits shall be fingerprinted.] Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; the officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation; and the officers and directors if the applicant is a club, association, society or other organized group of persons. If the applicant for a [cabaret] patron dancing establishment or catering establishment license is the proprietor of a hotel containing more than two hundred rooms, only an officer or manager of the hotel filing the application shall be fingerprinted. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for patron dancing establishment or catering establishment licenses to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice. f. (1) On and after November first, nineteen hundred ninety-two, the commissioner shall not issue a license for conducting, maintaining or operating a patron dancing establishment for any premises that: (a) have the capacity to hold two hundred or more persons; and (b) are less than two hundred feet from the property line of a building that has a certificate of occupancy for residential use or a building that is subject to article seven-c of the multiple dwelling law. (2) Notwithstanding the limitation on the issuance of patron dancing establishment licenses contained in paragraph one of this subdivision, any person who held a cabaret license on November first, nineteen hundred ninety-two that continued in effect in accordance with its terms as if it constituted a patron dancing establishment license shall be entitled to renewal of such license provided that all other requirements for renewal are complied with and the licensee has not committed a violation or violations which could establish a basis for license suspension or revocation; provided, however, that where a corporation is the holder of a cabaret license on November first, nineteen hundred ninety-two that is continued as a patron dancing establishment license, the right to renewal granted pursuant to this paragraph shall terminate when there is a change in fifty-one percent or more of the ownership interest in such corporation from the ownership of record existing on November first, nineteen hundred ninety-two; and where a partnership is the holder of a cabaret license on November first, nineteen hundred ninety-two that is continued as a patron dancing establishment license, the right to renewal granted pursuant to this paragraph shall terminate upon the addition or termination of any general partner or upon the dissolution of the partnership. (3) Where a person has been issued a patron dancing establishment license on or after November first, nineteen hundred ninety-two and subsequent to such issuance there has been a change in conditions which result in the premises for which the license has been issued being less than two hundred feet from the property line of a building that has a certificate of occupancy for residential use or a building that is subject to article seven-c of the multiple dwelling law, such person shall be entitled to renewal of such license provided that all other requirements for renewal are complied with and the licensee has not committed a violation or violations which could establish a basis for license suspension or revocation. No person who has been issued a patron dancing establishment license on or after November first, nineteen hundred ninety-two shall expand the premises for which the license had been issued so that such expansion results in such premises being less than two hundred feet from the property line of a building that has a certificate of occupancy for residential use or a building that is subject to article seven-c of the multiple dwelling law. �20-361 Issuance [and], renewal, suspension and revocation of [license] patron dancing establishment or catering establishment licenses. a. [The] After due notice and an opportunity for a hearing, the commissioner may refuse to issue or renew a patron dancing establishment or catering establishment license to an applicant [only], and may, after due notice and an opportunity for a hearing, in addition to any other penalties provided herein, suspend or revoke a patron dancing establishment or catering establishment license issued under this subchapter upon the occurrence of any one or more of the following conditions: 1. the applicant, licensee, its officers, principals, directors [and] or stockholders owning more than ten percent of the outstanding stock of the corporation have [not submitted complete and accurate information required by the department] made a material false statement or concealed a material fact in connection with: (a)an application for a patron dancing establishment or catering establishment license or renewal thereof; or (b)an application for the approval of a change of ownership[;]. [(c)the furnishing of a record of convictions for offenses as provided in paragraph five of this subdivision; (d) the furnishing of financial information and records by the applicant, licensee, its officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation concerning the source of funds used or intended to be used in the operation of the licensed business and the amount of total funds each such individual has invested in the business;] 2. the premises on or in which the licensed business is to be conducted [have] or is conducted are not [been certified as] in compliance with the health, fire, buildings, zoning and water, gas and electricity safety requirements and standards established by the laws of the city and state of New York or any other governmental authority having jurisdiction thereof or the licensee has been found to have violated such requirements and standards with respect to such premises two or more times within a one-year period during the license term; 3. with respect to a new patron dancing establishment or catering establishment license application, the applicant, its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation or any individuals who have primary responsibility for managing the applicant have been found to have violated any of the health, fire, buildings, zoning and water, gas and electricity safety requirements and standards established by the laws of the city and state of New York with respect to other premises on or in which a patron dancing establishment or catering establishment business has been or is being conducted two or more times within the five-year period immediately preceding the date of such application; [3] 4.with respect to [a new license application for] the premises on or in which the licensed business is to be conducted or is conducted, there is no current certificate of occupancy to operate a [public dance hall, cabaret] patron dancing establishment or catering establishment; [4] 5.the applicant, licensee, its officers, principals, directors [and] or stockholders owning more than ten percent of the outstanding stock of the corporation or any individuals who have primary responsibility for managing the applicant or licensee have not complied with [the regulations of the department applicable thereto] this subchapter and any rules promulgated thereunder; [5] 6.the applicant, licensee, its officers, principals, directors [and] or stockholders owning more than ten percent of the outstanding stock of the corporation or any individuals who have primary responsibility for managing the applicant or licensee have been convicted of[: (a)any of the following offenses and there is a relationship between the offense and the conduct of a public dance hall, cabaret or catering establishment: (i)an offense within article two hundred of the penal law relating to bribery involving public servants; (ii)a felony within article two hundred ten of the penal law relating to perjury; (iii)an offense within article two hundred thirty of the penal law relating to prostitution offenses; (iv)an offense within article two hundred forty-five of the penal law relating to offenses against public sensibilities; (v) an offense within section 260.20 of the penal law relating to unlawfully dealing with a child; (b) any other offense which is a felony under the laws of this state or a crime committed in violation of the laws of any other jurisdiction which if committed in this state would be a felony; (c)] any offense which [is a misdemeanor involving the premises on or in which the licensed business is to be conducted] , in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a patron dancing establishment or catering establishment license is required under this subchapter or has been convicted of any other offense which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license. [6] 7.the applicant, licensee, its officers, principals, directors [and] or stockholders owning more than ten percent of the outstanding stock of the corporation or any individuals who have primary responsibility for managing the applicant or licensee have suffered or permitted the premises on or in which the licensed business is to be conducted or is conducted, through improper or inadequate maintenance and supervision, to be used for the commission of any [of the offenses set forth in paragraph five of this subdivision] offense; [7] 8.the applicant, licensee, its officers, principals, directors[,] or stockholders owning more than ten percent of the outstanding stock of the corporation [and] or employees thereof [at the premises on which the licensed business is to be conducted] have at least three times been proven to [be in violation of] have violated the provisions of subchapter one of chapter five of this title of this code or of any [regulations] rules promulgated thereunder[.] at the premises on which the licensed business is to be conducted or is conducted; 9. the applicant, licensee, its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation or any individuals who have primary responsibility for managing the applicant or licensee with respect to the premises on which the licensed business is to be conducted or is conducted have been found to have violated section 24-241.1 of the code two or more times within the one-year period immediately preceding the date of application or within a one-year period during the license term, whichever is applicable. b. The commissioner shall not issue or renew a patron dancing establishment or catering establishment license if the applicant, licensee, its officers, principals, directors [and] or stockholders owning more than ten percent of the outstanding stock of the corporation have not paid, within the time permitted by law, any fine, penalty or judgment duly imposed in connection with or arising from the use, occupation or operation of the premises on which the licensed business is to be conducted. [e] c.Each applicant and licensee shall notify the department in writing by registered mail, return receipt requested, within three business days of receipt of a notice of service of a summons for a violation relating to the operation of the business licensed or to be licensed or to the premises on or in which the business licensed or to be licensed is to be conducted and of a conviction for any offense [set forth in paragraph five of subdivision a of this section] occurring after the filing date of the application for a license or a renewal thereof or occurring during the term of the license. [f] d. In the manner prescribed in rule three hundred eighteen of the civil practice law and rules, each applicant or licensee shall designate an agent, a substitute agent and a successor agent for receiving service of process and communications from this department located within the city of New York. Proof of such designation shall be filed with the license application at the department. �20-362 Exemptions. This subchapter shall not apply to: a. Premises owned, occupied and used exclusively by a membership corporation, club, society or association, provided such membership corporation, club, society or association was in actual existence prior to January first, nineteen hundred twenty-six. b. Premises owned, occupied and used exclusively by a religious, charitable, eleemosynary or educational corporation or institution. c. Premises licensed as a motion picture theatre pursuant to [subchapters] subchapter one [and three] of this [subchapter] chapter and premises licensed as an amusement arcade pursuant to subchapter three of this chapter. �20-363 [Fees] Application and fees. a. [The license herein prescribed shall be issued by the commissioner.] Application for [such license] the licenses required by this subchapter shall be made on a form containing such information as may be determined by the commissioner, and shall be certified to by the applicant. The fee for each [cabaret or public dance hall] patron dancing establishment license shall be [as follows: Capacity Fee Up to and including 74 persons ...................$300 75 to 299 persons ................................ 400 300 to 599 persons ............................... 455 600 or more persons .............................. 500 for each year or fraction thereof. The fee for each catering establishment shall be as follows: Up to and including 74 persons ...................$200 75 to 299 persons ................................ 270 300 to 599 persons ................................ 400 600 or more persons ............................... 535 for each year or fraction thereof] one thousand two hundred and forty-four dollars for each two-year term. The fee for each catering establishment license shall be one thousand two hundred and forty-four dollars for each two-year term. [b. If additional rooms are to be used independently by the same applicant in the same premises as a public dance hall, cabaret or catering establishment, the applicant shall indicate on the application the location of each and every room or space which is to be used for such purpose. In such cases a separate license shall be required for each such additional independent room or space, and the fee for each such independent additional room or space shall be sixty dollars.] [c]b.A partial fee in an amount equal to one-third of the applicable license fee shall be paid upon filing of an application for a license herein prescribed, in order to defray the cost of processing the application and shall not be refundable. The processing fee shall be applied against the fee to be paid for the issuance of such license as provided herein. �20-364 Posting of license. Each license issued hereunder shall be kept posted at the main entrance of every place licensed hereunder. �20-365 License not transferable. No license issued under the provisions of this subchapter shall be transferred or assigned to any person, or used by any person other than the licensee to whom it was issued, nor shall such license be used [on] in any location other than the location stated in such license. �20-366 Changes in corporate licenses. If, during the term of the licensing period, one or more directors, stockholders owning more than ten percent of the outstanding stock of the corporation or officers of a corporate [license] licensee, is [substituted] changed or added, such [substituted or added] new directors, stockholders or officers shall, within five days of such [substitution] change or addition, file with the commissioner an application for an approval of the change or addition of directors, stockholders or officers on such forms as are prescribed by the commissioner. [A waiver of this provision may be granted in the discretion of the commissioner to any corporation with regard to stockholders holding less than ten percent of the issued stock.] The commissioner is authorized to require that such new directors, stockholders or officers be fingerprinted in accordance with subdivision e of section 20-360 of this subchapter. �20-367 Places closed to public within certain hours. a. Premises that are required to be licensed hereunder and are not required to be licensed by the state liquor authority shall not be kept open for business, nor shall the public be permitted to enter or to remain therein, between four ante meridian and eight ante meridian; and if the occupant of such premises is a membership corporation, club, association, or society, its members or their guests shall not be permitted to enter or to remain therein between such hours. The commissioner[, in his or her discretion, may] shall permit any such premises [licensed hereunder] to be open to the public between such hours on special occasions provided that the occupant of such premises demonstrates that the nature and duration of the occasion are such that the occasion will not create unreasonable noise, crowd control or traffic congestion problems in the community in which such premises are located. b. If it appears to the commissioner after due notice and an opportunity for a hearing that the [place for which a license is sought will be frequented by minors, or if there is in the opinion of the commissioner any other good and sufficient reason therefor] operation at or after one ante meridian of premises that are not required to be licensed by the state liquor authority creates unreasonable noise, crowd control or traffic congestion problems in the community in which such premises are located, he or she may [grant] deny renewal or may suspend or revoke a license [upon] issued under this subchapter unless the licensee agrees to the condition that the licensed premises shall [not] be [open] closed for business between one ante meridian and eight ante meridian. �20-368 Rules [and regulations]. The commissioner is authorized to adopt such reasonable rules [and regulations] as he or she may deem necessary for the proper control, operation, and supervision of [public dance halls, cabarets] patron dancing establishments and catering establishments. �[20-369 Suspension and revocation of license. a. The commissioner may suspend or revoke a license for conduct of the licensee, its officers, principals, directors, agents or employees or in a closely held corporation, stockholders that would constitute grounds for denying the issuance of renewal of a license pursuant to section 20-361 of this subchapter. (b) Upon application to the commissioner and prior to the reinstatement or reissuance of a suspended or revoked license, the licensee, with the commissioner's approval, shall, upon payment of the fee as specified in section 20-362 of this code, be permitted to operate for six months on a probationary license. At the end of such six month period, the license shall be reinstated or reissued unless the commissioner finds that the licensee, its officers, principals, directors, agents or employees or, in a closely held corporation, stockholders, have engaged in conduct that would constitute grounds for denying the issuance or renewal of a license pursuant to section 20-361 of this code. Upon a finding of such conduct the probationary license shall be revoked and shall not be reissued for a period of one year.] [20-370 permit for a public, masquerade or fancy dress dance or ball; fee. Premises licensed under the provisions of this subchapter may be leased or hired out, and used for the purpose of holding a public masquerade or fancy dress dance or ball only after the person intending to hold such dance or ball shall apply for and receive from the commissioner a permit to hold same. It shall be unlawful for a licensee to permit the licensed premises to be used for such a dance or ball unless the person holding such dance or ball has secured a permit from the commissioner to hold such dance or ball. Such permit shall be issued only upon condition that the dance or ball shall be held in accordance with the rules and regulations adopted by the commissioner. The commissioner is authorized to adopt reasonable rules and regulations for the holding of such dances and balls for the purpose of preventing thereat any fraudulent solicitation of monies or any disorderly or immoral behavior or conduct calculated to disturb the public peace or safety. Application for such permit shall be made to the commissioner upon such forms as he or she may prescribe. A fee of ten dollars shall be paid for each such permit. Such permit may at any time be revoked by the commissioner in case it appears probable that the dance or ball for which the permit has been issued will not be conducted in accordance with such rules and regulations. A permit issued pursuant to this section, in the discretion of the commissioner, may provide that such dance or ball may be continued between four ante meridian and eight ante meridian; and in such case the license issued for the premises in which such dance or ball is to be conducted shall not be deemed violated by reason of the fact that such premises are open to the public between such hours. No such dance or ball can be held in a premises licensed only as a catering establishment.] �3. Notwithstanding any inconsistent provision of law, any public dance hall license issued by the commissioner of consumer affairs prior to the effective date of this local law which is in effect on such effective date shall continue in effect as if it constituted a patron dancing establishment license issued by the commissioner of consumer affairs pursuant to section 20-360 of the administrative code of the city of New York as amended by section two of this local law, provided that the establishment for which the public dance hall license had been issued constitutes a patron dancing establishment as such term is defined in section 20-359 of such code as amended by section two of this local law, and provided further that the holder of such public dance hall license files an application for a patron dancing establishment license with the department of consumer affairs within 60 days after such effective date. Such holder of a public dance hall license shall, on and after the effective date of this local law, be subject to the provisions of subchapter 20 of chapter 2 of title 20 of such code as amended by section two of this local law, and any rules or regulations promulgated thereunder, provided that the establishment for which the public dance hall license had been issued constitutes a patron dancing establishment as such term is defined in section 20-359 of such code as amended by section two of this local law. During the pendency of such application, such public dance hall license shall remain in effect. If a holder of a public dance hall license issued by the commissioner of consumer affairs fails to file an application for a patron dancing establishment license with the department of consumer affairs within 60 days after the effective date of this local law, such public dance hall license shall become null and void and be of no further effect. Notwithstanding any of the provisions of section 20-363 of such code as amended by section two of this local law, the commissioner of consumer affairs may reduce the license fee for a patron dancing establishment license issued to the holder of a current, valid public dance hall license by no more than an amount which is equal to the fee for a public dance hall license prorated to the unexpired portion of the public dance hall license term. �4. (a) Notwithstanding any inconsistent provision of law, any cabaret license issued by the commissioner of consumer affairs prior to the effective date of this local law which is in effect on such effective date shall continue in effect in accordance with its terms as if it constituted a patron dancing establishment license issued by the commissioner of consumer affairs pursuant to section 20-360 of the administrative code of the city of New York as amended by section two of this local law, provided that the establishment for which the cabaret license had been issued constitutes a patron dancing establishment as such term is defined in section 20-359 of such code as amended by section two of this local law, and provided further that the holder of such cabaret license files an application for a patron dancing establishment license with the department of consumer affairs within 60 days after such effective date. Such holder of a cabaret license shall, on and after the effective date of this local law, be subject to the provisions of subchapter 20 of chapter 2 of title 20 of such code as amended by section two of this local law, and any rules or regulations promulgated thereunder, provided that the establishment for which the cabaret license had been issued constitutes a patron dancing establishment as such term is defined in section 20-359 of such code as amended by section two of this local law. During the pendency of such application, such cabaret license shall remain in effect. If a holder of a cabaret license issued by the commissioner of consumer affairs fails to file an application for a patron dancing establishment license with the department of consumer affairs within 60 days, such cabaret license shall become null and void and be of no further effect. Notwithstanding any of the provisions of section 20-363 of such code as amended by section two of this local law, the commissioner of consumer affairs may reduce the license fee for a patron dancing establishment license issued to the holder of a current, valid cabaret license by no more than an amount which is equal to the fee for a cabaret license prorated to the unexpired portion of the cabaret license term. (b) Notwithstanding any inconsistent provision of law, any cabaret license issued by the commissioner of consumer affairs prior to the effective date of this local law to an establishment that does not constitute a patron dancing establishment as such term is defined in section 20-359 of such code as amended by section two of this local law shall become null and void and be of no further effect as of the effective date of this local law. If the holder of such cabaret license surrenders the license within 60 days after the effective date of this local law to the department of consumer affairs, such holder may receive a refund of an amount equal to the fee for the cabaret license prorated to the unexpired portion of the cabaret license term. �5. Notwithstanding any inconsistent provision of law, any catering establishment license issued by the commissioner of consumer affairs prior to the effective date of this local law which is in effect on such effective date shall continue in effect in accordance with its terms, unless sooner suspended or revoked, as if it constituted a catering establishment license issued by the commissioner of consumer affairs pursuant to section 20-360 of the administrative code of the city of New York as amended by section two of this local law, provided that the catering establishment for which the license had been issued constitutes a catering establishment as such term is defined in section 20-359 of such code as amended by section two of this local law. The holder of such catering establishment license shall, on and after the effective date of this local law, be subject to the provisions of subchapter 20 of chapter 2 of title 20 of such code as amended by section two of this local law, and any rules or regulations promulgated thereunder, provided that the catering establishment for which the license had been issued constitutes a catering establishment as such term is defined in section 20-359 of such code as amended by section two of this local law. �6. Any provision in any rule promulgated by the department of consumer affairs prior to the effective date of this local law that relates to a cabaret shall, so far as not inconsistent with the provisions of this local law, apply to a patron dancing establishment as such term is defined in section 20-359 of the administrative code of the city of New York as amended by section two of this local law, until such rules are amended by the department of consumer affairs. �7. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. �8. This local law shall take effect 60 days after its enactment into law, provided that on or after the date of enactment of this local law the department of consumer affairs may promulgate any rules necessary for the implementation of the provisions of this local law and may take any other actions necessary for the administration of this local law. Referred to the Committee on Consumer Affairs.