DCA's Legal Division issues legal interpretations to help businesses comply with New York City laws and rules enforced by the Department. Each interpretation addresses specific facts and circumstances. Different facts and situations could result in different interpretations. The table below includes written legal interpretations issued in response to specific inquiries but may provide some guidance for other businesses, attorneys, and the public. DCA is committed to providing businesses with clear and easily accessible information but cannot serve as an attorney for businesses.

Note:

• Links feature the subject of interpretations.
• The most recent interpretations appear first in lists. In some instances, the laws or rules may have changed from the time the legal interpretation was issued. You are responsible for knowing and complying with the most current laws, including any City Council amendments.
• The letters have been redacted to delete confidential information.
• If an existing interpretation does not address your question about how a law or rule applies to your specific situation, please submit a request for a legal interpretation by e-mail OR by mail to:
            Department of Consumer Affairs
            Attention: Legal Division
            42 Broadway, 9th Floor
            New York, NY 10004
  DCA will not address questions or issues arising in lawsuits or as a result of an enforcement action unless directed to do so by a court. Use the contact information above to request a legal interpretation only.

Additional Resources:

• Review Business License FAQs for general licensing information or visit Business Toolbox to access DCA's online services.
• Access the Laws of the City of New York 
• For all other inquiries, visit Contact DCA for appropriate contact information.

Consumer Protection Law
Issue	Interpretation
Unfair Trade Practices Prohibited	Regulations on length of time to use tickets
DCA Licensing Law
Industry	Interpretation
Amusement Arcade	Billiard tables are not counted for Arcade Law purposes
Amusement Device	Mechanical bull is an amusement device that requires a license
Auction House/Auctioneer	Auction house and collateral loan broker licenses Silent auctions Conducting auctions at various premises in NYC Online auctions of vacation packages Requirements for conducting an auction of residential real estate in NYC A licensed auctioneer must perform an auction Not-for-profits and auctioneer license requirements
Cabaret	Cabaret license requirements and business performances Cabaret license required
Cigarette Retail Dealer	License requirements for selling nicotine delivery system in the street
Debt Collection	Debt collection agency dunning letters* Clarification re debt collection agencies and phone calls* Clarification of the term originating creditor* Extra fees on student loans Clarification on licensing of debt collection agencies* Questions re debt collection license requirements for law firms* Clarification on scope of permitted and prohibited debt collection agency communications* Licensing requirements for debt buyers* Question re commercial exemption for debt collection agencies* Compliance with regulations re validation letters Question re debt collection agency licensing* Filing of bankruptcy claims and debt collection license requirements Clarification re names in permitted debt collection agency communication* Requirements re license numbers in debt collection agency communication Questions re licensing requirements for collection of commercial debt* Attorney concerns regarding final rules implementing Local Law 15 of 2009* Industry concerns regarding final rules implementing Local Law 15 of 2009* Question re attorneys and exemption from debt collection agency regulations* Original creditors and the Fair Debt Collection Practices Act Questions re requirement of debt collection agency license* Clarification re time periods Exemption of HESC from licensing requirements Language required in dunning letters  *These legal interpretations were responses to inquiries regarding Local Law 15 of 2009, which amended the Administrative Code of the City of New York to strengthen protections for consumers when contacted by debt collectors and expanded DCA’s licensing authority to include debt buyers. DCA also adopted new rules on debt collection practices that went into effect in April 2010.
Electronic and Home Appliance Service Dealer	Electronic and home appliance service dealer license requirements
Employment Agency	Employment agency for rehabilitation professionals Nanny and babysitter referral agency  Temporary babysitting services as employment agency Third party requirements for talent agencies do not invalidate DCA license Talent agency contract Non-profit organization operating as an employment agency Talent/Booking agent employment licensing Theatrical personal manager required to obtain an employment agency license Clarification on license requirements for modeling agency License requirement for bartending schools Theatrical employment agency and personal management  Talent/Employment agency licensing Nurses' registry and Employment Agency Law
General Vendor	Licensing requirement for storage of cell phones Vending on private property/selling flowers on a sidewalk Clarification on vendor's helper Vending from a parked vehicle is prohibited General vending and licensing of hand trucks  Operating a shoe shine stand or booth in a public space
Home Improvement Contractor	Home improvement questions re licensed architects and contracts Warranty or guarantee language in a home improvement contract Clarification of definition of home improvement work Department of Buildings' electrician license and home improvement work License requirement for erecting real estate signs Coordinating installation does not require a home improvement license Questions re home improvement work in high rise buildings and single family dwellings Home improvement work paid for by a management company A license is not required to mow a lawn Planting, removing, pruning trees and license requirements Cabinet maker and home improvement license requirements
Home Improvement Salesperson	A license is required to solicit home improvement work
Horse Drawn Cab	Hybrid Horse Drawn Carriage (HDC) / Motorized HDC Horse drawn cabs – weekend restrictions
Laundry Jobber	Laundry jobber license required for laundry service that does not deal with the public
Locksmith	A locksmith license is required to change locks in an office building
Parking Garage and/or Lot	Bike parking in garages and disclaimers of liability Parking lot license exemption 2 Parking lot license is required for use by outside vendors/parties Parking lot license exemption 1 Parking garage license exemption 2 Parking garage license exemption 1 Patron parking exemption
Pawnbroker	Legality of accepting pawns through mail and advertising pawnshop online Legality of life insurance policy as subject of pawn Pawnbroker disclosures
Pedicab Business	Definition of pedicab accidents and reporting requirements Pedicab insurance is required for the full license term
Process Server (Agency and Individual)	Requirement to enter all information in process server recordkeeping Service of subpoena for electronic records of service (GPS records) Licensed attorney operating a process server agency Process server logbooks: recording certified mailings and scanning records Traverse hearing reporting requirements for process serving agency and process server individual Clarification on process server license requirement Process server license requirement License requirement for process server organization outside of NYC LLC requiring a process server organization license
Scrap Metal Processor	Scrap metal processor license required Clarification re scrap metal processor license requirement Corporate change in scrap metal processor
Secondhand Dealer Auto	License required for storage and display of secondhand vehicles Threshold for secondhand auto dealer license requirement
Secondhand Dealer General	Licensed secondhand dealer at alternate locations Clarification on license requirements for secondhand dealing Sale of remanufactured ink or toner cartridges does not require a secondhand dealer license
Sidewalk Café	Termination of a land owner's consent to operate a sidewalk café Clarification re sidewalk café regulations
Special Sale	Going out of business sale and compliance with NY State General Business Law
Stoop Line Stand	Question re stoop line stand licenses
Storage Warehouse	Licensing requirement for storage of cell phones Clarification of storage warehouse license requirements Storage warehouse license requirements for art galleries storing art
Temporary Street Fair Vendor Permit	License required for operating a game of skill at a street fair
Tow Truck	Question re lettering on tow trucks Clarification re vehicles towed pursuant to DARP program Towing repossessed vehicles requires a license Car carriers and tow truck license requirements Drop fees and removal of vehicles from parking lots Authorization for towing in private lots DCA license number may be required to be posted outside of towing facility
Other Laws Enforced by DCA
Issue	Interpretation
Funeral Service Providers	Funeral service provider requirements  Clarification of requirements for funeral service providers
Motorized Scooters	Sales in New York City
Tenant Screening Report Disclosure	Questions concerning tenant screening report disclosures