Restaurants Now Potentially Negligent for Grease Traps' Design & Warning Sign Defects

A new NYS law requires all food service establishments with a grease trap / interceptor to ensure that it's designed to withstand expected loads & prevent unauthorized access. This law is effective 1/10/2022. 

The law also calls for the State Fire Prevention & Building Code Counsel to create regulations about warnings / design requirements for grease traps.

Beyond providing for local governments to adopt local laws to enforce this new law, it definitely establishes exposure to restaurants for personal injuries. Restaurateurs and landlords should ensure compliance and modify their leases to establish who is responsible for compliance.   

 

NYS Liquor Authority Updates License Application Rules

The Alcoholic Beverage Control (ABC) Law in NYS is being updated. 

A new law provides for payment receipts for applications, which is effective 2/20/2022. It also provides that the status of all licenses / permits should be posted on its website by 12/22/2022. This website will also provide the anticipated application process length of time as well as notifying applicants when estimates change.   

 

Another new law modifies penalties for violations. 1st time administrative / paperwork violators will now be given opportunities to fix errors (15 to 20 days) if the violation is considered minor instead of facing misdemeanor penalties. 

eSignature Impersonations are Criminal - It's About Time!

As a Christmas Present, New York State caught up with the times and updated the Penal Law to make impersonating another by electronic signature illegal. 

That makes sense. 

Update! New York Criminalizes Falsifying Vaccination Records

Falsifying COVID-19 vaccination records, including vaccination cards, is officially a crime in New York State, effective December 22, 2021.

The new law amends §170.00 of the Penal Law to include vaccination cards as a written instrument. For a false vaccination card to be considered a written instrument the card must include either a government logo or something suggesting it was created by a government entity; it must suggest that the card was provided to a person by a vaccine provider; and must includes a date the person received the vaccine, the type of vaccine, and a lot number.

If someone violates the new law, they can be criminally charged with tampering with public records, offering a false instrument for filing, and issuing a false certificate. In addition, when someone intentionally alters, in any manner, or destroys computer material indicating that a person did or did not receive a vaccination against COVID-19, it shall be considered the crime of computer tampering.

With the new vaccination mandates in New York City now in effect, will the criminalization of falsifying vaccination cards deter people from obtaining fake vaccination cards. Comment below and let us know.

Update! New York is Ready to Receive Your Calls on Housing Discrimination

New law establishes a dedicated phone line for public use to voice complaints of housing discrimination. New York State’s Division of Human Rights will operate the phone line during regular business hours. The phone number will be posted on the Division of Human Rights website.

The law becomes effective, 120 days after December 21, 2021. 

Nothing in this Bill prevents you from hiring an attorney to pursue damages resulting from discriminatory conduct. If you believe that you suffered injuries as a result of housing discrimination, you may be entitled to compensatory damages and punitive damages plus, you can have your attorneys' fees paid for by the defendant. 

Electronic Notarization soon to be Legal in NYS, But NOT in Time for Omicron and Certainly Not Simple

Effective June 20, 2022 video and audio conferenced electronic notarizations will be legal in New York State, but why make us wait until June 20, 2022? 

The law, S1780C, was signed by the Governor on December 22, 2022, but provides its effective date is 180 after signing. So, we have to wait roughly 6 months for new Executive Law 137-a to be effective. Further, not all electronic notarizations are going to be valid with cumbersome rules being set forth in the statute and even more rules to come by the Secretary of State in the form of regulations authorized in the statute. 

The law creates a new type of notary, an Electronic Notary Public or Electronic Notary, who has registered with the Secretary of State such notary's capability of performing electronic notarial acts. Plus, the law requires this notary to "keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used... for a period of at least ten years." Interestingly, electronic notarizations require the electronic notary public to be in New York State when performing the service, but the signer's location is irrelevant. 

While it seems that this law will greatly impact the ability to have wills, mortgages, and citizenship forms signed, on its face, it provides an unnecessarily complicated framework given that we've been doing simple electronic notarizations during the pandemic to much success.