New York, NY - Small Businesses Getting Fined to Death to Raise $894 Million for the City |
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But the borough's restaurateurs are making noise again. More than three dozen owners recently met with top officials from the Department of Health and Mental Hygiene to complain that city inspectors are routinely hitting them with fines—starting at $200 a pop—for what they consider nitpicky violations, like improperly storing silverware or stocking dented cans in a pantry.
“We've become very jaded with the concept that the Health Department is there to protect the public and to educate businesspeople on the proper way to handle food,” says Ken Tirado, owner of Killmeyer's Old Bavaria Inn. “It is so clear that they are just generating income for the city.”
City Hall increasingly depends on fines to pad municipal coffers. But business owners hope to find a bit of relief through a new mayoral panel tasked with stripping away some of the rules and red tape that can make it hard to be an entrepreneur in New York.
While Mayor Michael Bloomberg has yet to formally announce the panel's members and mission, there's certainly no shortage of material to study: An estimated 70,000 small businesses spanning 55 categories are licensed by the city's Department of Consumer Affairs alone. And untold numbers of regulations affecting companies small and large are enforced by other agencies ranging, from the Department of Health to the Department of Buildings.
“We have to go one by one through the regulations that small businesses are subject to and ask the question, 'Is there a public value served here?' “ says Councilman David Yassky, D-Brooklyn, who will sit on the panel. “If not, we have to eliminate them.”
Mr. Yassky points to a furniture dealer in his district who was recently fined thousands of dollars for operating without a license to sell used goods. The requirement is intended to prevent the fencing of stolen items, but Mr. Yassky believes that existing fraud laws should suffice.
“There should be some special reason the government has to demand that a business get a license,” he says. “If there's no special reason, we shouldn't impose the cost and burden of a license.”
Brooklyn-based home renovator Alistair Economakis says Building Department regulations especially deserve rethinking. The department's permitting process is needlessly laborious, he says, and once construction starts, inspectors are sent every time anyone phones in a complaint to 311, often delaying projects.
City stop-work orders, which can take months to lift, even for small violations, are the most disruptive, “When work stops,” Mr. Economakis explains, “contractors don't get paid and workers get laid off.”
The most fertile ground for complaints could well be restaurants. Frustrated owners say they don't always understand how inspectors come up with the violations they cite.
“We're talking about dented cans and flies causing some of these fines,” says James McBratney, owner of Jimmy Max on Staten Island and president of the borough's restaurant association. “I recently received a violation for presoaking my silverware as recommended by the manufacturer.”
Department of Health Associate Commissioner Elliott Marcus denies any spike in violations on Staten Island. “There is no agenda on our part to raise revenue for the city,” he says.
Councilman James Oddo, R-Staten Island, thinks otherwise. “When I have owners of a local pizzeria, a large restaurant and the premier hotel on Staten Island complain to me about the Health Department in a span of three weeks, there's something wrong,” he says.
The city's dismal fiscal outlook could crimp any anti-regulation effort. Even as the mayor calls for cutting red tape, he plans to generate almost $900 million in revenue from fines in fiscal 2010.
“Red tape exists for a specific reason—it's the way the city exercises a piece of its power and the way the city collects a piece of its revenue,” says Patrick Siconolfi, executive director of the Community Housing Improvement Program, a coalition of city landlords. “Unless you're willing to get rid of the underlying reasons, you're never going to get rid of the red tape.”
The city plans to take in $894 million in fines in fiscal 2010, up $112 million from the previous year, according to the mayor's executive budget. A spokesman for the mayor says most of the increase will be generated by additional cameras at traffic lights, tougher enforcement of “blocking the box” traffic rules, and a new data-mining system that will catch scofflaws that haven't paid city fines and fees.
The Department of Health anticipates collecting an extra $8.4 million, according to its preliminary fiscal 2010 budget. The increase will come from more frequent inspections of restaurants with persistent unsanitary conditions, Mr. Marcus says, insisting that restaurants with good sanitary conditions won't face additional burdens.
“If your restaurant is clean,” he says, “you won't get a violation.”
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Read Comments (20) — Post Yours »
1
Jun 14, 2009 at 06:34 PM RestaurantOwner Says:
The fines won't end as long as it is a consistent revenue stream for the city. Restaurants are being fined out of business causing layoffs and in some cases bankruptcy. The mayor doesn't see how a short term fine causes long term burdens, yielding a negative revenue stream for the city.
2
Jun 14, 2009 at 06:18 PM Anonymous Says:
If you start ticketing and places have to close up, the city will not have whomm to ticket and they will not have anybody to collect from!! A vicious cycle!!
3
Jun 14, 2009 at 06:41 PM Anonymous Says:
I don't run a food business but I do eat.
I expect perfection in things that if not done right can lead to sickness. Dented cans can lead to severe food poisoning, but not in all cases. That is why they are prohibited.
Please keep enforcement up to strict, no exceptions levels. I am sure the owners will learn to comply and hire workers that can understand what to do. Your life might depend on it.
4
Jun 14, 2009 at 06:00 PM Bloomberg the :KING" Says:
this is my city-and you peasants will pay my taxes and if I want to run 3-4 times I can -to hell with your term limits!!
5
Jun 14, 2009 at 05:59 PM Anonymous Says:
I was a restaurant owner n the primary reason I got out of the business was the dept of health
They come in n fine for stuff like plastic utensils not in the same direction(even only the customers did it n such non sense
6
Jun 14, 2009 at 05:53 PM Anonymous Says:
As a restaurant owner it has zero to do with cleanliness,its all about the $$$$$,openly visible just ask any owner.
7
Jun 14, 2009 at 07:31 PM Anonymous Says:
Get the bum out of office show some courage
8
Jun 14, 2009 at 07:19 PM Anonymous Says:
“ I don't run a food business but I do eat.
I expect perfection in things that if not done right can lead to sickness. Dented cans can lead to severe food poisoning, but not in all cases. That is why they are prohibited.
Please keep enforcement up to strict, no exceptions levels. I am sure the owners will learn to comply and hire workers that can understand what to do. Your life might depend on it. ”
Do you work for Bumbergs re-election compaign?
9
Jun 14, 2009 at 07:14 PM SHmuel Says:
“ I don't run a food business but I do eat.
I expect perfection in things that if not done right can lead to sickness. Dented cans can lead to severe food poisoning, but not in all cases. That is why they are prohibited.
Please keep enforcement up to strict, no exceptions levels. I am sure the owners will learn to comply and hire workers that can understand what to do. Your life might depend on it. ”
You think by keeping these petty laws you wont get sick eating in a restaurant?
10
Jun 14, 2009 at 06:59 PM Anonymous Says:
“ I don't run a food business but I do eat.
I expect perfection in things that if not done right can lead to sickness. Dented cans can lead to severe food poisoning, but not in all cases. That is why they are prohibited.
Please keep enforcement up to strict, no exceptions levels. I am sure the owners will learn to comply and hire workers that can understand what to do. Your life might depend on it. ”
If we would hold your kitchen to the same standard the health department holds restaraunts to, you won't be eating for much longer.
11
Jun 14, 2009 at 07:47 PM joeshmoe Says:
I think we should get together and post a list where anybody working could just put in their information and find out exactly how much money he's paying to the city. From licensing fees to payroll tax sales tax cell phone tax cigarette tax car tax landline phone tax gas tax electric tax, gasoline tax, income tax (I won't itemize), insurance tax, sales tax, additional fees not explicitly called taxes but highway robberies just the same (just check the additional fees on your bills, faa, etc.)
Only offhand partial list. would anybody just join in in creating a more complete picture in order to be able to create a web site for lets say, Plumber = sales tax, gross income= income tax, etc. just fill in a questioner and we'll write the real amount you should be paying (more than your total income) to Mr. Blumberg coffers. IT"S ALL ABOUT MONEY FACE IT! there was just some contractor who passed a inspection, 2 days later another inspector showed up, couldn't find anything, passed. two days later a lady inspector shows up, and mumbles to herself "dont tell me you can't put a stop work order on this site. there is no such a thing" and she looked some more and sure enough she was able to put on a stop work order. that's what were up against. greedy politicians! blumberg could find money to construct a nice park in the ship terminal, but won't pay from his own pocket, he'll tax us again and again, gotcha tickets, quotas on tickets, quotas on stop work orders, pay raises on city owned businesses (mta) while keeping on complaining that there is no money so you have to increase the fares (or rather fears).
12
Jun 14, 2009 at 08:03 PM Anonymous Says:
To #4 How dare you speak to anybody like that!!!
13
Jun 14, 2009 at 07:51 PM it's the same in LA Says:
these city goverments can't/won't live within in their means like the rest of us have to and so they tax the productive citizens to death.
14
Jun 14, 2009 at 08:33 PM Milhouse Says:
“ I don't run a food business but I do eat.
I expect perfection in things that if not done right can lead to sickness. Dented cans can lead to severe food poisoning, but not in all cases. That is why they are prohibited.
Please keep enforcement up to strict, no exceptions levels. I am sure the owners will learn to comply and hire workers that can understand what to do. Your life might depend on it. ”
Dented cans are perfectly safe, provided the dent is smooth, and not on a seam. You admit yourself that they're not dangerous in all cases. So why should a restaurant have to throw away cans that get dented in a safe way? Why are they fined no matter where the dent is?
15
Jun 14, 2009 at 08:33 PM #3 very cautious Says:
You think by keeping these petty laws you wont get sick eating in a restaurant?
Reply »
It will lessen the odds of getting sick.
If we would hold your kitchen to the same standard the health department holds restaraunts to, you won't be eating for much longer.
Reply » Guess what! My wife and I are very carefull and do follow these generally known rules. Our food is either stored cold or hot, we use a thermometer in the refrigerator, we use gloves when handling raw meat and are very carefull. We do not use raw saladd unless it is from Israel.
16
Jun 14, 2009 at 09:03 PM ga Says:
“ You think by keeping these petty laws you wont get sick eating in a restaurant?
Reply »
It will lessen the odds of getting sick.
If we would hold your kitchen to the same standard the health department holds restaraunts to, you won't be eating for much longer.
Reply » Guess what! My wife and I are very carefull and do follow these generally known rules. Our food is either stored cold or hot, we use a thermometer in the refrigerator, we use gloves when handling raw meat and are very carefull. We do not use raw saladd unless it is from Israel.
”
...'Cuz as everyone knows, the Israeli food health standards are so much better and more enforced than us third world peasants in America.
17
Jun 15, 2009 at 12:24 AM Anonymous Says:
The sanitation cops are the worst. After they tape the summons to a door go and read what they write. "I observed large quantity of wrappers, paper, cardboard strewn about in front of above location" in 99% of the cases its nothing more then a gum wrapper or the like.
18
Jun 14, 2009 at 11:17 PM Avrohom Abba Says:
Evenif we are fined out of business by Mr. Bloomberg's coolidea, he will then go the new swelling welfare linesand shortenthose lines by pulling a few hundred huge ones from the donut shops where they congregate and curse. Then after a few hours of heavy training, they will be sent with the large sunglasses to givemore tickets for more reasons to more cars and houses.
Mr. Bloomberg's aim is to drive the middle class out of the city. He wantsonly two classes here; the very rich and the poor. The rest of us are just dumb for waiting for the new fines, then the higher fines, then the very new fines, then the garbage fines, then the parking fines. When we have all had it up to the neck, he will get us for daring to open small businesses. Sooner or later, we will wake up and move outofthis tax and fines and tickets prison.
I don't even care who is running against him. As long as they will promise to ease up on the tickets and fines, they have my vote.
19
Jun 15, 2009 at 10:56 AM reality Says:
worst mayor ever
20
Jun 15, 2009 at 10:43 PM Anonymous Says:
starting at $200 a pop—for what they consider nitpicky violations, like improperly storing silverware or stocking dented cans in a pantry. >>>>>>
nitpicking? How about I vomit in your food from the sickness of eating from dented cans.