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Any person required to be licensed under chapter two or pursuant to provisions of state law enforced by the department to carry on a trade, occupation or business activity, who is not so licensed may not advertise the availability of goods and services related to the carrying on of such trade, occupation or business activity in any print publication or broadcast media having a circulation or audience within the city.
The commissioner after notice and hearing shall be authorized to impose civil penalties upon any person found to have violated subdivision a of this section. Such penalties shall be levied for each broadcast of such advertisement and shall be not less than fifty dollars nor more than two hundred fifty dollars for each violation. Such penalties for printed advertisements shall be determined based on the period of time the publication in which the advertisement appears remains current. The current period shall be determined as that time when a publication is initially offered for sale until the period when the next dated publication is offered for sale. In no case shall this period be less than twenty-four hours. If the current period is:
daily, such penalty shall be not less than fifty dollars nor more than one hundred dollars per day; weekly, such penalty shall be not less than two hundred fifty dollars nor more than three hundred fifty dollars per week;
greater than one week and not more than one month, such penalty shall be not less than three hundred fifty dollars nor more than five hundred dollars;
greater than one month, such penalty shall be not less than five hundred dollars nor more than one thousand dollars.
Such civil penalties may be recovered in a civil action before any court having jurisdiction of such actions.
The commissioner shall promulgate regulations requiring that any person required to be licensed under this title or pursuant to provisions of state law enforced by the department shall state in all print advertising with respect to such licensed activity the license number, and that the activity is licensed by the department.
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