We agree that plaintiff has been operating an enclosed sidewalk cafe without a license or franchise therefor from January 1, 1977 on, and that it had full notice of that fact. Accordingly, plaintiff is subject "to a penalty of one hundred dollars per day for every day during which the unlicensed business operates." (Administrative Code of City of New York, § 773-5.0, subd c.) The parties appear to concede, however, that the court has some discretion as to the amount...
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