Int. No. 337
By Council Member Dear
A Local Law to amend the administrative code of the city of New York, in relation to the regulation of street vending businesses and to repeal and reenact a new section 20-465.1 of the administrative code of the city of New York.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The council finds that food vendors and general vendors play an important role in the economic life of New York City by providing a livelihood for many New Yorkers and by making available meals, snacks and merchandise that are relatively inexpensive and may be purchased and consumed quickly. It is also found that street vending activities present to the City an opportunity to obtain significant revenues, not only from the income and business taxes generated by the vendors and other related businesses, such as suppliers of the food and merchandise sold, but also from fees for the use of the City’s public spaces and streets. Consequently, it is important that the system by which food and general vendors are authorized to conduct their businesses, and the methods by which these businesses are operated, assures fairness to consumers and effectively protects their health, is fair to the vendors, respects the concerns of other merchants and brings to the City the maximum amount of revenue. One mechanism for achieving the latter is altering the licensing and permitting structure to allocate vending locations in designated zones through a competitive bidding process.
However, the council remains aware that street vending is never appropriate on certain City thoroughfares and is inappropriate during certain days and times of day on other streets. Any scheme for the regulation of street vendors must also accommodate these concerns but must at the same time not allow restrictions of this nature, and the method of establishing those restrictions, to be used as a mechanism for sanitizing the cityscape.
§2. Section 17-306 of the administrative code of the city of New York, is amended by amending subdivision i and by adding thereto a new subdivision q to read as follows:
i. "Person”. A natural person, partnership, corporation or other [association] business entity.
q. “Blockface”. The area of a sidewalk on each side of a street spanning from one intersection to the next.
§3. Paragraph 2 and subparagraphs a and b of paragraph 3 of subdivision b of section 17-307 of the administrative code of the city of New York, as amended by local law number 15 for the year 1995 and subparagraph c of paragraph 3 of subdivision b of section 17-307, as amended by local law 27 of 1997, are amended to read as follows:
2. (a) (i) On and after [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight, [no new full-term] permits shall be issued until the number of such permits which are in effect is [less than] three thousand. Thereafter, the maximum number of such permits which may be in effect shall be three thousand and no new permits shall be issued in excess of such maximum number, except that the number of permits shall be increased by the number of permits that were issued as temporary permits or are subject to renewal as temporary permits as of March twenty-fourth, nineteen hundred ninety-eight. Thereafter, the number of permits shall be reduced as permits that were issued as temporary permits are not renewed.
Notwithstanding the limitations on the issuance of new [full-term] permits, a permit issued prior to [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight which is in effect shall be renewable by the licensee to whom the permit was issued subject to the provisions of subparagraph (f) of this paragraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for permit or license revocation or suspension.
(ii) No more than two hundred fifty permits and no fewer than one hundred twenty-five permits shall be issued within the midtown east food vending zone, no more than one hundred fifty permits and no fewer than seventy-five permits shall be issued within the midtown west food vending zone, no more than one hundred fifty permits and no fewer than seventy-five permits shall be issued within the midtown south food vending zone, no more than one hundred fifty permits and no fewer than one hundred fifty permits shall be issued within the downtown food vending zone, no more than one hundred fifty permits and no fewer than seventy-five permits shall be issued within the westside food vending zone and no more than one hundred fifty permits and no fewer than seventy-five permits shall be issued within the eastside food vending zone. Furthermore, within any of such zones no more than two permits may be issued for any blockface, no more than two permits may be issued for any corner and no more than four permits may be issued for any intersection.
(b)(i) On and after March [fifteenth, nineteen hundred ninety-five] twenty-fourth, nineteen hundred ninety-eight, without increasing the number of [full-term] permits which may be in effect in accordance with subparagraph (a) of this paragraph, two hundred [full-term] permits shall be designated for use exclusively in specified boroughs as follows:
(A) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of the Bronx where food vendors are not prohibited from vending;
(B) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Brooklyn where food vendors are not prohibited from vending;
(C) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Queens where food vendors are not prohibited from vending; and
(D) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Staten Island where food vendors are not prohibited from vending.
(ii) After the initial issuance of such permits, the commissioner shall establish a separate waiting list for each of the relevant boroughs to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on each such waiting list.
(c) On and after [January first, nineteen hundred ninety-five] March twenty-fourth, nineteen hundred ninety-eight, [full-term] permits shall be issued only to persons who at the time of application for a permit have not had a [full-term] permit revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain or operate a food vending business. Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, no person shall be issued more than one permit[, whether full-term or temporary].
(d) The issuance or renewal of a [full-term] permit pursuant to this subchapter shall be subject to the permittee [within three months after the certification of a complete application therefor] presenting a pushcart or vehicle for inspection by the department and [within six months after such certification,] passing such inspection.
(e) The commissioner shall establish a separate waiting list for the issuance of [full-term] permits pursuant to this subchapter to be administered in accordance with requirements to be established by rules of the commissioner. The commissioner may by rule limit the number of places the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation.
(f) Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, on and after [January first, nineteen hundred ninety-six] March twenty-fourth, nineteen hundred ninety-eight, and on every renewal date thereafter, a permit holder may not renew more than one permit [whether full-time or temporary]. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or renewal.
3. (a) Notwithstanding the provisions of paragraph two of this subdivision limiting the number of [full-term] permits that are authorized to be issued, the commissioner may issue up to a maximum of one hundred additional [full-term] permits authorizing the holders thereof to vend food from any vehicle or pushcart in any public place in the city of New York where food vendors are not prohibited from vending, other than within the food vending zones created by section 17-315.1 of this subchapter. Such permits shall be issued only to natural persons who at the time of application for a permit hereunder are not holders of a [full-term] permit issued pursuant to paragraph two of this subdivision and who have not had a [full-term] permit revoked or suspended. No person shall be issued more than one permit. Such permits shall be issued in the order in which applications for such permits are received in accordance with the preferences specified in subparagraph (b) of this paragraph and the procedures established by the commissioner. The issuance or renewal of a [full-term] permit pursuant to this paragraph shall be subject to the permittee [within three months after the certification of a complete application therefor] presenting a pushcart or vehicle for inspection by the department and[, within six months after such certification,] passing such inspection. After the initial issuance of such permits, the commissioner shall establish a waiting list, not to exceed four hundred in number, to be administered in accordance with procedures to be established by rules of the commissioner.
(b) Preferences shall be given in the issuance of permits pursuant to this paragraph and in the placement on such waiting list to the following categories of persons in the following order:
(i) Veterans who on August second, nineteen hundred ninety-one held a valid general vendor's license issued by the department of consumer affairs pursuant to subchapter twenty-seven of chapter two of title twenty of the code by virtue of having claimed a disability.
(ii) Disabled veterans.
(iii) Disabled persons.
(iv) Veterans.
(c) A person who has been issued a permit pursuant to this paragraph shall not be eligible to obtain a [full-term] permit authorized by paragraph two of this subdivision if at the time of application for a [full-term] permit authorized by such paragraph two such person is a holder of a [full-term] permit issued pursuant to this paragraph or such person has had a [full-term] permit issued.
§4. Subparagraph a of paragraph three of subdivision f of section 17-307 of the administrative code of the city of New York, as amended by local law number 15 for the year 1995, is amended to read as follows:
3. (a)(i) On and after [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight, no new temporary permits shall be issued [until the number of such permits which are in effect is less than one thousand. Thereafter, the maximum number of such permits which may be in effect shall be one thousand and no permits shall be issued in excess of such maximum number. Notwithstanding the limitations on the issuance of new temporary permits, a]. A permittee who holds a temporary permit issued prior to [July thirtieth, nineteen hundred eighty-three] March twenty-fourth nineteen hundred ninety-eight shall be [renewable by the licensee to whom the permit was issued and within one year of its expiration date] issued a permit upon submission of an application by the permittee, subject to the provisions of clause (ii) of this subparagraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license or permit revocation or suspension. Any such permit shall be counted towards determining whether the maximum number of permits has been issued in accordance with paragraph 2 of subdivision b of section 17-307 of this subchapter.
(ii) (A) Except as otherwise provided in item (B) of this clause, on and after [January first, nineteen hundred ninety-six, and on every renewal date thereafter] March twenty-fourth, nineteen hundred ninety-eight, a permit holder may not renew more than one permit [, whether full-term or temporary]. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation.
(B)(I) Notwithstanding any other provision of law to the contrary [, on and after the effective date of the local law which added this subitem,] any person who is an exclusive distributor or a manufacturer of a food product and who on February third, nineteen hundred ninety-five was an exclusive distributor or a manufacturer of such food product who held more than one [temporary] permit issued pursuant to this subchapter, [may] shall be issued additional permits so that the total number of permits that may be held by such person is equal to the number of [additional temporary] permits such person held on February third, nineteen hundred ninety-five [and, in addition, may continue to hold one full-term permit issued pursuant to this subchapter if such exclusive distributor or manufacturer held one full-term permit issued pursuant to this subchapter on the effective date of the local law which added this subitem] but in no event shall such person hold more than sixty permits. A written agreement or other document evidencing the existence of an exclusive distributorship as of February third, nineteen hundred ninety-five, irrespective of when such agreement or document was actually executed, shall be [proof] satisfactory proof that an applicant for multiple [temporary] permits was an exclusive distributor of a food product on February third, nineteen hundred ninety-five and is an exclusive distributor of such food product at the time of such application. [Any written agreement evidencing an applicant's status as an exclusive distributor on February third, nineteen hundred ninety-five shall have been in effect on such date].
(II) Any person who is eligible for the issuance of additional [temporary] permits pursuant to subitem (I) of this item shall be issued a maximum of sixty [temporary] permits.
(III) Additional [temporary] permits shall be issued pursuant to subitem (I) of this item only to persons who are eligible therefor who have not at the time of application for such additional [temporary] permits had a permit issued pursuant to this subchapter revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain and operate a food vending business. Such permits shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permits were issued or the permits have not been revoked or suspended and such person has not committed a violation or violations which would be a basis for permit or license suspension or revocation.
(IV) Nothing contained in subitem (I) of this item shall be construed as authorizing the issuance of [full-term or temporary] permits in excess of the numbers of such permits that are authorized to be issued pursuant to paragraph two of subdivision b of this section or clause (i) of this subparagraph.
§5. Subdivision e of section 17-307 of the administrative code of the city of New York is amended to read as follows:
e. All licenses and permits issued pursuant to this subchapter, other than permits issued pursuant to section 17-315.1 of this subchapter, shall be valid for two years unless sooner suspended or revoked. The commissioner may issue such licenses and permits to expire at various times during a year. To achieve such staggered expiration dates, initial licenses or permits may be issued for a period up to three years.
§6. Subdivision f of section 17-307 of the administrative code of the city of New York, as last amended by local law number 27 for the year 1997, is amended by amending paragraph 1 and by REPEALING subparagraphs b, c, d and e of paragraph three.
f. 1. The commissioner may issue temporary licenses [and permits] upon the furnishing of information and an application in such form and detail as such commissioner may prescribe and the payment of a fee pro-rated in accordance with the schedule of fees set forth in section 17-308 of this subchapter, but in no event shall the fee for such temporary license be less than ten dollars [or the fee for such temporary permit be less than fifteen dollars].
§7. Subdivision g of section 17-307 of the administrative code of the city of New York is amended to read as follows:
g. For purposes of determining the number of [full-term or temporary] permits held by a permittee pursuant to subdivisions b and f of this section, the following provisions shall apply:
1. A natural person shall be deemed to hold the [full-term or temporary] permits issued in the name of such natural person's unemancipated child, a partnership in which such natural person is a partner, a corporation in which such natural person is an officer, director or shareholder, or a limited liability company in which such natural person is a member, manager or officer.
2. A corporation shall be deemed to hold the [full-term or temporary] permits issued in the name of:
(a) an officer, director or shareholder of such corporation;
(b) another corporation where such corporation and such other corporation share a common officer, director or shareholder, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such other corporation;
(c) a limited liability company where such corporation or any of its officers, directors or shareholders is a member, manager or officer of such limited liability company, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such limited liability company; or
(d) a partnership where such corporation or any of its officers, directors or shareholders is a partner in such partnership or shareholders has any direct or indirect interest in such partnership.
3. A limited liability company shall be deemed to hold the [full-term or temporary] permits issued in the name of:
(a) a member, manager or officer of such limited liability company;
(b) another limited liability company where such limited liability company and such other limited liability company share a common member, manager or officer, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such other limited liability company.
(c) a corporation where such limited liability company or any of its members, managers or officers is an officer, director or shareholder in such corporation, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such corporation; or
(d) a partnership where such limited liability company or any of its members, managers or officers is a partner in such partnership, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such partnership.
4. A partnership shall be deemed to hold the [full-term or temporary] permits issued in the name of:
(a) a partner of such partnership;
(b) another partnership where such partnership is a partner in such other partnership, such partnership and such other partnership share a common partner, or such partnership or any of its partners has any direct or indirect interest in such other partnership;
(c) a corporation where such partnership or any of its partners is an officer, director or shareholder in such corporation, or such partnership or any of its partners has any direct or indirect interest in such corporation; or
(d) a limited liability company where such partnership or any of its partners is a member, manager or officer in such limited liability company, or such partnership or any of its partners has any direct or indirect interest in such limited liability company.
§8. Subdivision b and the preface to subdivision c of section 17-308 of the administrative code of the city of New York are amended to read as follows:
b. The annual fee for a license or renewal thereof, other than a permit issued pursuant to section 17-315.1 of this subchapter, shall be twenty-five dollars; provided, however, that for an initial license issued for more than two years the applicable license fee shall be increased proportionally to the nearest quarter year.
c. The annual fee for a permit or renewal, other than a permit issued pursuant to section 17-315.1 of this subchapter, thereof shall be:
§9. Paragraph 1 of subdivision b of section 17-309 of the administrative code of the city of New York is amended to read as follows:
1. The name, home and business address of the applicant. If the applicant is applying for a permit to vend food from a vehicle or pushcart in a public place, the name, home address and license number of every food vendor who will be authorized to operate such applicant's vehicle or pushcart and the legal relationship between such applicant and such food vendor.
§10. Subdivision a of section 17-309 of the administrative code of the city of New York is amended to read as follows:
a. All applications for a license or permit, other than a permit sought pursuant to section 17-315.1 of this subchapter, shall be accompanied by payment of the fee and shall be in such form and detail as the commission may prescribe.
§11. Subdivision c of section 17-314 of the administrative code of the city of New York, as amended by local law number fifteen for the year nineteen hundred ninety-five, is amended to read as follows:
c. Not use or permit anyone else to use a food vending vehicle or pushcart for vending any foods other than those authorized for sale by the commissioner or board unless prior written approval has been obtained from the commissioner or board; provided, however, that an exclusive distributor who has been issued more than one [temporary] permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend [or permit] and require anyone else using a pushcart or vehicle for which such exclusive distributor has a [temporary] permit to primarily vend, the food product that was the subject of the exclusive distribution agreement that such exclusive distributor had with a manufacturer on February third, nineteen hundred ninety-five, and, provided further, that a manufacturer who has been issued more than one [temporary] permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend [or permit] and require anyone else using a pushcart or vehicle for which such manufacturer has a [temporary] permit to primarily vend, the product that such manufacturer sold from a pushcart or vehicle on February third, nineteen hundred ninety-five;
§12. Subdivisions c and d of section 17-314.1 of subchapter 2 of chapter 3 of title 17 of the administrative code of the city of New York, as enacted by local law number fifteen for the year nineteen hundred ninety-five, is amended to read as follows:
c. A transfer in violation of this section shall be deemed to have occurred where, if a corporation is the permittee, there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued, or where the permittee is a limited liability company, where there has been the addition of any member, and where the permittee is a partnership, where there has been the addition of any partner. Furthermore, any such transfer in an exclusive distributor or a manufacturer who has been issued more than one [temporary] permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter shall result in the automatic revocation of all such additional [temporary] permits issued to such persons pursuant to such provision.
§13. Paragraph 2 of subdivision d of section 17-314.1 of the administrative code of the city of New York, as enacted by local law number fifteen for the year nineteen hundred ninety-five, is amended to read as follows:
2. an exclusive distributor or a manufacturer who has been issued more than one [temporary] permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may lease a vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor’s or manufacturer’s [temporary] permit attached thereto to a person licensed as a food vendor pursuant to this subchapter if (a) such exclusive distributor or manufacturer files with the department the bill of sale or other proof of ownership for such vehicle or pushcart with a duly issued sales tax receipt attached thereto; b) such lease agreement sets forth the food product which may be primarily sold using such vehicle or pushcart; and (c) such lease agreement is approved by the department, provided, however, that if such lease agreement is not approved or disapproved within thirty calendar days after such lease agreement is filed with the department, such lease agreement shall be deemed to be approved by the department. The commissioner shall promulgate rules establishing the standards by which the department shall evaluate such lease agreements and such standards shall include, but not be limited to, requirements that such lease agreements contain fair and reasonable terms based upon such factors as the cost of purchasing and maintaining such pushcart or vehicle and that the terms of such lease agreement are the result of an arm’s length negotiation between the parties thereto. Subleasing of any such vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor’s or manufacturer’s [temporary] permit attached thereto is strictly prohibited. Authorized officers and employees of the department of business services and the department of investigation may assist the commissioner and the department in effectuating the provisions of this paragraph. Any violation or violations of the provisions of this paragraph or any rules promulgated hereunder by an exclusive distributor or a manufacturer who has been issued more than one [temporary] permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may be the basis for suspension or revocation of all of the permits issued to such exclusive distributor or manufacturer pursuant to this subchapter.
§14. Subdivision k of section 17-315 of the administrative code of the city of New York, as amended by local law number 15 for the year nineteen hundred ninety-five is amended to read as follows:
k. A food vendor may vend at a location within a food vending zone only when such vendor has been granted authorization in accordance with section 17-315.1 of this chapter and only in a manner consistent with such authorization, all applicable provisions of this code and any rules promulgated pursuant thereto. No food vendor shall vend on any street or at any other location at any time where and when the operation of any food vending business is prohibited pursuant to [either] local law [or section 20-465.1 of the code and any rules promulgated pursuant thereto]. Except as they may be modified by the provisions of section 17-315.1 of this subchapter, the restrictions on where and when a food vendor may conduct a food vending business that were set forth in section 2-314 of the rules of the department of consumer affairs on March twenty-fourth, nineteen hundred ninety-eight shall remain in effect.
§15. Subdivision l of section 17-315, as added by local law number 17 for the year 1983, is amended to read as follows:
BOROUGH OF MANHATTAN
Third Avenue: East 40th Street, Monday through Friday, 8 am to 6 pm; East 58th Street to East 60th Street, Monday through Saturday, 8 am to 9 pm; Lexington Avenue: East 40th to the south side of East 57th Street, except for East 42nd Street, Monday through Saturday, 8 am to 7 pm; East 58th Street to East 60th Street, Monday through Saturday, 8 am to 9 pm; East 61st Street to East 69th Street, Monday through Saturday, 8 am to 6 pm; Park Avenue: the north side of East 34th Street to the south side of East 42nd Street, Monday through Friday, 8 am to 7 pm; East 55th Street to East 59th Street, except for East 57th Street; Monday through Friday, 10 am to 7 pm; Vanderbilt Avenue: the north side of East 42nd Street to East 45th Street, Monday through Friday, 8 am to 7 pm; Madison Avenue: the north side of East 34th Street to East 45th Street, except for East 42nd Street, Monday through Friday, 8 am to 6 pm; East 46th Street to East 59th Street, except for East 57th Street, Monday through Saturday, 10 am to 7 pm; Fifth Avenue: 32nd Street to 59th Street, except for 57th Street, Monday through Saturday, 8 am to 7 pm; Avenue of the Americas: West 32nd Street to West 59th Street, except for West 34th Street and West 57th Street, Monday through Saturday, 8 am to 7 pm; Broadway: West 32nd Street to West 52nd Street, except for West 34th Street, Everyday, 8 am to 8 pm; Seventh Avenue: West 33rd Street to the south side of West 34th Street, Monday through Saturday, 8am to 6 pm; West 35th Street to West 45th Street, except for West 42nd Street, Monday through Saturday, 8 am to midnight; West 46th Street to West 52nd Street, Monday through Saturday, 2 pm to 7 pm; Fourteenth Street: Broadway to Seventh Avenue, Monday through Saturday, noon to 8 pm; [West 34th Street: Fifth Avenue to Seventh Avenue, Monday through Saturday, 8 am to 7 pm; Forty-second Street: Third Avenue to Eighth Avenue, Monday through Saturday, 8 am to 7 pm;] West Forty-third Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; other days, 7 pm to 11 pm; West Forty-fourth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; other days, 7 pm to 11 pm; West Forty-fifth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; other days, 7 pm to 11 pm; West Forty-sixth Street: Seventh to Eighth Avenues, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Forty-seventh Street: Fifth to Eighth Avenues, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Forty-eighth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Forty-ninth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fiftieth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fifty-first Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fifty-second Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fifty-third Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm.
§16. Subchapter 2 of chapter 3 of title 17 of the administrative code of the city of New York is amended by adding thereto a new section 17-315.1 to read as follows:
§17-315.1 Food vending zones. a. There shall be established within the borough of Manhattan the following food vending zones:
1. Midtown east food vending zone - The area bounded by and including the north side of 59th Street, the east side of Fifth Avenue, the north side of 42nd Street and the east side of Third Avenue, except that food vendors shall be prohibited from conducting a food vending business at all times on the following streets in addition to the restrictions set forth in subdivision l of this section: both sides of 57th Street from and including the east side of Third Avenue to and including the east side of Fifth Avenue and the north side of 42nd Street from and including the east side of Third Avenue to and including the east side of Fifth Avenue.
2. Midtown west food vending zone - The area bounded by and including the north side of 59th Street, the west side of Seventh Avenue, the north side of 42nd Street and the west side of Fifth Avenue, except that food vendors shall be prohibited from conducting a food vending business at all times on the following streets in addition to the restrictions set forth in subdivision l of this section: both sides of 57th Street from and including the east side of Third Avenue to and including the west side of Fifth Avenue and the north side of 42nd Street from and including the west side of Fifth Avenue to and including the west side of Seventh Avenue.
3. Midtown south food vending zone - The area bounded by and including, the south side of 42nd Street, the west side of Seventh Avenue, the south side of 34th Street and the east side of Third Avenue, except that food vendors shall be prohibited from conducting a food vending business at all times on the following streets in addition to the restrictions set forth in subdivision l of this section: the south side of 42nd Street from and including the east side of Third Avenue to and including the west side of Seventh Avenue and both sides of 34th Street from and including the east side of Third Avenue to and including the west side of Seventh Avenue.
4. Downtown food vending zone - The area bounded by the north side of Chambers Street as extended to the Hudson River, the Hudson River, the south side of the Battery Park promenade, the East River, Dover Street and Frankfort Street.
5. Westside food vending zone - The area bounded by and including the east side of Central Park West, the south side of West 81st Street extended to the east side of Central Park West, the west side of Columbus Avenue, the north side of West 79th Street, the west side of Broadway to the south side of West 72nd Street, the west side of Amsterdam Avenue to West 70th Street, along West 70th Street to the east side of Amsterdam Avenue, the east side of Amsterdam Avenue to the north side of West 65th Street, the north side of West 65th Street to the east side of Central Park West and the east side of Central Park West to the extension of West 81st Street, except that food vendors shall be prohibited from conducting food vending businesses at all times on West 65th Street between Amsterdam Avenue and the east side of Central Park West.
6. Eastside food vending zone - The area bounded by the north side of East 86th Street as extended to the East River, the East River, the south side of East 79th Street and the west side of Fifth Avenue.
b. Within sixty days from the effective date of each paragraph of subdivision a of this section, the commissioner of transportation shall issue an invitation for bids in accordance with the rules of the procurement policy board for permits to operate food vending businesses within the food vending zones established by such paragraphs. The invitation for bids shall request bids for permits to operate a food vending business at each of the locations within such zones at which a food vending business may lawfully be operated upon such financial terms as the commissioner determines are reasonable, including minimum dollar amounts for bids. The solicitation for bids also shall provide that alternative locations shall be made available within each zone at which a successful bidder may conduct a food vending business in the event that the location for which a permit was issued pursuant to that solicitation for bids may no longer be lawfully used to conduct a food vending business while such permit is in effect. Only those persons who hold a permit or are entitled to a permit pursuant to the provisions of this subchapter may submit a bid pursuant to this subdivision. Any bidder may submit a bid for a permit for more than one location within a zone but no bidder may be issued a permit to operate a food vending business at more than one location within any zone. Notwithstanding any other provision of law, a permit issued for a location within a food vending zone shall be valid for a period of three years.
c. Bids shall be accepted in accordance with the rules of the procurement policy board and a successful bidder shall be issued a permit by the commissioner to operate a food vending business at the location for which the bid was accepted upon payment of twenty-five percent of the highest year’s bid and subject to all other requirements for issuance of a permit pursuant to this subchapter being met. However, the commissioner of transportation shall not accept more than one bid to operate a food vending business at any location within a food vending zone.
§17. Subdivision d of section 17-321 of the administrative code of the city of New York, as amended by local law number 15 for the year nineteen hundred ninety-five, is amended to read as follows:
If a food vendor operates any food vending business on any street at any time where and when the operation of any food vending business is prohibited pursuant to the provisions of [section 20-465.1 of the] this code and any rules promulgated pursuant thereto, any authorized officer or employee of the city or any member of the New York city police department is authorized to provide for the removal of the food vendor’s food, vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart or food may be charged with reasonable costs for removal and storage.
§18. Paragraphs 1 and 2 and the preface of paragraph 4 of subdivision c of section 19-136 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, are amended to read as follows:
c. 1. Except as otherwise hereinafter provided, in addition to the streets designated pursuant to subdivision a of this section, such an obstruction shall be prohibited on any street at such time where either general vending or food vending has been prohibited by local law [or by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder].
2. [As chairperson of the street vendor review panel] The street vending committee established pursuant to section 20-465.1 of this code[, the commissioner of the department of business services or his or her designee] may recommend that in specific areas of the city the provisions of subdivision a of this section or paragraph one of this subdivision which prohibit such obstructions shall not apply. In making such recommendation[, such commissioner or his or her designee] the street vending committee shall consider (a) whether such obstructions are intrinsic to the operation of the businesses within such areas and such businesses constitute an essential part of the unique historical and commercial nature of such area and (b) the measures which shall be taken to ameliorate the danger to the public health, safety and welfare in such areas which may be caused, in whole or in part, by the maintenance of such obstructions. [Such commissioner] The street vending committee may from time to time review [,] and modify, or revoke] such recommendations. A recommendation by [such commissioner or his or her designee] the street vending committee pursuant to this paragraph shall be effective upon the report of such recommendation to the council and the approval by the council of such recommendation pursuant to local law. Notice of any recommendation made by the [commissioner or his or her designee] street vending committee shall be published in the City Record and mailed to each community board not less than thirty days prior to such [commissioner’s] committee’s report to the council.
4. On the following streets [where] general vending [has been] is prohibited [by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder,] but the provisions of paragraph one of this subdivision shall not apply:
§19. Section 20-452 of the administrative code of the city of New York, as last amended by local law number 14 for the year 1995, is amended to read as follows:
i. “Blockface”. The area of a sidewalk on each side of a street spanning from one intersection to the next.
§20. Subdivisions a, b and c of section 20-454 of the administrative code of the city of New York are amended to read as follows:
a. All licenses issued pursuant to this subchapter, other than a license issued pursuant to section 20-464.1, shall be valid for a period of one year unless sooner suspended or revoked. The commissioner shall establish by [regulation] rule the expiration date of such licenses.
b. The commissioner may issue a temporary license, other than pursuant to section 20-464.1 of this subchapter, upon the furnishing of information and an application in such form and detail as he or she may prescribe and upon payment of a fee of ten dollars for such temporary license.
c. The annual license fee for a license or renewal thereof, other than for a license issued pursuant to section 20-464.1 of this subchapter, shall be two hundred dollars.
§21. Section 20-459 of the administrative code of the city of New York is amended by amending subdivision b and by adding a new subdivision c thereto to read as follows:
b. a license issued pursuant to this subchapter, other than a license issued pursuant to section 20-464.1 of this subchapter, shall be renewable by the licensee upon its expiration or within sixty days of its expiration provided the licensee meets all other requirements for renewal, provided that the license has not been revoked, and provided that the licensee has not committed violations which could be a basis for license revocation under any provision of this subchapter.
c. No more than two hundred fifty licenses and no fewer than one hundred twenty-five licenses shall be issued within the midtown east general vending zone, no more than one hundred fifty licenses and no fewer than seventy-five licenses shall be issued within the midtown west general vending zone, no more than one hundred fifty licenses and no fewer than seventy-five licenses shall be issued within the midtown south general vending zone, no more than one hundred fifty licenses and no fewer than seventy-five licenses shall be issued within the downtown general vending zone, no more than one hundred fifty licenses and no fewer than seventy-five licenses shall be issued within the westside general vending zone and no more than one hundred fifty licenses and no fewer than seventy-five licenses shall be issued within the eastside general vending zone. Furthermore, within any of such zones no more than two permits may be issued for any blockface, no more than two permits may be issued for any corner and no more than four permits may be issued for any intersection.
§22. Subchapter 27 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding thereto a new section 20-464.1 to read as follows:
§20-464.1 General vending zones. a. There shall be established within the borough of Manhattan the following general vending zones:
1. Midtown east general vending zone - The area bounded by and including the north side of 59th Street, the east side of Fifth Avenue, the north side of 42nd Street and the east side of Third Avenue, except that general vendors shall be prohibited from conducting a general vending business at all times on the following streets in addition to the restrictions set forth in subdivision l of this section: both sides of 57th Street from and including the east side of Third Avenue to and including the east side of Fifth Avenue and the north side of 42nd Street from and including the east side of Third Avenue to and including the east side of Fifth Avenue.
2. Midtown west general vending zone - The area bounded by and including the north side of 59th Street, the west side of Seventh Avenue, the north side of 42nd Street and the west side of Fifth Avenue, except that general vendors shall be prohibited from conducting a general vending business at all times on the following streets in addition to the restrictions set forth in subdivision l of this section: both sides of 57th Street from and including the west side of Fifth Avenue to and including the west side of Seventh Avenue and the north side of 42nd Street from and including the west side of Fifth Avenue to and including the west side of Seventh Avenue.
3. Midtown south general vending zone - The area bounded by and including, the south side of 42nd Street, the west side of Seventh Avenue, the south side of 34th Street and the east side of Third Avenue, except that general vendors shall be prohibited from vending at all times on the following streets: the south side of 42nd Street from and including the east side of Third Avenue to and including the west side of Seventh Avenue and both sides of 34th Street from and including the east side of Third Avenue to and including the west side of Seventh Avenue.
4. Downtown general vending zone - The area bounded by the north side of Chambers Street as extended to the Hudson River, the Hudson River, the south side of the Battery Park promenade, the East River, Dover Street and Frankfort Street.
5. Westside general vending zone - The area bounded by and including the east side of Central Park West, the south side of West 81st Street extended to the east side of Central Park West, the west side of Columbus Avenue, the north side of West 79th Street, the west side of Broadway to the south side of West 72nd Street, the west side of Amsterdam Avenue to West 70th Street as extended to Amsterdam Avenue, along West 70th Street to the east side of Amsterdam Avenue, the east side of Amsterdam Avenue to the north side of West 65th Street, West 65th Street to the east side of Central Park West and the east side of Central Park West to the extension of West 81st Street, except that general vendors shall be prohibited at all times from conducting general vending businesses on West 65th Street between Amsterdam Avenue and the east side of Central Park West.
6. Eastside general vending zone - The area bounded by the north side of East 86th Street as extended to the East River, the East River, the south side of East 79th Street and the west side of Fifth Avenue.
b. Within sixty days from the effective date of each paragraph of subdivision a of this section, the commissioner of transportation shall issue an invitation for bids in accordance with the rules of the procurement policy board for permits to operate general vending businesses within the general vending zones established by such paragraphs. The invitation for bids shall request bids for permits to operate a general vending business at each of the locations within such zones at which a general vending business may lawfully be operated upon such financial terms as the commissioner determines are reasonable, including minimum dollar amounts for bids. The solicitation for bids also shall provide that alternative locations shall be made available within each zone at which a successful bidder may conduct a general vending business in the event that the location for which a permit was issued pursuant to that solicitation for bids may no longer be lawfully used to conduct a general vending business while such permit is in effect. Only those persons who hold a permit or are entitled to a permit pursuant to the provisions of this subchapter may submit a bid pursuant to this subdivision. Any bidder may submit a bid for a permit for more than one location within a zone but no bidder may be issued a permit to operate a general vending business at more than one location within any zone. Notwithstanding any other provision of law, a permit issued for a location within a general vending zone shall be valid for a period of three years.
c. Bids shall be accepted in accordance with the rules of the procurement policy board and a successful bidder shall be issued a license by the commissioner to operate a general vending business at the location for which the bid was accepted, upon payment of twenty-five percent of the highest year’s bid and subject to all other requirements for issuance of a license pursuant to this subchapter being met. However, the commissioner of transportation shall not accept more than one bid to operate a general vending business at any location within a general vending zone.
§23. Subdivision g of section 20-465 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, is amended to read as follows:
g. No general vendor shall vend on any street which is in a C4, C5, or C6 zoning district, or in the area bounded on the east by Second Avenue, on the south by Thirtieth Street, on the west by Ninth Avenue and Columbus Avenue and on the north by Sixty-fifth Street, except that as chairperson of the street [vendor review panel] vending committee established pursuant to section 20-465.1 of this subchapter, the [commissioner of the department of business services or his ] chair of the committee or a designee may receive applications from any person, group, organization or other entity to permit general vendors on any street within said area or said zones, or to prohibit general vendors on any street. Such applications shall be considered by the street [vendor review panel] vending committee in accordance with the procedures [enumerated] set forth in section 20-465.1 of this subchapter.
§24. Section 20-465.1 of the administrative code of the city of New York, as added by local law number 14 for the year nineteen hundred ninety-five, is REPEALED and a new section 20-465.1 is added to read as follows:
§20-465.1 Street Vending Committee. (a) There is hereby established a street vending committee to be comprised of eleven members, five members appointed by the mayor, five members appointed by the council, and a chairperson who shall be selected jointly by the mayor and the speaker of the council. The members of the committee shall represent food vendors and their suppliers, general vendors and their suppliers, owners of real property, retail merchants, neighborhood organizations, consumers and public health professionals. The committee shall meet no less often than once each month and shall be responsible for examining all issues relating to the activities of food vendors and general vendors including, but not limited to, the appropriate number of each type of vendor, locations where vending businesses may be authorized to operate, the days and times when vending businesses may be authorized to operate, sanitary and public health issues, processes for the issuance and renewal of licenses and permits and enforcement and shall make recommendations to the council and the departments of health, consumer affairs and transportation concerning these matters.
(b) The street vending committee shall be responsible for receiving and reviewing any requests for prohibiting, restricting or authorizing street vending on specific streets or at specific locations and shall establish criteria for the evaluation of such requests in accordance with chapter forty-five of the charter. Within sixty days after receipt of such a request, the committee shall issue a recommendation to the department of transportation and to the department of health with respect to food vending and to the department of consumer affairs with respect to general vending. Where the committee recommends a prohibition or restriction on the operation of vending businesses on a specific streets or at a specific location, the departments of health and consumer affairs shall mail to each permitted vendor a copy of such recommendation. Within thirty days after the issuance of a recommendation, the mayor may submit to the council a request for passage of a local law consistent with such recommendation. In the event that the council does not pass such a local law within sixty days from the first stated meeting after receipt of such request, the request shall be deemed denied.
§25. Subdivision d of section 20-468 of the administrative code of the city of New York, as last amended by local law number 14 for the year nineteen hundred ninety-five, is amended to read as follows:
d. If a general vendor operates any general vending business on any street at any time where and when the operation of any general vending business is prohibited pursuant to the provisions of [section 20-465.1 of the] this code or any local law and any rules promulgated pursuant thereto [on any such street and at any such time as the street vendor review panel has determined to be regularly too congested by pedestrian or vehicular traffic to permit the operation of any general vendor business thereat without there being a serious and immediate threat to the health, safety and well-being of the public], any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of such general vendor’s goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and such goods may be subject to forfeiture upon notice and judicial determination. If a forfeiture hearing is not commenced, the owner or other person lawfully entitled to the possession of such vehicle, pushcart stand or goods may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand.
§26. Subdivision f of section 20-468 of the administrative code of the city of New York, as amended by local law number 14 for the year nineteen hundred ninety-five, is amended to read as follows:
f. If a general vendor who exclusively vends written matter conducts such business with the use of a vehicle, pushcart or stand, or using the surface of the sidewalk, or a blanket or board placed immediately on the sidewalk or on top of a trash receptacle or cardboard boxes to display merchandise, on any street and at any time where both (i) general vending is prohibited [pursuant to section 20-465.1 of this subchapter and any rules promulgated thereunder;] and (ii) food vending is prohibited [pursuant to section 20-465.1 of this subchapter and any rules promulgated hereunder or pursuant to subdivision 1 of section 17-315 of this code], any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of the general vendor’s goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety.
§27. Subdivision e of section 20-472 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, is amended to read as follows:
e. Any person who violates the provisions of [sections] section 20-465 [and 20-465.1] of this subchapter and any rules promulgated thereunder shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.
§28. Section 20-473 of the administrative code of the city of New York, as amended by local law number 15 for the year 1995, is amended to read as follows:
§20-473 Exemptions for general vendors who exclusively vend written matter. General vendors who exclusively vend written matter are exempt from the following provisions of this subchapter: sections 20-454, 20-455, 20-456, 20-457, 20-459, 20-461, 20-462, 20-463 and 20-464; subdivision g of section 20-465; subdivision j of section 20-465, except that nothing herein shall be construed to deprive the commissioner of the department of parks and recreation the authority to regulate the vending of written matter in a manner consistent with the purpose of the parks and the declared legislative intent of this subchapter; [section 20-465.1 and any rules promulgated thereunder,] except that on any street where both general vending is prohibited pursuant to [section 20-465.1 of] this subchapter or any local law and any rules promulgated thereunder and food vending is prohibited pursuant to [section 20-465.1 of] this subchapter or any local law and any rules promulgated thereunder [or], pursuant to subdivision l of section 17-315 of this code pursuant to section 17-315.1 of this code or pursuant to section 20-464.1 of this code, general vendors who exclusively written matter shall not be permitted to vend with the use of any vehicle, pushcart or stand; sections 20-466 and 20-467; subdivisions c and d of section 20-468; sections 20-469 and 20-470; and subdivision a, and paragraph one of subdivision c of section 20-472.
§29. This local law shall take effect immediately after its enactment into law, except that (a) paragraph 4 of subdivision a of section 17-315.1 of the administrative code of the city of New York, as added by section 16 of this local law, and paragraph 4 of subdivision a of section 20-464.1 of the administrative code of the city of New York, as added by section 22 of this local law, shall take effect nine months after their enactment into law and (b) paragraphs 5 and 6 of subdivision a of section 17-315.1 of the administrative code of the city of New York, as added by section 16 of this local law, and paragraphs 5 and 6 of subdivision a of section 20-464.1 of the administrative code of the city of New York, as added by section 22 of this local law, shall take effect eighteen months after their enactment into law.
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