Int. No. 1251
By Council Members Farías and Louis
A Local Law to amend the administrative code of the city of New York, in relation to issuing supervisory licenses to mobile food vendors
Be it enacted by the Council as follows:
Section 1. 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 18 for the year 2021, is amended to read as follows:
3. (a) (i) 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 100 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. Such permits shall be issued only to natural persons.
(ii) The department shall make available for application at least 45 supervisory licenses per twelve-month period for ten consecutive years beginning on July 1, 2022. Where the number of supervisory licenses issued in such twelve-month period is less than 45, the department may make additional supervisory licenses available for application such that the total number of licenses issued per twelve-month period beginning on July 1, 2022 is up to 45 and the cumulative total number of licenses issued by July 1, 2032 is up to 450. In addition to the 100 permits authorized to be issued by clause (i) of this subparagraph, and notwithstanding the provisions of paragraph two of this subdivision limiting the number of full-term permits authorized to be issued, the department shall make available for application to applicants who comply with the requirements for such supervisory licenses an additional 45 permits per twelve-month period for ten consecutive years beginning on July 1, 2022 and issue a permit to each applicant who complies with the requirements for such permit.
(iii) Supervisory licenses available pursuant to this paragraph shall be made available for application in accordance with the preferences specified in subparagraph (b) of this paragraph and the procedures established by the commissioner.
(iv) 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 and worker protection 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) This paragraph shall not apply to fresh fruits and vegetables permits.
§ 2. Paragraph 5 of subdivision b of section 17-307 of the administrative code of the city of New York, as added by local law number 18 for the year 2021, is amended to read as follows:
5. (a) On or after July 1, 2022 all new permits issued under this subchapter, except fresh fruits and vegetables permits, shall be designated for use only when any holder of a supervisory license is physically present and vending. Such requirement shall not apply to a permit issued before July 1, 2022 or a renewal thereof until July 1, 2032. On or after July 1, 2032, all permits issued under this subchapter, except fresh fruits and vegetables permits, shall be designated for use only when any holder of a supervisory license is physically present and vending.
(b) The commissioner shall make available for application at least 400 supervisory licenses per twelve-month period for ten consecutive years beginning on July 1, 2022. Where the number of supervisory licenses issued in such twelve-month period is less than 400, the department may make additional supervisory licenses available for application such that the total number of licenses issued per twelve-month period beginning on July 1, 2022 is up to 400 and the total cumulative number of licenses issued by July 1, 2032 is up to 4,000. Notwithstanding the provisions of this subdivision limiting the total number of full-term permits that are authorized to be issued, the commissioner shall make available a permit application to each license applicant who complies with the requirements for such supervisory license and issue a permit to each permit applicant who complies with the requirements for such permit. On or before July 1, 2032, the commissioner shall make available for application supervisory licenses to any person seeking to renew a permit that was issued under this subchapter before July 1, 2022.
(c) In accordance with procedures to be established by rules of the commissioner, in each twelve-month period, up to 100 of the supervisory licenses [made available for application] that may be issued under this paragraph shall be designated for use in any borough, and [the remaining] up to 300 such supervisory licenses that may be issued under this paragraph shall be designated for use in boroughs outside of Manhattan.
(d) Preferences shall be given in the availability of applications for supervisory licenses pursuant to this paragraph and in the placement on a waiting list therefor to the following categories of persons in the following order:
(i) Persons who have held a food vendor license continuously since on or before March 1, 2017 and have been on a waiting list for a full-term permit pursuant to subparagraph (e) of paragraph 2 of this subdivision and remain on such list as of the date an application is made available. Applications shall be made available to such persons by order of numerical rank on the waiting list.
(ii) Persons who have been on a waiting list for a full-term permit pursuant to this subchapter and remain on such list as of the date an application is made available but have not held a food vendor license continuously since on or before March 1, 2017. Applications shall be made available to such persons by order of numerical rank on the waiting list.
(iii) Persons who have held a food vendor license continuously since on or before March 1, 2017 but are were not on a waiting list for a full-term permit pursuant to this subchapter as of the effective date of the local law that added this paragraph.
(iv) Persons who have not held a food vendor license continuously since on or before March 1, 2017 and were not on a waiting list for a full-term permit pursuant to this subchapter as of the effective date of the local law that added this paragraph.
(e) The commissioner may by rule limit the number of places on such waiting list, but shall ensure that such waiting list is operative prior to supervisory licenses becoming available to new individuals.
§ 3. This local law takes effect immediately.
SS
LS #15896
4/7/25