Int. No. 49-A

By Council Members Menin, Stevens, Won, Rivera and Farías

A Local Law to amend the administrative code of the city of New York, in relation to vendor display and storage of goods, and to repeal sections 17-313 and 20-463 of such code, relating to bookkeeping requirements for vendors

Be it enacted by the Council as follows:

Section 1. Subdivision c of section 17-315 of the administrative code of the city of New York, as amended by local law number 39 for the year 2006, is amended to read as follows:

c. All items relating to the operation of a food vending business shall be kept in, on, or under the vending vehicle or pushcart[, except that samples of the non-perishable items sold may be displayed on the vending vehicle or pushcart]. No items relating to the operation of a food vending business other than an adjoining acceptable waste container shall be placed upon any public space adjacent to the vending vehicle or pushcart, and no food shall be sold except from an authorized vehicle or pushcart.

§ 2. Subdivision n of section 20-465 of the administrative code of the city of New York, as added by local law number 112 for the year 1989, is amended to read as follows:

n. No general vendor shall vend 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. No general vendor display may exceed five feet in height from ground level[. The display may not be less than twenty-four inches above the sidewalk where the display surface is parallel to the sidewalk, and may not be less than twelve inches above the sidewalk where the display surface is vertical. Where a rack or other display structure is placed on top of or above a table or other base, the size of the base shall not be less than the size of the display structure placed thereon. Nothing shall be placed on the base so as to exceed the size limitations contained in this section. No general vendor shall use any area other than that area immediately beneath the surface of the display space for the storage of items for sale], provided that a general vendor may use an umbrella that exceeds such height.

§ 3. Section 20-473 of the administrative code of the city of New York, as amended by chapter 11 of the laws of 2004, 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; paragraph [one] 1 of 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 of 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] and any rules promulgated thereunder and food vending is prohibited pursuant to section 20-465.1 [of this subchapter] and any rules promulgated thereunder or pursuant to subdivision 1 of section 17-315 [of this code], general vendors who exclusively vend 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] 1 of subdivision c of section 20-472.

§ 4. Section 17-313 of the administrative code of the city of New York is REPEALED.

§ 5. Section 20-463 of the administrative code of the city of New York is REPEALED.

§ 6. This local law takes effect immediately.

SS

LS #9487

2/20/24