File #: Int 1271-2023    Version: * Name: Banning the use of commercial char broilers on or in connection with mobile food vending units.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Environmental Protection, Resiliency and Waterfronts
On agenda: 12/6/2023
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to banning the use of commercial char broilers on or in connection with mobile food vending units
Sponsors: Sandra Ung
Council Member Sponsors: 1
Summary: This bill would prohibit the use of commercial char broilers at mobile food vending units. Vendors who are found using commercial char broilers would be subject to civil penalties of between $400 and $1,600. If a vendor commits a violation subsequent to a first violation, the Department of Environmental Protection may confiscate the char broiler with the opportunity for a post-seizure hearing.
Attachments: 1. Summary of Int. No. 1271, 2. Int. No. 1271, 3. December 6, 2023 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 12-6-23, 5. Minutes of the Stated Meeting - December 6, 2023

Int. No. 1271

 

By Council Member Ung

 

A Local Law to amend the administrative code of the city of New York, in relation to banning the use of commercial char broilers on or in connection with mobile food vending units

 

Be it enacted by the Council as follows:

 

Section 1. Subchapter 6 of chapter 1 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-149.7 to read as follows:

§ 24-149.7 Commercial charbroiling on or in connection with mobile food vending units. a. Prohibition. No person shall operate a commercial char broiler on or in connection with a mobile food vending unit.

b. Enforcement. 1. A person who violates subdivision a of this section or any rule promulgated thereunder is liable for civil penalties as prescribed by section 24-178 and any rules promulgated thereunder.

2. For a subsequent violation of subdivision a of this section committed after the date of a first violation of such subdivision, the commissioner may seize and impound the commercial char broiler. Where such char broiler cannot be detached from a mobile food vending unit, the commissioner may seize and hold the entire mobile food vending unit.

3. A party affected by a seizure pursuant to this subdivision is entitled to a hearing within 10 days after such seizure, in accordance with the rules of the board. Such a party may obtain an expedited hearing by submitting written notice to the board, in which case the board shall hold such expedited hearing within 24 hours of service of such request, in accordance with the rules of the board. The board shall issue a final decision and order thereon within 3 days after the conclusion of a hearing or expedited hearing held pursuant to this paragraph.

§ 2. The table of civil penalties in subparagraph (i) of paragraph (3) of subdivision (a) of section 24-178 of the administrative code of the city of New York is amended by adding a new row in numerical order to read as follows:

24-149.7

400

1600

 

§ 3. This local law takes effect 1 year after it becomes law.

 

NAW

LS #14241

11/6/2023 3:13 PM