Int. No. 343
By Council Members Weiner and DiBrienza
A Local Law to amend the administrative code of the city of New York, in relation to the regulation of vending and the repeal of subchapter 2 of chapter 3 of title 17 and subchapter 27 of chapter 2 of title 20 of such code.
Be it enacted by the Council as follows:
Section 1. Subchapter 27 of chapter 2 of title 20 of the administrative code of the city of New York is REPEALED.
§2. Paragraphs one and two of subdivision c of section 19-136 of the administrative code of the city of New York, section 19-136 as renumbered by local law number 104 for the year 1993, 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 commissioner pursuant to section [20-465.1] 19-136.1 of this [code] subchapter and any rules promulgated thereunder.
2. [As chairperson of the street vendor review panel established pursuant] Pursuant to section [20-465.1] 19-136.1 of this [code] subchapter, the commissioner [of the department of business services or his or her designee] may, after a public hearing, recommend that in specified 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 a recommendation, [such] the commissioner [or his or her designee] shall consider (a) whether such obstructions are intrinsic to the operation of 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] The commissioner may from time to time and after a public hearing review, modify or revoke such recommendations. A recommendation by the commissioner [or his or her designee] pursuant to this paragraph shall be effective upon the report of such recommendation to the council and the approval of such recommendation by the council pursuant to local law. Notice of any recommendation made by the commissioner [or his or her designee] shall be published in the City Record and mailed to each community board not less than thirty days prior to such commissioner's report to the council.
§3. The preface of paragraph four of subdivision c of section 19-136 of the administrative code of the city of New York, is amended to read as follows:
4. On the following streets where general vending has been prohibited by the [street vendor review panel] commissioner pursuant to section [20-465.1] 19-136.1 of this [code] subchapter and any rules promulgated thereunder, the provisions of paragraph one of this subdivision shall not apply:
§4. Subchapter 1 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding thereto a new section 19-136.1 to read as follows:
§19-136.1 Modifications of restrictions on vending. a. The commissioner shall promulgate, and may from time to time amend, rules prohibiting the operation of any general vending business or food vending business, as defined in section 22-801 of this code, or both, on any street at any time, after making a determination that such vending business would constitute a serious and immediate threat to the health, safety and well-being of the public on the ground that such street at such time is regularly too congested by pedestrian or vehicular traffic to permit the operation of such business. The determination of whether a street is regularly too congested by pedestrian or vehicular traffic to permit the operation of such business shall be based solely on specific objective and quantitative criteria that the commissioner shall establish by rule within one hundred twenty days of the effective date of this section. If the commissioner makes such a determination then no general vendor or food vendor shall vend on any such streets at any such times.
b. Requests for the promulgation or amendment of rules prohibiting the operation of any general vending business or food vending business, as defined in section 22-801 of this code, or both, on any street at any time, may be submitted to the commissioner. Within sixty days after the submission of such request, the commissioner shall initiate rulemaking concerning the subject of such request and shall publish such proposed rule for comment and public hearing. After consideration of the relevant comments presented, the commissioner may promulgate a final rule relating to such streets and such times in accordance with the criteria established pursuant to subdivision a of this section.
c. Copies of any rules promulgated pursuant to this section shall be mailed to each licensed general vendor or licensed food vendor by the department of transportation or the department of business services by regular mail at the last home address provided by the vendor to the department of business services and shall be annexed to each license or renewal issued to any general vendor or food vendor.
d. Nothing herein contained shall exempt any general vendor from the provisions of subdivision e of section 22-821 of this code.
§5. Subchapter 2 of chapter 3 of title 17 of the administrative code of the city of New York is REPEALED.
§6. Title 22 of the administrative code of the city of New York is amended by adding thereto a new chapter 8 to read as follows:
CHAPTER 8
STREET VENDING
§22-801 Definitions. For the purposes of this subchapter, the following words and terms shall have the following meanings:
a. "Blockfront". That portion of a sidewalk and the adjacent roadway on one side of a street which is between two points, each of which is ten feet from the corner of such street and its intersecting street, in conformity with the definition of corner quadrant as defined by subdivision e of this section.
b. "Commissary". A service room, catering establishment, restaurant or any other place in which food, containers or supplies are processed, prepared, handled, packed transferred or stored and directly from which food is distributed to a food vendor or from which any vehicle or pushcart offering food to the public in any public space in supplied.
c. "Commissioner". The commissioner of business services.
d. "Corner". The point where the property line on the nearest intersecting block face, when extended, meets the curb.
e. "Corner quadrant". The area from ten feet of either side of a corner.
f. "Department". The department of business services.
g. "Disabled person". Any person who has or had a physical or mental impairment that substantially limits one or more major life activities and has a record of such an impairment. For the purposes of this subdivision, "physical impairment" means a physiological disorder or condition, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; genitourinary; hemic and lymphatic; or skin and endocrine. It includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis. For the purposes of this subdivision, "mental impairment" means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. For the purposes of this subdivision, "major life activities" means functions such as walking, seeing, hearing and speaking. For the purposes of this subdivision, a record of such an impairment shall be established by a submission to the commissioner of either:
(a) A letter or certificate describing the physical or mental impairment of the applicant which must include the notarized signature of one of the following:
(i) A licensed physician, ophthalmologist, optometrist or psychologist; or
(ii) An authorized representative of a social agency that conducts programs for the disabled in cooperation with an official agency of the state and from which the applicant is receiving services such as, but not limited to, the state office of vocational rehabilitation; or
(b) A previous certification not more than one year old establishing the physical or mental impairment of the applicant such as, but not limited to, verification of an income tax exemption or social security benefits on the basis of physical or mental impairment.
h. "Disabled veteran". A veteran who is certified by the United States department of veterans' affairs as having a disability rated at ten per cent or more which was incurred by such person during active service in the armed forces of the United States and which disability is in existence at the time of application for a permit under this subchapter.
i. "Distributor". Any person or organization engaged in the sale, consignment, or distribution of food or goods for sale or resale by a vendor. This shall not include an owner of food or goods who personally operates a motor vehicle to transport such food or goods exclusively to and from a location from which the owner will personally sell such foods or goods in compliance with all applicable laws.
j. "Food". Any raw, cooked or processed edible substances, beverages, ingredients, ice or water used or intended for use or for sale in whole or in part for human consumption.
k. "Food vendor". A person who hawks, peddles, sells or offers food for sale at retail in any public space.
l. "Food vending business". The business of selling or offering food for sale at retail in a public space engaged in by a food vendor.
m. "General vendor". A person who hawks, peddles, sells, leases or offers to sell or lease, at retail, goods or services in public space. This definition shall not include a food or special vendor, or a person required to be licensed under section 20-229 of this code.
n. "General vending business". The business of selling, leasing or offering to sell or lease at retail, goods or services other than food or special material, engaged in by a general vendor in any public space.
o. "Honorable discharge". Any type of discharge or release from the armed forces of the United States other than a dishonorable discharge.
p. "Person". A natural person, partnership, corporation or other association.
q. "Public space". All publicly owned property between the property lines on a street as such property lines are shown on the city map including, but not limited to, a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharves, stadiums and terminals.
r. "Pushcart". Any wheeled vehicle or device used by a vendor in a public space, other than a motor vehicle or trailer, which may be moved with or without the assistance of a motor and which does not require registration by the department of motor vehicles.
s. "Stand". A movable, portable or collapsible structure, framework, device, container or other contrivance, other than a vehicle or pushcart, used by a vendor in a public space for the purpose of displaying, keeping or storing any merchandise or article required by him or her while acting as such vendor.
t. "Unemancipated child". Any son, daughter, stepson or stepdaughter who is under the age of eighteen, unmarried and living in the same household.
u. "Vehicle". A motor vehicle or trailer, as defined in the vehicle and traffic law.
v. "Vend". To hawk, peddle, sell, lease, offer to sell or lease, at retail, goods or services including food or special material in a public space, delivered immediately upon completion of purchase.
w. "Vendor". A person who vends.
x. "Veteran". Any person who was in active service in the armed forces of the United States and was honorably discharged from such service.
§22-802 License required. It shall be unlawful for any individual selling food or general merchandise to act as a vendor or distributor without having first obtained a license in accordance with the provisions of this chapter.
§22-803 Vendor license term; renewal; fees. a. All licenses issued pursuant to this chapter shall be valid for two years unless sooner suspended or revoked. The commissioner shall establish by regulation the expiration date of such licenses.
b. A license shall be renewable by the licensee providing that the licensee meets all requirements for renewal, the license has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license revocation or suspension.
c. The two year fee for a vendor license or a renewal thereof shall be one hundred dollars, which fee shall be in addition to any fees required pursuant to the New York City health code or the New York State sanitary code.
d. The fee for issuing a duplicate license when the original has been lost, destroyed or mutilated shall be twenty-five dollars.
e. A person holding a license pursuant to the provisions of article four of the general business law shall be exempt form the payment of fees set forth in this section.
f. All person applying for a food vendors license must attend a three hour food protection course.
§22-804 Vendor license applications. a. Each person applying for a license or renewal thereof shall file an application in such form and detail as the commissioner may prescribe and, unless exempted by article four of the general business law, shall pay the fee required by this chapter.
b. In addition to any other information required, the commissioner shall require the following information:
1. The name and home address of the applicant and the name and address of the owner, if other than the applicant, of any vehicle, pushcart, stand, food or goods to be used in the vending business.
2. A description of the type of food, goods or services to be vended or displayed and a description of any vehicle, pushcart of stand to be used in the vending business.
3. Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application.
4. Proof that that applicant has obtained a certificate of authority to collect sales taxes pursuant to section eleven hundred thirty-four of the tax law and has a tax clearance certificate from the state tax commission of the state of New York.
5. An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served.
6. If the applicant is not a citizen of the United States, proof that such applicant is either a permanent resident, alien or an alien permitted by law to work in the United States.
7. Upon the approval of an application the commissioner shall issue a license to the applicant. Such license shall contain the name and address of the licensee, his or her license number and a non-removable photograph of such licensee.
§22-805 Food distributor license required. a. It shall be unlawful for any individual to transport potentially hazardous foods such as meats, chicken or dairy products by means of a motor vehicle, as defined in the vehicle and traffic law, to a public space for sale or other transfer to a vendor, without having first obtained a food distributor license in accordance with the provisions of this chapter.
b. Where the distributor does not personally drive the vehicle, he or she shall cause the driver to carry proof of the distributor license, which the driver shall furnish upon demand to any officer or agent empowered to enforce the law. No distributor shall permit any driver he or she employs to engage in, on the distributor's behalf, any of the activities for which a distributor's license is required unless such driver complies with all rules promulgated pursuant to this chapter.
§22-806 Food distributor license term; renewal; fees. a. All food distributor licenses issued pursuant to section 22-805 of this chapter shall be valid for one year unless sooner suspended or revoked. The commissioner shall establish by rule the expiration date of such licenses.
b. A food distributor license shall be renewable by the licensee providing that the licensee meets all requirements for renewal, the license has not been revoked or suspended, found guilty after appeal, and the licensee has not committed a violation or violations which could be a basis for license revocation or suspension.
c. The annual fee for a food distributor license or a renewal thereof shall be one hundred dollars.
d. The fee for issuing a duplicate distributor license when the original has been lost, destroyed or mutilated shall be twenty-five dollars.
§22-807 Food distributor license applications. a. Each person applying for a food distributor license, or renewal thereof, shall file an application in such form and detail as the commissioner may prescribe and shall pay the license fee required by this section.
b. In addition to any other information required, the commissioner shall require the following information:
1. The name and home and business address of the applicant;
2. The name and home and business address of the owner, if other than the applicant, of the food to be delivered.
3. A description of the type of food to be delivered;
4. Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application;
5. Proof that the applicant has obtained from the state tax commission of the state of New York a certificate of authority designating the applicant's sales tax identification number;
6. An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served;
7. If an applicant is not a citizen of the United States, proof that such applicant is either a permanent resident, alien or an alien permitted by law to work in the United States.
8. Upon approval of an application the commissioner shall issue a distributor license to the applicant. Such license shall contain the name and address of the licensee, his or her license number and a non-removable photograph of such licensee.
§22-808 Food delivery vehicle identification required. a. No person shall engage in any activity for which a food distributor license is required unless the motor vehicle used therefore is identified in the manner prescribed by law or rule.
b. Any vehicle used by a food distributor to transport potentially hazardous food to a vendor must be visually identified by a sign conspicuously displayed on the side of the vehicle. The following information shall be clearly and legibly displayed on such sign: the licensee's name, address and business telephone number; the words "Food Vending Distributor"; and the department's telephone complaint number. The letters and numerals of such display shall not be less than one and one-half inches in height, with a width of at least one-quarter of an inch, and shall be colored, black or white, whichever is most prominent against the background color.
c. Signs used to identify delivery vehicles may be removable, but must be securely fastened whenever the vehicle is used to deliver or remove goods to or from a vendor. The sign must remain securely attached throughout the time it takes to load or unload the food or goods.
§22-809 Permit required for vending and operation. a. It shall be unlawful to vend from any vehicle, pushcart or stand in a public space without having first obtained a permit for such vehicle, pushcart or stand in accordance with the provisions of this chapter.
b. It shall be unlawful for any person to operate a commissary, or place of food distribution, or a place wherein five or more pushcarts used to vend food, or more than one vehicle used to vend food are stored, without first obtaining a commissary or depot permit.
c. No vendor shall vend from other than a vehicle, pushcart or stand.
§22-810 Pushcart and stand standards; designs. a. The commissioner, in consultation with the art commission, the health department and a representative from the vending industry, shall adopt generic designs and establish standards relating to the size and configuration of pushcarts and stands. A unanimous vote from the commissioner, the art commission, the health department and the vendor representative must be obtained to replace any previously existing standard or design, or establish a design and standards where there is none. Unless or until any new standard or design is unanimously adopted there shall be no such standard or design designated. Any new design and standards shall be published in the City Record and a copy shall be sent to each licensed vendor.
b. No vendor shall vend from any pushcart or stand which does not comply with the standards established by the commissioner, except that a vendor who is licensed on the date that a new design or standard is published in the City Record shall have two years from the date of publication within which to comply with that new design or standard.
c. Any vendor who is unable to comply with the standards or designs adopted for a pushcart or stand shall be granted a waiver by the commissioner upon the presentation and approval of sufficient evidence of hardship in a formal complaint. Such complaint must be answered by the commissioner within two weeks of its being filed.
§22-811 Permit term; renewal; fees. a. All permits issued pursuant to this chapter shall be valid for two years unless sooner suspended or revoked. The commissioner shall establish by regulation the expiration date of such permits.
b. A permit shall be renewable by the permittee provided that the permittee meets all requirements for renewal, the permit has not been revoked or suspended and the permit has not committed a violation or violations which could be a basis for permit revocation or suspension.
c. The two year fee for all permit or renewal thereof for a vehicle, pushcart or stand utilized by a vendor shall be one hundred dollars.
d. The fee for issuing a duplicate permit when the original has been lost, destroyed or mutilated shall be twenty-five dollars.
e. A person holding a permit pursuant to the provisions of article four of the general business law shall be exempt from the payment of fees set forth in this section.
f. The fees provided for herein shall be in addition to any fees required pursuant to the New York City health code or the New York State sanitary code.
§22-812 Permit applications. a. All applications for a permit shall be in such form and detail as the commissioner may prescribe and, unless exempted by article four of the general business law, shall be accompanied by the fee required by this chapter. A permit application will be accepted only from a licensed vendor.
b. In addition to any other information required, the commissioner shall require the following information:
1. The name, home and business address of the applicant and the name, home address and license number of every vendor who will be authorized to operate such applicant's vehicle, pushcart or stand and the legal relationship, such as that of lessor and lessee, between such applicant and such vendor.
2. A description of the food, goods or services to be vended or displayed and a description of the vehicle, pushcart or stand to be used in the vending business.
3. Proof that the applicant has obtained a certificate of authority to collect sales taxes pursuant to section eleven hundred thirty-four of the tax law and has a tax clearance certificate from the state tax commission of the state of New York.
4. Whether such applicant is an individual, partnership or other association, or a corporation or limited liability company, and if such applicant is an individual applying for a permit to vend food from a vehicle, pushcart or stand in a public place, whether any of such applicant's unemancipated children hold such permits; if a partnership, limited liability company or other association, the name and address of each partner, member, officer or manager of such entity; if a corporation, the names and addresses of the officers, directors and all shareholders.
5. An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served.
6. If the applicant is not a citizen of the United States, proof that such person is a permanent resident alien.
7. Proof that the applicant has obtained the appropriate seal of approval from a weights and measures official for his or her weighing or measuring device or system as required under section one hundred eighty-three of the agriculture and markets law, if applicable.
8. Upon approval of an application the commissioner shall issue a permit and plate to the applicant for such vehicle, pushcart or stand. Such permit shall contain the name and address of the permittee. Such plate shall contain the name of the permittee, his or her permit number, a description of the food goods or services to be vended from such vehicle, pushcart or stand and the department's telephone complaint number.
§22-813 License or permit renewal. a. An application for the renewal of a license or permit shall be filed with the appropriate fee for such renewal, unless exempted by article four of the general business law, with a tax clearance certificate issued by the state tax commission of the state of New York, and with a tax clearance certificate issued by the commissioner of finance of the city of New York, in such form and containing such information as the commissioner shall require, indicating payment of all applicable taxes imposed by title eleven of this code and administered by the commissioner of the finance, at least thirty days prior to the expiration of the existing license or permit. The commissioner of finance shall charge and collect a fee of ten dollars for issuing a tax clearance certificate.
b. No licensee or permittee shall be granted a renewal of a license or permit unless the licensee or permittee is in compliance with the rules and regulations promulgated by the commissioner of finance pursuant to subdivision c of this section; provided, however, that the commissioner may excuse such failure which results from illness or disability.
c. The renewal of a permit pursuant to this chapter shall be subject to the permittee presenting a vehicle, pushcart or stand for inspection by the department, and the department of health in the case of a vehicle or pushcart used to vend food, and passing such inspection. Inspections shall be required every two years.
§22-814 New licenses; existing licenses. a. The number of general vendor licenses in effect pursuant to this code on the first day of September, nineteen hundred seventy-nine shall be the maximum number of general vendor licenses permitted to be in effect.
b. A license issue pursuant to this chapter shall be renewable by the licensee upon its expiration or within sixty days of its expiration providing that the licensee meets all other requirements for renewal, providing that the license has not been revoked, found guilty after appeal, and the licensee has not committed violations which could be a basis for license revocation under any provision of this subchapter.
§22-815 New permits; existing permits. a. The number of food vendor permits shall be as provided in section 22-816 of this chapter.
b. The commissioner may establish by rule a limit on the number of general vendor permits.
§22-816 Limits on new and existing food vendor permits. a. 1. (a) On and after the thirtieth day of July, nineteen hundred eighty-three, no new full-term food vendor permits shall be issued until the number of such permits which are in effect is less than three thousand. Notwithstanding the limitations on the issuance of new full-term food vendor permits, a food vendor permit issued prior to the thirtieth day of July, nineteen hundred eighty-three shall be renewable by the permittee to whom the permit was issued and provided that all other requirements for renewal under the provisions of this chapter and any rules promulgated pursuant thereto are complied with. No individual, partnership, limited liability partnership, limited liability company or corporation; or any group of such entities with a common partner, member, shareholder, director or officer shall be allowed to renew more than two hundred permits. No permits originally issued prior to the thirtieth day of July, nineteen hundred eighty-three shall be reissued to any entities unable to provide evidence the permits themselves were not leased. No entity may hold multiple permits without becoming a manufacturer or distributor of food.
b. (i) On and after the fifteenth day of March, nineteen hundred ninety-five, without increasing the number of full-term food vendor permits which may be in effect in accordance with subparagraph (a) of this paragraph, two hundred full-term food vendor permits shall be designed for use exclusively in specified boroughs as follows:
(A) Fifty of such full-term food vendor permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough the Bronx where food vendors are not prohibited from vending;
(B) Fifty of such full-term food vendor 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 food vendor 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.
(D) Fifty of such full-term food vendor 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 food vendor 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 first day of January, nineteen hundred ninety-five, full-term food vendor permits shall be issued only to persons who at the time of application for a food vendor 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.
(d) The issuance or renewal of a full-term food vendor permit pursuant to this chapter 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 of health and within six month after such certification, passing such inspection.
(e) The commissioner shall establish a separate waiting list for the issuance of full-term food vendor permits pursuant to this chapter 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 on such waiting list.
2. (a) Notwithstanding the provisions of paragraph one of this subdivision limiting the number of full-term food vendor permits that are authorized to be issued, the commissioner may issue up to a maximum of one hundred additional full-term food vendor 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 food vendor permits shall be issued only to natural person who at the time of application for a permit hereunder are not holders of a full-term food vendor 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 food vendor permit. Such food vendor 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 food vendor permit pursuant to this paragraph shall be subject to the permittee within three months after the certification of a complete application therefore presenting a pushcart or vehicle for inspection by the department of health 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 food vendor permits pursuant to this paragraph and in the placement on such waiting list to the following categories of persons in the following order:
(i) Disabled veterans.
(ii) Disabled persons.
(iii) Veterans.
b. On or after the thirty-first day of October, nineteen hundred ninety-eight all temporary permits shall be considered full-term permits eliminating the designation temporary permits. All previous holders of temporary permits as of the thirty-first day of October, nineteen hundred ninety-eight shall be allowed to apply for that number of full-term permits which equals but does not exceed the number of temporary permits those temporary permit holders held.
§22-817 Display of License or plate. a. The vendor's license shall be worn conspicuously by him or her at all times while he or she is operating as a vendor.
b. The permit plate shall be firmly affixed to the vending vehicle, pushcart or stand in a conspicuous place.
§22-818 Notification of change. The commissioner shall be notified of any change in the information provided on an application for a license or permit within ten days of such change.
§22-819 Bookkeeping requirements. Each vendor shall keep such written records as the commissioner may prescribe of all daily gross sales, purchases and expenses and receipts therefor and shall make such available for inspection by an authorized officer or employee of any city agency.
§22-820 Duties of licensees and permittees. Each person issued a vendor license or a permit to vend from a vehicle, pushcart or stand in a public place shall:
a. Maintain his or her vehicle, pushcart or stand in good, clean, workable and defect free condition.
b. Permit regular inspections by the department of any vehicle, pushcart or stand used in the operation of his or her business, any premises under his or her control in which food, goods or services intended to be sold or offered for sale by him or her as a vendor are prepared, processed, unpacked or stored and present such vehicle, pushcart or stand for inspection at such place and time as may be designated by the department.
c. Provide to the commissioner or any other authorized officer or employee of the city requesting such information, on a semi-annual basis, or more often if required by regulation promulgated by the commissioner, the addresses and names of the owners of such service rooms, commissaries or the manufacturers, suppliers or distributors from whom such licensee receives his or her food or goods and also the address at which such vendor stores his or her food or goods or any vehicle, pushcart or stand used in the operation of the vending business.
d. Not use or permit anyone else to use a vending vehicle, pushcart or stand for vending any foods, goods or services other than those licensed as a vendors by the commissioner.
e. A food vendor while acting as such shall only vend items which the commissioner, after consultation with the commissioner of health or board of health, has authorized or otherwise approved.
f. Surrender his or her license, permit and plate promptly to the commissioner upon revocation, suspension, termination or expiration of his or her license or permit.
§22-821 Restrictions on vending in certain areas. a. Vendors shall be prohibited from vending on the following streets:
BOROUGH OF MANHATTAN
Third Avenue: East 40th to East 57th Street, Monday through Friday, 8 am to 6 pm; East 58th to East 60th Street, Monday through Saturday, 8 am to 9 pm; Lexington Avenue: East 40th to East 57th Street, Monday through Saturday, 8 am to 7 pm; East 58th to East 60th Street, Monday through Saturday, 8 am to 9 pm; East 61st to East 69th Street, Monday through Saturday, 8 am to 6 pm; Park Avenue: East 34th to East 42nd Street, Monday through Friday, 8 am to 7 pm; East 55th to East 59th Street, Monday through Friday, 10 am to 7 pm; Vanderbuilt Avenue: East 42nd to East 45th Street, Monday through Friday, 8 am to 7 pm; Madison Avenue: East 34th to East 45th Street, Monday through Friday, 8 am to 6 pm; East 46th to East 59th Street, Monday through Saturday, 10 am to 7 pm; Fifth Avenue: 32nd to 59th Street, Monday through Saturday, 8 am to 7 pm; Avenue of the Americas: West 32nd to West 59th Street, Monday through Saturday, 8 am to 7 pm; Broadway: West 32nd to West 52nd Street, Everyday, 8 am to 8 pm; Seventh Avenue: West 33rd to West 34th Street, Monday through Saturday, 8 am to 6 pm; West 35th to West 45th Street, Monday through Saturday, 8 am to midnight; West 46th 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 Thirty-fourth 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 Avenues, 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 Avenues, 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 Avenues, 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 Avenues, 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 Avenues, 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 Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm.
b. Only vendors operating vehicles (trucks) shall be allowed to vend in a residential district where commercial use is not permitted on the ground floor by the provisions of the zoning resolution of the city of New York.
c. No more than two vendors may vend within the first forty feet from any corner pursuant to the provisions of subdivision d of this section at any intersection formed by a street listed in subdivision a of this section with a street not so listed no matter the number of blockfronts abutting such intersection.
d. No vendor shall vend within the geographic areas under the jurisdiction of the department of parks and recreation unless written authorization therefor has been obtained from the commissioner of such department, but nothing therein contained shall exempt any vendor from obtaining a license in accordance with this chapter.
e. No general vendor shall vend on any street which is in a C4, C5 or C6 zoning district, or in the area bounded 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 the commissioner of transportation 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 other street. Such applications shall be considered by the commissioner in accordance with the procedures set forth in section 19-136.1 of this code.
§22-822 Restrictions on the placement of vehicles, pushcarts and stands. a. No vendor shall engage in any vending business on or adjacent to any sidewalk unless such sidewalk has at least a twelve foot wide clear pedestrian path to be measured form the boundary of any private property to any obstructions in or on the sidewalk, or if there are no obstructions, to the curb. In no event shall any pushcart or stand be placed on any part of a sidewalk other than that which abuts the curb. Such measurement shall be taken without counting the pushcart or stand as an obstruction.
b. No vendor shall occupy more than ten linear feet of public space on any sidewalk parallel to the curb in the operation of a vending business and, in addition, no vendor operating any vending business on any sidewalk shall occupy more than four and one half linear feet to be measured from the curb toward the property line.
c. No vending vehicle, pushcart, stand, or other item related to the operation of a vending business shall touch, lean against or be affixed permanently or temporarily to in any building or structure including but not limited to, lamp posts, parking meters, mail boxes, traffic signal stanchions, fire hydrants, tree boxes, benches, bus shelters, refuse baskets or traffic barriers.
d. No vending vehicle, pushcart, stand, or other item related to the operation of a vending business shall touch, lean against or be affixed permanently or temporarily to any ventilation or other grill, manhole, access plate or subway access grate, except for a pushcart having its underside open to free air circulation provided no items are kept under the pushcart.
e. All food, goods or other items related to the operation of a vending business shall be kept in or under the vending vehicle, pushcart or stand. No such food, goods or items other than an adjoining acceptable waste container shall be placed upon any public space adjacent to the vending vehicle, pushcart or stand.
f. No vending pushcart, stand or goods shall be located against display windows of fixed location businesses.
g. No vending pushcart, stand or goods shall be located within five feet, measured parallel to the curb, of a doorway except where the department determines this cannot reasonably be met, without written permission from the abutting property owner.
h. No vendor shall vend within the operational sidewalk space of any bus stop or taxi stand, or within ten feet of any subway entrance or exit, or any corner. For purposes of this subdivision, within the operational sidewalk space of any bus stop shall be measured from the forward edge of whichever is further forward, a sign or a shelter designating the stop, in the direction toward the back of a bus, as one bus length for each bus line serving a given bus stop during the hours the line serves the stop. For purposes of this subdivision, within the operational sidewalk space of any taxi stand shall be measured from the forward edge of whichever is further forward, a sign or a shelter designating the stand, in the direction toward the back of a taxi for one taxi length during the hours the taxi stand is in service.
i. Each vendor who vends from a vehicle, pushcart or stand in the roadway shall obey all traffic and parking laws, rules and regulations as now exist or as may be promulgated, but in no case shall a vendor vend so as to restrict the continued maintenance of a clear passageway for vehicles.
j. No vendor shall vend on the median strip of a divided roadway unless such strip is intended for use as a pedestrian mall or plaza.
k. Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency gives notice to a vendor to temporarily move from any location such vendor shall not vend from such location. For the purposes of this subdivision, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space, an accident, fire or other emergency situation, a parade, demonstration or other such event or occurrence at or near such location.
l. No general vendor shall sell or offer for sale any item directly from any parked or double parked motor vehicle.
§22-823 Transferability. a. No license, permit or plate issued under this chapter shall be sold, lent, leased or in any manner transferred or assigned unless prior approval of the commissioner has been obtained.
§22-824 Issuance, renewal, suspension and revocation of licenses and permits.
a. The commissioner may refuse to issue or renew a license or permit to vend in a public place, and may, after due notice and any opportunity to be heard, in additional to any other penalties provided herein, refuse to renew, suspend or revoke a license or permit to vend in a public place, upon the occurrence of any one or more of the following conditions:
1. the applicant, licensee, permittee, or any officer, director shareholder, member, manager or employee of the applicant or permittee has made a material false statement or concealed a material fact in connection with an application for a license or a permit to vend in a public place; or the sale of any item of food or any good or service.
2. the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been convicted of any offense which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license or permit is required under this subchapter or has been convicted of any other offense which, in accordance with article twenty-three-A of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license or permit.
b. The commissioner, for good cause, may, prior to giving notice and an opportunity to be heard, suspend a license or permit issued pursuant to this chapter for a period of up to ten days. Notice of such suspension shall be served on the licensee or permittee. The commissioner shall provide the licensee or permittee with the opportunity for a hearing within ten days after the notification of suspension, after which the commission shall forthwith make a determination as to whether such suspension should continue and the length of such suspension, and in addition may impose any penalty or sanction authorized by this chapter or any rules promulgated pursuant thereto.
c. Fraud, misrepresentation, or false statements made in connection with the selling or leasing of any food, goods or services;
d. Conviction of possessing or selling stolen property pursuant to sections 165.40 or 165.50 of the penal law.
e. Violation of chapter one or subchapter one of the chapter five of title twenty of this code or the rules promulgated pursuant thereto; provided, however, that in the event of a conflict between the provisions of such chapter or subchapter and the provisions of this chapter, the provisions of this chapter shall prevail.
§22-825 Hearings. Unless otherwise specifically provided, notice and hearings upon denial of an application or the suspension or revocation of a license or permit shall be in accordance with the procedures and rules established by the office of administrative trials and hearings.
§22-826 Enforcement. a. Authorized officers or employees of the department, public health sanitarians or other authorized officers or employees of the department of health, and police officers shall have the power to enforce all laws, rules and regulations relating to vendors. This provision shall in no way restrict any other power granted by law to any officer or employee of the city.
b. If a vendor does not move his or her food, goods, vehicle, pushcart or stand when directed to do so by a police officer or employee of the city such officer or employee is authorized to provide for the removal of such food, goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand food or goods may be charged with reasonable costs for removal and storage payable prior to the release of such food, goods, vehicle, pushcart or stand.
c. Any police officer may seize any vehicle pushcart or stand or other such device used by an unlicensed vendor including a vehicle, pushcart, or other such device used to transport food or goods sold, given or otherwise transferred to an unlicensed vendor and may seize any food or goods which are being sold by an unlicensed vendor and such vehicle, pushcart, stand, food or goods or other device shall be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to the possession of such food, goods, vehicle, pushcart, or stand or other device may be charged with the reasonable cost for removal and storage payable prior to the release of such food, goods, vehicle pushcart, or stand or other device, unless the charge of unlicensed vending has been dismissed.
d. An officer or employee designated in subdivision a of this section may seize any vehicle, pushcart or stand which:
(i) does not have a permit or
(ii) is being used to vend on property owned by the city and under the jurisdiction of a city agency including, but not limited to, the department or the department of parks and recreation, without the written authorization of the commissioner or such department; or
(iii) is being used by an unlicensed vendor, and may seize any food or goods sold or offered for sale from such vehicle, pushcart or stand. Such vehicle, pushcart, stand goods or food shall be subject to forfeiture as provided in section 22-822 of this chapter. If a forfeiture proceeding is not commenced, the vendor may be charged with the reasonable costs for removal and storage payable prior to the release of such food, goods, vehicle, pushcart or stand unless the charge of vending without a permit or vending without a license or vending without the authorization of such commissioner is dismissed.
e. If a vendor operates any vending business at any location where the operation of any vending business is prohibited pursuant to the provisions of this chapter or section 19-136.1 of this code and any rules promulgated pursuant thereto, any authorized officer or employee of the city or member of the New York City police department is authorized to provide for the removal of such vendor's food, goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand, food or goods may be charged with reasonable costs for removal and storage.
f. Any police officer may seize any vehicle, pushcart, stand, food or goods of a vendor operating any vending business in violation of section 22-822 of this chapter. The owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand, food or goods may be charged with reasonable costs for removal and storage payable prior to the release of such vehicle, pushcart, stand, food or goods, unless the violation has been dismissed.
g. In addition, any police officer may seize any vehicle used to transport potentially hazardous food to a vendor, along with the food or goods contained therein, where the driver is required to but cannot produce evidence of a food distributor's license. Any vehicle, food or goods so seized may be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to possession of such vehicle, food or goods may be charged with the reasonable cost for removal and storage payable prior to the release of such vehicle, food or goods unless the charge of unlicensed distributing has been dismissed.
§22-827 Forfeitures. a. In addition to any penalties imposed pursuant to subdivision a of section 22-829 of this chapter upon any person found guilty of violating section 22-802, 22-805 or 22-809 of this subchapter, all property seized pursuant to this chapter shall be subject to forfeiture upon notice and judicial determination. Notice of the institution of the forfeiture proceeding shall be in accordance with the provisions of the civil practice law and rules.
b. The police department having custody of the seized property, after judicial determination of forfeiture shall, upon a public notice of at least five days, sell such forfeited property at public sale. The net proceeds of such sale shall be paid into the general fund of the city. In the alternative, any such property may be used or converted to use for the purpose of any city, state or federal agency, or for charitable purposes, upon consultation with the human resources administration and other appropriate city agencies, and the police commissioner shall report annually to the city council on the distribution of such property.
§22-828 Seizure of perishable food. In the event that a seizure made pursuant to this chapter shall include any perishable item of food which cannot be retained in custody without such item becoming unwholesome, putrid, decomposed or unfit in any way, the commissioner may order such item destroyed or otherwise disposed of provided, however, that written notice of such destruction or other disposition setting forth an itemized description of the property, the reason for its destruction or other disposition, and the date when it was destroyed or otherwise disposed of be mailed to the food vendor from whom it was seized within twenty-four hours after such disposition. A copy of such notice shall be kept on file by the department for a period of one year.
§22-829 Penalties. a. Any person who violates the provisions of sections 22-802, 22-805 or 22-809 of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than one thousands dollars, or by imprisonment for not more than three months or by both such fine and imprisonment.
b. Except as provided in subdivision in a of this section, a person who violates any provision of this chapter or any of the rules promulgated hereunder shall be guilty of an offense punishable by the court as follows:
1. For a first violation, a fine of not less than twenty-five dollars nor more than fifty dollars.
2. For a second violation within a period of one year of the date of the first violation, a fine of not less than fifty dollars nor more than one hundred dollars.
3. For a third violation within a period of two years of the date of a first violation, a fine of not less than one hundred dollars nor more than two hundred fifty dollars.
4. For any subsequent violations within a period of two years of the date of a first violation, a fine of not less than two hundred dollars nor more than one thousand dollars.
c. 1. In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of sections 22-802, 22-805 or 22-809 of this chapter shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars together with a penalty of two hundred fifty dollars per day for every day during which the unlicensed business operated.
2. In addition to the penalties prescribed by subdivision b of this section, any person who violates any provision of this chapter, other than section 22-802, 22-805 or 22-809, or any rules promulgated hereunder, shall be liable for a civil penalty as follows:
(a) For a first violation, a penalty of not less than twenty-five dollars nor more than fifty dollars.
(b) For a second violation within a period of one year of the date of a first violation, a penalty of not less than fifty dollars nor more than one hundred dollars.
(c) For a third violation within a period of two years of the date of a first violation, a penalty of not less than one hundred dollars nor more than two hundred fifty dollars.
(d) For any subsequent violations within a period of two years of the date of a first violation, a penalty of not less than two hundred dollars nor more than one thousand dollars.
d. A proceeding to recover any civil penalty authorized pursuant to the provisions of this chapter shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board. The board shall have the power to impose the penalties prescribed by subdivision c of this section.
e. Any person who violates the provisions of section 22-821 or 22-822 of this chapter and any rules promulgated thereunder shall be punishable by a fine of not more than five hundred dollars.
§22-830 Rules. The commissioner shall make such rules as are deemed necessary for the proper implementation and enforcement of this chapter.
§22-831 Exemptions. The commissioner may promulgate rules exempting any not-for-profit organization including, but not limited to, a government agency, charitable, educational, religious or other such organization from compliance with any of the provisions of this chapter.
§7. If any part of this local law shall be found invalid by any court, that part shall be separable and the rest of the law shall remain in effect.
§8. This local law shall take effect immediately upon its enactment into law.
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