Int. No. 621

By Council Members Reed, Liu and Martinez

A Local Law to amend the administrative code of the city of New York, in relation to vendors.

Be it enacted by the Council as follows:

Section One.  Legislative declaration.  There presently exists a varying array of regulations, laws and judicial decisions governing street vending in the city of New York.  This scheme has helped to create diverse directives governing disabled veterans, non-disabled veterans, artists, crafts people, booksellers and food merchants.  Consequently, vendors have a different legal status and each is subject to varying parameters. 

This complex scheme has resulted in nearly impractical enforcement, as agents are faced with the arduous task of unraveling a complex net of restrictions affecting the thousands of various vendors operating on the City streets.  Accordingly, the Council finds it necessary to develop and promulgate an inclusive regulatory framework for vendors.

§ 2.  Subchapter 27 of chapter 2 of title 20 of the administrative code of the city of

New York is hereby repealed and replaced by the following:

SUBCHAPTER 27

NON-FOOD VENDORS

§ 20-452. Definitions.

§ 20-453. License Required.

§ 20-454. Terms and fees.

§ 20-455. Applications.

§ 20-456. Domestic Partners.
§ 20-457. License Approval and Denial.

§ 20-458. License Renewal.

§ 20-459. Exemptions.

§ 20-460. New Licenses; existing licenses.

§ 20-461. Hearings.

§ 20-462. Display of license.

§ 20-463. Notification of change.

§ 20-464. Bookkeeping requirements.

§ 20-465. Duties of licensees.

§ 20-466. Restrictions on placement of vehicles, pushcarts and stands; vending in certain areas prohibited.

§ 20-467. Prohibitions.

§ 20-468. Suspension and revocation of license.

§ 20-469. Enforcement.

§ 20-470. Forfeiture.

§ 20-471. Seizure of perishable goods.

§ 20-472. Procedures for recovery of first amendment material that has been removed. 

§ 20-473. Delivery to general vendors; distributor's license required.

§ 20-474. Delivery vehicle identification required.

§ 20-475. Penalties.

§ 20-476. Regulations.

§ 20-452  Definitions.  For the purposes of this subchapter, the following words and terms shall have the following meaning:
a.  "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.
b.  "General vendor". A person who hawks, peddles, sells, leases or offers to sell or lease, at retail, goods or services, including newspapers, periodicals, books, pamphlets or other similar written matter in a public space. This definition shall not include a food vendor as defined in subdivision c of section 17-306 of chapter three of title seventeen of this code, or a person required to be licensed under section 20-229 of subchapter seven of chapter two of this title of this code. This definition also shall not include persons who use stands or booths in a public space for the shining of shoes.

c.  “First amendment vendor”. A person who exclusively hawks, peddles, sells, leases or offers to sell or lease, at retail, newspapers, periodicals, books, pamphlets or other similar written material, paintings, photographs, prints and sculptures, and no other items required to be licensed by any other provisions of this code.

d.  “Specialized vending license”.  Any general vending license issued to a disabled veteran pursuant to section 35-a of the New York State General Business Law.

e.  "General vending business" or "vending business". The business of selling, leasing or offering to sell or lease, at retail, goods or services other than food, engaged in by a vendor in a public space.
f.  "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, wharfs, stadiums, and terminals.
g.  “Pushcart”. Any wheeled vehicle or device used by a general 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.
h.  "Stand". A movable, portable or collapsible structure, framework, device, container or other contrivance, other than a vehicle or pushcart, used by a general 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.
i.  "Vehicle". A motor vehicle or trailer, as defined in the vehicle and traffic law.
j.  "Vend". To hawk, peddle, sell, lease, offer to sell or lease, at retail, goods or services other than food in a public space.

k.  “Priority number”. The license number assigned to a particular licensee, denoting the priority status that said licensee is to be given with respect to other similar licensees.

l.  “Distributor”.  Any person or organization engaged in the sale, consignment, or distribution of goods for sale or resale by a general vendor. This shall not include an owner of goods who personally operates a motor vehicle to transport such goods exclusively to and from a location from which the owner will personally sell such goods in compliance with all applicable laws.

 § 20-453 License required.  a. It shall be unlawful for any person to act as a general vendor or a first amendment vendor pursuant to this subchapter without having first obtained a license in accordance with the provisions set forth herein.

b. No individual may simultaneously possess more than one of the following licenses:

1. to act as a first amendment vendor;

2. to act as a general vendor;

3. to vend food pursuant to title 17-307 of the this code.

§ 20-454 Terms and fees.  a. General vendors.  1. The biannual license fee for a general vendor’s license or a renewal thereof shall be three hundred dollars. 

2. The fee for issuing a duplicate general vendor’s license when the original has been lost, destroyed or mutilated shall be fifteen dollars.
3.  The commissioner may issue a temporary general vendor license upon the furnishing of information and an application in such form and detail as he or she may prescribe and upon the payment of a fee of ten dollars for such temporary license.

b. First amendment vendors.  There shall be no fees associated with the application, renewal or replacement of a lost, destroyed or mutilated first amendment vendor’s license.

c. All licenses issued pursuant to this subchapter shall be valid for two years unless sooner suspended or revoked. The commissioner shall establish by regulation the expiration date of such licenses.

§ 20-455 Applications.  a.  General Vendor.

1.  Each person applying for a general vendor's license pursuant to this subchapter, 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 subchapter.

2.  In addition to any other information required, the commissioner shall require the following information:
(a.).  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 or goods to be used in the vending business; and
(b.)  a description of the type of goods or services to be vended or displayed and a description of any vehicle, pushcart or stand to be used in the vending business; and
(c.)  three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application; and
(d.)  proof that the applicant has complied with all applicable laws, including compliance with section eleven hundred thirty-four of the tax law by obtaining from the state tax commission of the state of New York a certificate of authority designating the applicant's sales tax identification number and a tax clearance certificate; and
(e.)  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.

3.  The commissioner shall require that applicants for licenses issued pursuant to this subchapter be fingerprinted. The applicant shall pay a processing fee as required by the state division of criminal justice services.

b.  First Amendment Vendor.

1.  Each person applying for a first amendment vendor's license pursuant to this subchapter, or renewal thereof, shall file an application in such form and detail as the commissioner may prescribe.  No fees shall be associated with said application or renewal.

2.  In addition to any other information required, the commissioner shall require the following information:
(a.)  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 or goods to be used in the vending business; and
(b.)  a description of the type of goods or services to be vended or displayed and a description of any vehicle, pushcart or stand to be used in the vending business; and
(c.)  three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application; and
(d.)  proof that the applicant has complied with all applicable laws, including compliance with section eleven hundred thirty-four of the tax law by obtaining from the state tax commission of the state of New York a certificate of authority designating the applicant's sales tax identification number and a tax clearance certificate.

(e.)  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.
§ 20-456 Domestic Partners.  For purposes of this subchapter, the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law shall also be bestowed upon the surviving domestic partner of any such veteran.
§ 20-457 License approval and denial.  a. Approval. 

1.  Upon the approval of an application, the commissioner shall issue such license in a form designed to thwart counterfeit or replication. 

2.  The general vendor’s license shall contain the licensee’s name, his or her license number, a non-removable photograph of the licensee and a facsimile of the licensee’s fingerprint.

3.  The first amendment vendor’s license shall contain the licensee’s name, his or her license number and a non-removable photograph of the licensee.

4.  The commissioner shall establish a system to equitably determine the priority granted to an individual licensee with respect to enforcement as set forth in section 20-469 of this subchapter.  Licenses shall be categorized and issued as follows:

(a.)  Specialized vending licenses:  

(i.)  Priority shall be granted to disabled veteran applicants possessing a specialized vending license, on the effective date of this local law.  Such applicants shall be awarded higher priority in relation to the seniority of their specialized vending license in effect prior to enactment of this legislation.

(ii.)  Any applicant for a specialized vending license who does not possess a specialized vending license on the date this local law takes effect shall be awarded higher priority in relation to the seniority of the date of issuance of the specialized vending license. 

(b.) General vending license: 

(i.)  Priority shall be granted to applicants possessing a general vending license on the effective date of this local law.  Such applicants shall be awarded higher priority in relation to the seniority of their license in effect prior to enactment of this legislation. 

(ii.)  Any applicant for a general vending license who does not possess a general vending license on the date this local law takes effect shall be awarded higher priority in relation to the seniority of the date of issuance of the general vending license. 

(c.)  First amendment vending license: 

(i.)  Applicants shall be awarded higher priority in relation to the seniority of date of issuance of their New York State tax identification number. 

3.  All applicants issued a license pursuant to this subchapter shall receive a permit number starting with a unique numeral indicating the type of license issued, followed by a series of numerals indicating the licensee’s priority number with a lower number representing higher priority.

4.  The Commissioner shall coordinate with the Commissioner of the Department of Health with respect to effectuating the permit scheme set forth in this subchapter.
b.  Denial. 

1.  The commissioner may refuse to issue or renew a license if the applicant has been found to have violated chapter one or subchapter one of chapter five of this title or the rules or regulations thereto, provided, however, that in the event of a conflict between the provisions of such chapter and subchapter and the provisions of this subchapter, the provisions of this subchapter shall prevail.

2.  The commissioner may refuse to issue or renew a license if the applicant has pending any unanswered summonses or unsatisfied fines or penalties for violation issued by any city agency or regulatory body.

§ 20-458 License renewal.  a. An application for the renewal of a license pursuant to this subchapter shall be filed with the appropriate fee, where applicable, 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 he or she shall require, indicating payment of all applicable taxes imposed by title eleven of this code and administered by the commissioner of finance, at least thirty days prior to the expiration of the existing license. The commissioner of finance shall charge and collect a fee of ten dollars for issuing a tax clearance certificate.

b. No licensee shall be granted a renewal of a license unless the licensee 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 commissioner of finance shall promulgate rules and regulations establishing (1.) such standards of sales tax payments sufficient to indicate that operating as a vendor is a full-time or part-time occupation of the licensee and (2.) that a minimum payment of all applicable sales and business taxes imposed by title eleven of the code and administered by the commissioner of finance have been paid during the preceding calendar year.

d.  The commissioner shall not renew a license issued pursuant to this subchapter where the applicant is unable to demonstrate that he or she has paid all applicable taxes on income earned from the use of the existing license for the immediate two of the previous four years.

§ 20-459 Exemptions.  The commissioner may promulgate regulations exempting any non-profit association including, but not limited to, a government agency, charitable, educational, religious or other such organization from compliance with any of the provisions of this subchapter.

§ 20-460 New licenses; existing licenses.  a. General vendors.

1.  The number of general vending licenses in effect shall be permitted as follows:

(a.)  the number of licenses in effect on the first day of September, two thousand-five, shall be the maximum number of licenses permitted to be in effect until the thirty-first day of December two thousand-five;

(b.)  on the first day of January, two thousand-six, until the thirty-first day of December two thousand six, the maximum number of licenses permitted to be in effect shall be one thousand two hundred-fifty;

(c.)  on the first day of January, two thousand-seven, the maximum number of licenses permitted to be in effect shall be two thousand;

2.  The limitation on the number of general vending licenses in effect pursuant to this subchapter shall not apply to specialized vending licenses.

b.  First amendment vendors.  There shall be no limitation on the number of first amendment vending licenses granted or in effect pursuant to this subchapter.

c.  Any license issued pursuant to 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.
§ 20-461 Hearings.
Unless otherwise specifically provided, notice and hearings upon denial of an application, the suspension or revocation of a license or the imposition of penalties provided in subdivision b of section 20-475 shall be in accordance with the provisions of chapter one of this title and the rules and regulations applicable thereto.
§ 20-462 Display of license.  Each licensee shall wear his or her license on his or her person at all times he or she is operating as a vendor and it shall be exhibited upon request to any police officer, authorized officer or employee of the department or other city agency.
§ 20-463 Notification of change.  Whenever any information provided on the application for a license or renewal thereof has changed the licensee shall notify the commissioner within ten days of such change.
§ 20-464 Bookkeeping requirements.  Each vendor under the provisions of this subchapter shall keep such written records as the commissioner may prescribe of all daily gross sales, purchases and expenses and receipts therefore and shall make such available for inspection by an authorized officer or employee of any city agency.

§ 20-465 Duties of licensees.  Each vendor licensed pursuant to this subchapter shall:
a.  Permit regular inspections by the department or any authorized city agency of any goods, vehicle, pushcart or stand used in the operation of the vending business, and of any premises used by him or her for the storage or preparation of goods intended to be vended in such business; and
b.  Provide to the commissioner, or other authorized officer or employee of a city agency requesting such information, on a semi-annual basis, or more often if required by regulation promulgated by the commissioner, the address and name of the owners or the manufacturers, suppliers or distributors from whom the licensee receives his or her goods and also the address at which the licensee stores his or her goods or any vehicle, pushcart or stand used in the operation of the vending business; and
c.  Refrain from using, or permitting anyone else to use, a vending vehicle, pushcart or stand for the sale or lease of any goods or merchandise prohibited by the commissioner; and
d.  Refrain from selling, lending, leasing or in any manner transferring his or her license or any interest therein unless prior approval of the commissioner has been obtained.
§ 20-466 Restrictions on the placement of vehicles, pushcarts and stands; vending in certain areas prohibited.

a.  No vendor shall engage in any vending business on any sidewalk unless such sidewalk has at least a twelve-foot wide clear pedestrian path to be measured from 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.
b.  No vendor shall occupy more than eight linear feet of public space 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 three linear feet to be measured from the curb toward the property line.
c.  No vending vehicle, pushcart, stand, goods or any other item related to the operation of a vending business shall touch, lean against or be affixed permanently or temporarily to 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 pushcart, stand or goods shall be located against display windows of fixed location businesses, nor shall they be within twenty feet from an entranceway to any building, store, theatre, movie house, sports arena or other place of public assembly.
e.  No vendor shall vend within any bus stop or taxi stand, or within ten feet of any driveway, any subway entrance or exit, or any corner. For purposes of this subdivision, ten feet from any corner shall be measured from a point where the property line on the nearest intersecting block face, when extended, meets the curb.
f.  Each vendor who vends from a 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.
g.  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.
h.  No vendor shall vend within the geographical areas under the jurisdiction of the department of parks and recreation unless written authorization therefore has been obtained from the commissioner of such department, but nothing therein contained shall exempt any general vendor from obtaining a license in accordance with this subchapter.
i.  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.  Where a police officer or other authorized officer or employee of any city agency gives notice to a vendor that exigent circumstances exist requiring temporary removal from any location, such notice shall be provided in written form detailing the exigent conditions requiring removal, a duplicate of which shall be maintained in the books and records of the issuing police agency or other authorized city agency that issued said notice for a period of not less than one year.
j.  No vendor shall vend over any ventilation grill, cellar door, manhole, transformer vault, or subway access grating.
k.  No 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 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 vendor shall use any area other than that area immediately beneath the surface of the display space for the storage of items for sale.
l.  No vendor shall sell or offer for sale any item directly from any parked or double parked motor vehicle.
m.  No vendor shall use electricity, electrical generating equipment or oil or gasoline powered equipment, devices or machinery of any kind.
n. No vendor shall vend:
1.  within twenty feet from sidewalk cafes;
2.  within five feet from (a) bus shelters, (b) newsstands, (c) public telephones or (d) disabled access ramps;
3.  within ten feet from entrances or exits to buildings which are exclusively residential at the street level;

4.  on Broadway between Murray Street and Battery Place and on Park Row between Ann Street and Spruce Street.; and

5.  in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the northerly side of Vesey Street.
§ 20-467 Prohibitions.  It shall be unlawful for any person to sell, give or otherwise transfer any goods or merchandise to an unlicensed vendor for resale in a public space or to rent or otherwise knowingly transfer any vehicle, stand or pushcart for use by an unlicensed vendor in a vending business in a public space.

§ 20-468 Suspension and revocation of license.  Any license issued pursuant to the provisions of this subchapter may be suspended or revoked by the commissioner upon notice and hearing for any of the following causes:
a.  Fraud, misrepresentation, or false statements contained in the application for the license; or
b.  Violation of chapter one or subchapter one of chapter five of this title of this code or the regulations promulgated thereto; provided, however, that in the event of a conflict between the provisions of such chapter and subchapter and the provisions of this subchapter, the provisions of this subchapter shall prevail; or
c.  Fraud, misrepresentation, or false statements made in connection with the selling or leasing of any goods or services; or
d.  Four or more violations of any provision of this subchapter or the regulations promulgated thereto in a one-year period; or
e.  Failure to answer a summons or notice of violation, appear for a hearing, or pay a fine or civil penalty imposed pursuant to the provisions of this subchapter or the regulations promulgated hereunder; or
f.  Conviction of possessing or selling stolen property pursuant to section 165.40, 165.45 or 165.50 of the penal law.