Int. No. 856

By Council Members Gerson and Palma

A Local Law to amend the administrative code of the city of New York, in relation to assigning vending spots via lottery when so warranted.

Be it enacted by the Council as follows:

                     Section 1.  Subchapter 27 of Title 20 of the administrative code of the city of New York is amended by adding a new section 20-467.1 to read as follows:

§ 20- 467.1   Lottery upon finding of public safety need.  a.  After two or more incidents in which the police department issues a citation to one or more of the same parties, whether licensed or not, seeking to vend on a specific block face, the commissioner may create a lottery system for available spots on the block face at issue.  For the purposes of this section, available spots shall mean those which comply with all other vending restrictions, as listed in this subchapter. 

                     b.  The lottery shall be open to all licensed vendors and vendors of goods covered by the First Amendment, except that it shall not be open to any vendor who has been found guilty of a violation related to the incident upon which the lottery is predicated.  

c.  The commissioner may promulgate such rules and regulations as are necessary to carry out the provisions of this section.

§2.  This local law shall take effect ninety days after its enactment into law provided, however, that the commissioner of consumer affairs shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the adoption of any necessary rules.

LS 5829

LCC

9/22/08