Details Meeting Name: Committee on Small Business Agenda status: Final Meeting date/time: 4/29/2020 1:00 PM Minutes status: Final   Meeting location: REMOTE HEARING Jointly with the Committee on Consumer Affairs and Business Licensing Published agenda: Agenda Published minutes: Minutes   Meeting video: Video   Attachments: CLICK ANY FILE # BELOW (in blue) TO ACCESS LEGISLATION AND ATTACHMENTS Meeting Items (30) 30 records Group Clear sorting Clear grouping Group by Type Group by Result Export Export to Excel Export to PDF Export to Word Show: All agenda items Legislation only All agenda items File # Ver. Prime Sponsor Agenda # Agenda Note Name Type Summary Action Result Action Details Multimedia                     Roll call Not available T2020-6100 *       Oversight - The Impact of COVID-19 on Small Businesses in New York City. Oversight   Hearing Held by Committee   Action details Not available T2020-6100 *       Oversight - The Impact of COVID-19 on Small Businesses in New York City. Oversight   Filed, by Committee   Action details Not available Int 1846-2020 * Margaret S. Chin     Disclosure of gratuity policies for food delivery workers. Introduction For each order placed on a food delivery platform, the bill prohibits a food delivery application from soliciting a tip from a customer unless it discloses the amount or proportion of each gratuity provided to the delivery worker; and the manner in which gratuities are provided, whether immediately or not, and whether in cash or not. This information must be provided before or at the same time the gratuity is solicited. The bill would require applications to credit gratuities to the worker. It would mandate that applications notify workers if a gratuity was added, the amount, whether the customer removed it and why, if a reason was provided, or if a change was made. Each day the applications would be required to inform the worker the total compensation and gratuities earned by that worker the day before. Applications would have to keep records demonstrating their compliance with this bill as part of the requirements of their licensure. Hearing Held by Committee   Action details Not available Int 1846-2020 * Margaret S. Chin     Disclosure of gratuity policies for food delivery workers. Introduction For each order placed on a food delivery platform, the bill prohibits a food delivery application from soliciting a tip from a customer unless it discloses the amount or proportion of each gratuity provided to the delivery worker; and the manner in which gratuities are provided, whether immediately or not, and whether in cash or not. This information must be provided before or at the same time the gratuity is solicited. The bill would require applications to credit gratuities to the worker. It would mandate that applications notify workers if a gratuity was added, the amount, whether the customer removed it and why, if a reason was provided, or if a change was made. Each day the applications would be required to inform the worker the total compensation and gratuities earned by that worker the day before. Applications would have to keep records demonstrating their compliance with this bill as part of the requirements of their licensure. Laid Over by Committee   Action details Not available Int 1895-2020 * Mark Gjonaj     Food service establishments’ packaging of food for delivery. Introduction This bill would require the Department of Health and Mental Hygiene (DOHMH) to establish rules that would decrease the risk that food packaged by restaurants for delivery is tampered with before reaching the customer, which may include requiring tamper-evident packaging. Violations would be punishable by a civil penalty of up to $100 for each violation. Hearing Held by Committee   Action details Not available Int 1895-2020 * Mark Gjonaj     Food service establishments’ packaging of food for delivery. Introduction This bill would require the Department of Health and Mental Hygiene (DOHMH) to establish rules that would decrease the risk that food packaged by restaurants for delivery is tampered with before reaching the customer, which may include requiring tamper-evident packaging. Violations would be punishable by a civil penalty of up to $100 for each violation. Laid Over by Committee   Action details Not available Int 1896-2020 * Mark Gjonaj     Disclosure of commissions charged by third-party food delivery services. Introduction The bill would require that third-party delivery services, entities that provide restaurants with online order and delivery services, disclose to consumers any commission, fees, or other monetary payments imposed on participating restaurants. Hearing Held by Committee   Action details Not available Int 1896-2020 * Mark Gjonaj     Disclosure of commissions charged by third-party food delivery services. Introduction The bill would require that third-party delivery services, entities that provide restaurants with online order and delivery services, disclose to consumers any commission, fees, or other monetary payments imposed on participating restaurants. Laid Over by Committee   Action details Not available Int 1897-2020 * Mark Gjonaj     Licensing of third-party food delivery services, and to repeal subchapter 22 of chapter 5 of title 20 of the administrative code of the city of New York, relating to third-party food delivery services. Introduction This bill would require third-party food delivery services to obtain a license in order to do business in the City. It would also repeal the subchapter in the Administrative Code that contains existing laws regulating third-party food delivery services, and would instead incorporate the requirements of recently passed Introductions 2311-A, 2333-A, 2335-A and 2356-A into this bill’s licensing scheme. Under the bill, the department could deny or refuse to renew a license, or suspend or revoke a license, if a third-party food delivery service committed two of more violations of the bill’s subchapter. Third-party food delivery services who violate the requirements in the bill’s subchapter would also be subject to civil penalties, as well as civil action from the City or a person against whom a violation was committed. The Department of Consumer and Worker Protection would be required to conduct outreach on the provisions of this bill. Hearing Held by Committee   Action details Not available Int 1897-2020 * Mark Gjonaj     Licensing of third-party food delivery services, and to repeal subchapter 22 of chapter 5 of title 20 of the administrative code of the city of New York, relating to third-party food delivery services. Introduction This bill would require third-party food delivery services to obtain a license in order to do business in the City. It would also repeal the subchapter in the Administrative Code that contains existing laws regulating third-party food delivery services, and would instead incorporate the requirements of recently passed Introductions 2311-A, 2333-A, 2335-A and 2356-A into this bill’s licensing scheme. Under the bill, the department could deny or refuse to renew a license, or suspend or revoke a license, if a third-party food delivery service committed two of more violations of the bill’s subchapter. Third-party food delivery services who violate the requirements in the bill’s subchapter would also be subject to civil penalties, as well as civil action from the City or a person against whom a violation was committed. The Department of Consumer and Worker Protection would be required to conduct outreach on the provisions of this bill. Laid Over by Committee   Action details Not available Int 1898-2020 * Mark Gjonaj     Telephone order charges by third-party food delivery services during, and for 90 days after, a declared emergency that prohibits on-premises dining. Introduction The bill would prohibit third-party delivery services, entities that provide restaurants with online order and delivery services, from charging restaurants for telephone orders with customers that did not result in an actual transaction during the call. The prohibition would apply only to periods when a state of emergency is in effect in the city and restaurants are prohibited from offering food for consumption on-premises, plus an additional 90 days thereafter. Violations would be subject to civil penalties of up to $500 per restaurant per day. Hearing Held by Committee   Action details Not available Int 1898-2020 * Mark Gjonaj     Telephone order charges by third-party food delivery services during, and for 90 days after, a declared emergency that prohibits on-premises dining. Introduction The bill would prohibit third-party delivery services, entities that provide restaurants with online order and delivery services, from charging restaurants for telephone orders with customers that did not result in an actual transaction during the call. The prohibition would apply only to periods when a state of emergency is in effect in the city and restaurants are prohibited from offering food for consumption on-premises, plus an additional 90 days thereafter. Violations would be subject to civil penalties of up to $500 per restaurant per day. Laid Over by Committee   Action details Not available Int 1907-2020 * Francisco P. Moya     Prohibiting third-party food delivery services from limiting the purchase prices covered establishments may charge on food and beverage orders. Introduction This bill would prohibit third-party food delivery services from limiting the menu prices restaurants may charge on food and beverage orders. Violations of this prohibition would result in civil penalties. Hearing Held by Committee   Action details Not available Int 1907-2020 * Francisco P. Moya     Prohibiting third-party food delivery services from limiting the purchase prices covered establishments may charge on food and beverage orders. Introduction This bill would prohibit third-party food delivery services from limiting the menu prices restaurants may charge on food and beverage orders. Violations of this prohibition would result in civil penalties. Laid Over by Committee   Action details Not available Int 1908-2020 * Francisco P. Moya   Proposed Int. No. 1908-A Fees charged by third-party food delivery services during, and for 90 days after, a declared emergency that prohibits on-premises dining. Introduction This bill would restrict the fees that certain third-party food delivery services, entities that provide restaurants with online order and delivery services, may charge restaurants during states of emergency when restaurants are prohibited from offering food for consumption on-premises, plus an additional 90 days thereafter. During such time periods, third-party delivery services would be prohibited from charging more than a 15% fee per order for providing delivery services to a restaurant, and more than a 5% fee per order for all other types of charges. Violations of the prohibitions in this bill would be subject to civil penalties of up to $1000 per restaurant per day. The Corporation Counsel would be empowered to enforce the bill’s provisions by instituting civil action against third-party delivery services in violation, and by conducting investigations pursuant to such civil action. Hearing Held by Committee   Action details Not available Int 1908-2020 * Francisco P. Moya     Fees charged by third-party food delivery services during, and for 90 days after, a declared emergency that prohibits on-premises dining. Introduction This bill would restrict the fees that certain third-party food delivery services, entities that provide restaurants with online order and delivery services, may charge restaurants during states of emergency when restaurants are prohibited from offering food for consumption on-premises, plus an additional 90 days thereafter. During such time periods, third-party delivery services would be prohibited from charging more than a 15% fee per order for providing delivery services to a restaurant, and more than a 5% fee per order for all other types of charges. Violations of the prohibitions in this bill would be subject to civil penalties of up to $1000 per restaurant per day. The Corporation Counsel would be empowered to enforce the bill’s provisions by instituting civil action against third-party delivery services in violation, and by conducting investigations pursuant to such civil action. Laid Over by Committee   Action details Not available Int 1914-2020 * Adrienne E. Adams     COVID-19 Relief Package - Harassment of commercial tenants impacted by COVID-19. Introduction This bill would make threatening a commercial tenant based on their status as a COVID-19 impacted business or person a form of harassment punishable by a civil penalty of $10,000 to $50,000. Hearing Held by Committee   Action details Not available Int 1914-2020 * Adrienne E. Adams     COVID-19 Relief Package - Harassment of commercial tenants impacted by COVID-19. Introduction This bill would make threatening a commercial tenant based on their status as a COVID-19 impacted business or person a form of harassment punishable by a civil penalty of $10,000 to $50,000. Laid Over by Committee   Action details Not available Int 1916-2020 * Andrew Cohen     COVID-19 Relief Package - Requiring the waiver and refund of certain sidewalk cafe revocable consent fees, and providing for the repeal of such provision upon the expiration thereof. Introduction On March 17, 2020, as a result of the COVID-19 pandemic, several businesses were ordered to close. Restaurants were required to stop providing dine-in service. As restaurants face unprecedented financial losses and can no longer utilize their sidewalk cafes during the state of emergency, this bill requires the City to waive and/or refund all revocable consent fees for unenclosed sidewalk cafes due between March 1, 2020 and February 28, 2021. Enclosed sidewalk café consent fees would be waived for the duration of the Mayor’s Emergency Executive Order No. 105 published on April 4, 2020. Hearing Held by Committee   Action details Not available Int 1916-2020 * Andrew Cohen     COVID-19 Relief Package - Requiring the waiver and refund of certain sidewalk cafe revocable consent fees, and providing for the repeal of such provision upon the expiration thereof. Introduction On March 17, 2020, as a result of the COVID-19 pandemic, several businesses were ordered to close. Restaurants were required to stop providing dine-in service. As restaurants face unprecedented financial losses and can no longer utilize their sidewalk cafes during the state of emergency, this bill requires the City to waive and/or refund all revocable consent fees for unenclosed sidewalk cafes due between March 1, 2020 and February 28, 2021. Enclosed sidewalk café consent fees would be waived for the duration of the Mayor’s Emergency Executive Order No. 105 published on April 4, 2020. Laid Over by Committee   Action details Not available Int 1921-2020 * Mark Gjonaj     Requiring third-party food delivery services and food service establishments to display sanitary inspection letter grades online. Introduction The Department of Health and Mental Hygiene inspects food service establishments for compliance with food safety rules at least once a year. These inspections result in the Department issuing a score, which corresponds to a letter grade. Food service establishments are required to post these grades in an area visible to passersby. However, consumers who purchase food or beverages online do not have access to such letter grades. This bill requires food service establishments and third-party food delivery services (such as Seamless or Grubhub) to post sanitary inspection grades on their websites or other online platforms. Hearing Held by Committee   Action details Not available Int 1921-2020 * Mark Gjonaj     Requiring third-party food delivery services and food service establishments to display sanitary inspection letter grades online. Introduction The Department of Health and Mental Hygiene inspects food service establishments for compliance with food safety rules at least once a year. These inspections result in the Department issuing a score, which corresponds to a letter grade. Food service establishments are required to post these grades in an area visible to passersby. However, consumers who purchase food or beverages online do not have access to such letter grades. This bill requires food service establishments and third-party food delivery services (such as Seamless or Grubhub) to post sanitary inspection grades on their websites or other online platforms. Laid Over by Committee   Action details Not available Int 1932-2020 * Carlina Rivera     COVID-19 Relief Package - Personal liability provisions of leases for commercial tenants impacted by COVID-19. Introduction This bill would temporarily prohibit the enforcement of personal liability provisions in commercial leases or rental agreements involving a COVID-19 impacted tenant. This would apply to businesses that were impacted by mandated closures and service limitations in the Governor's Executive Orders. Specifically, it covers (1) businesses that were required to stop serving food or beverages on-premises (restaurants and bars); (2) businesses that were required to cease operations altogether (gyms, fitness centers, movie theaters); (3) retail businesses that were required to close and/or subject to in-person restrictions; and (4) businesses that were required to close to the public (barbershops, hair salons, tattoo or piercing parlors and related personal care services). Threatening to or attempting to enforce such a provision would also be considered a form of harassment. Hearing Held by Committee   Action details Not available Int 1932-2020 * Carlina Rivera     COVID-19 Relief Package - Personal liability provisions of leases for commercial tenants impacted by COVID-19. Introduction This bill would temporarily prohibit the enforcement of personal liability provisions in commercial leases or rental agreements involving a COVID-19 impacted tenant. This would apply to businesses that were impacted by mandated closures and service limitations in the Governor's Executive Orders. Specifically, it covers (1) businesses that were required to stop serving food or beverages on-premises (restaurants and bars); (2) businesses that were required to cease operations altogether (gyms, fitness centers, movie theaters); (3) retail businesses that were required to close and/or subject to in-person restrictions; and (4) businesses that were required to close to the public (barbershops, hair salons, tattoo or piercing parlors and related personal care services). Threatening to or attempting to enforce such a provision would also be considered a form of harassment. Laid Over by Committee   Action details Not available Int 1940-2020 * Steven Matteo   Preconsidered License, permit, consent and registration renewal extensions, and requiring at least 45 days notice for renewal following the COVID-19 emergency. Introduction This bill requires city agencies to publish a list of any licenses, permits, consents or registrations that are not covered by the renewal extension provided for by section four of the Mayor’s Emergency Executive Order Number 107 issued on April 14, 2020. This list must be made available on agency websites no later than 14 days after the enactment of this bill. In addition, this bill requires that all renewal deadlines be no earlier than 45 days after section four of the Mayor’s emergency order lapses. For licenses, permits, consents or registrations that expire on or after March 12, 2020 and are for a term of less than 45 days, the renewal extension provided for in this bill shall only be for the original duration of such license, permit, consent or registration. Hearing on P-C Item by Comm   Action details Not available Int 1940-2020 * Steven Matteo     License, permit, consent and registration renewal extensions, and requiring at least 45 days notice for renewal following the COVID-19 emergency. Introduction This bill requires city agencies to publish a list of any licenses, permits, consents or registrations that are not covered by the renewal extension provided for by section four of the Mayor’s Emergency Executive Order Number 107 issued on April 14, 2020. This list must be made available on agency websites no later than 14 days after the enactment of this bill. In addition, this bill requires that all renewal deadlines be no earlier than 45 days after section four of the Mayor’s emergency order lapses. For licenses, permits, consents or registrations that expire on or after March 12, 2020 and are for a term of less than 45 days, the renewal extension provided for in this bill shall only be for the original duration of such license, permit, consent or registration. P-C Item Laid Over by Comm   Action details Not available Res 1049-2019 * Public Advocate Jumaane Williams     Prohibit the use of a confession of judgment in business loans. Resolution   Hearing Held by Committee   Action details Not available Res 1049-2019 * Public Advocate Jumaane Williams     Prohibit the use of a confession of judgment in business loans. Resolution   Laid Over by Committee   Action details Not available                     Not available