Section 17-306
§ 17-306 Definitions. Whenever used in this subchapter the following
terms shall mean:
a. "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 is supplied.
b. "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.
c. "Food vendor" or "vendor". A person who hawks, peddles, sells or
offers food for sale at retail in any public space.
d. "Food vending business". The business of selling or offering food
for sale at retail in a public space engaged in by a food vendor.
e. "Public space". All publicly owned property between the property
lines on a street as such property lines are shown on city records
including, but not limited to, a park, plaza, roadways, 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.
f. "Pushcart". Any wheeled vehicle or device used by a food vendor,
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. The term "pushcart"
shall include any green cart, as that term is defined by subdivision s
of this section.
g. "Vehicle". A motor vehicle or trailer, as defined in the vehicle
and traffic law.
h. "Vend". To hawk, peddle, sell or offer to sell food at retail in a
public space, delivered immediately upon consummation of purchase.
i. "Person." A natural person, partnership, corporation or other
association.
j. "Veteran". Any person who was in active service in the armed forces
of the United States and was honorably discharged from such service.
k. "Disabled veteran". A veteran who is certified by the United States
department of veterans' affairs as having a disability rated at ten per
centum or more that 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
sub-chapter.
l. "Honorable discharge". Any type of discharge or release from the
armed forces of the United States other than a dishonorable discharge.
m. "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 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.
n. "Unemancipated child." Any son, daughter, step-son or step-daughter
who is under the age of eighteen, unmarried and living in the same
household.
o. "Exclusive distributor". A person who has a written agreement with
a manufacturer of a food product for the sale of that product by a food
vendor licensed pursuant to this subchapter from a vehicle or pushcart
to the exclusion of any similar food product manufactured by any other
manufacturer.
p. "Manufacturer". A person who processes or fabricates food products
from raw materials for commercial purposes.
q. "Fresh fruits and vegetables". Unprocessed unfrozen raw fruits and
vegetables that have not been combined with other ingredients.
r. "Fresh fruits and vegetables permit". A full-term permit for the
vending at retail solely of fresh fruits or vegetables, or both, from a
pushcart or vehicle in a public place. Unless otherwise specified, a
fresh fruits and vegetables permit shall be a permit in accordance with
the provisions of this subchapter.
s. "Green cart". A pushcart used exclusively by those issued fresh
fruits and vegetables full-term permits pursuant to section 17-307 of
this subchapter and which, in addition to being in compliance with all
other legal requirements applicable to non-processing pushcarts, must
also have a distinctive and easily recognizable appearance in accordance
with rules to be established by the commissioner.
Section 17-307
§ 17-307 Licenses, permits required; restrictions; term. a. 1. It
shall be unlawful for any individual to act as a food vendor without
having first obtained a license therefor from the commissioner in
accordance with the provisions of this subchapter.
2. In addition to the conditions set forth in section 17-310 of this
subchapter a license shall be renewable by the licensee provided that
the licensee meets all other 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.
b. 1. It shall be unlawful to vend food from any vehicle or pushcart
in a public space without having first obtained a permit for such
vehicle or pushcart from the commissioner in accordance with the
provisions of this subchapter. The commissioner shall establish
standards relating to the size and design of such vehicles and
pushcarts. No vendors shall vend from any vehicle or pushcart which does
not comply with the standards established by the commissioner. No vendor
shall vend from other than a vehicle or pushcart. No food vendor issued
a fresh fruits and vegetables permit shall vend from other than a
vehicle or a green cart. No food vendor issued a fresh fruits and
vegetables permit shall vend any food other than fresh fruits and
vegetables from the green cart or vehicle for which the permit was
issued.
2. (a) On and after July thirtieth, nineteen hundred eighty-three, no
new full-term permits shall be issued until the number of such permits
which are in effect is less than three thousand. Thereafter, the maximum
number of such permits which may be in effect shall be three thousand
and no new permits shall be issued in excess of such maximum number.
Notwithstanding the limitations on the issuance of new full-term
permits, a permit issued prior to July thirtieth, nineteen hundred
eighty-three which is in effect shall be renewable by the licensee to
whom the permit was issued subject to the provisions of subparagraph (f)
of this paragraph and provided that all other requirements for renewal
under the provisions of this subchapter and any rules promulgated
pursuant thereto are complied with, the license of the person to whom
the permit was issued or the permit has not been revoked or suspended
and the licensee has not committed a violation or violations which could
be a basis for permit or license revocation or suspension.
(b)(i) On and after March fifteenth, nineteen hundred ninety-five,
without increasing the number of full-term permits which may be in
effect in accordance with subparagraph (a) of this paragraph, two
hundred full-term permits shall be designated for use exclusively in
specified boroughs as follows:
(A) fifty of such full-term permits shall authorize the holders
thereof to vend food from any vehicle or pushcart in any public place in
the borough of the Bronx where food vendors are not prohibited from
vending;
(B) fifty of such full-term 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 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; and
(D) fifty of such full-term 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 permits, the commissioner
shall establish a separate waiting list for each of the relevent
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 January first, nineteen hundred ninety-five,
full-term permits shall be issued only to persons who at the time of
application for a 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. Except as
otherwise provided in item (B) of clause (ii) of subparagraph (a) of
paragraph three of subdivision f of this section, no person shall be
issued more than one permit, whether full-term or temporary.
(d) The issuance or renewal of a full-term permit pursuant to this
subchapter 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 and within six
months after such certification, passing such inspection.
(e) The commissioner shall establish a separate waiting list for the
issuance of full-term permits pursuant to this subchapter 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.
(f) Except as otherwise provided in item (B) of clause (ii) of
subparagraph (a) of paragraph three of subdivision f of this section, on
and after January first, nineteen hundred ninety-six, and on every
renewal date thereafter, a permit holder may not renew more than one
permit, whether full-term or temporary. Such permit shall be renewed
provided that all other requirements for renewal under the provisions of
this subchapter and any rules promulgated pursuant thereto are complied
with, the license of the person to whom the permit was issued or the
permit has not been revoked or suspended and such person has not
committed a violation or violations which could be a basis for permit or
license suspension or revocation.
(g) Other than subparagraphs (c), (d) and (f), this paragraph shall
not apply to the issuance of fresh fruits and vegetable permits.
3. (a) Notwithstanding the provisions of paragraph two of this
subdivision limiting the number of full-term permits that are authorized
to be issued, the commissioner may issue up to a maximum of one hundred
additional full-term 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 permits
shall be issued only to natural persons who at the time of application
for a permit hereunder are not holders of a full-term 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 permit. Such 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 permit pursuant to this paragraph 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 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 permits pursuant to
this paragraph and in the placement on such waiting list to the
following categories of persons in the following order:
(i) Veterans who on August second, nineteen hundred ninety-one held a
valid general vendor's license issued by the department of consumer
affairs pursuant to subchapter twenty-seven of chapter two of title
twenty of the code by virtue of having claimed a disability.
(ii) Disabled veterans.
(iii) Disabled persons.
(iv) Veterans.
(c) A person who has been issued a permit pursuant to this paragraph
shall not be eligible to obtain a full-term permit authorized by
paragraph two of this subdivision if at the time of application for a
full-term permit authorized by such paragraph two such person is a
holder of a full-term permit issued pursuant to this paragraph or such
person has had a full-term permit issued pursuant to this paragraph
revoked or suspended.
(d) This paragraph shall not apply to fresh fruits and vegetables
permits.
4. (a) Notwithstanding the provisions of paragraph two of this
subdivision limiting the total number of full-term permits that are
authorized to be issued, the commissioner may issue up to a maximum of
one thousand fresh fruits and vegetable permits, as that term is defined
in subdivision r of section 17-306 of this chapter. The initial issuance
of these one thousand fresh fruits and vegetables permits shall be
phased in over a two-year period. No more than five hundred permits
shall be issued during the first year of permit availability, nor shall
more than one-half of the number of fresh fruits and vegetables permits
designated for use in a borough be issued during the first year of
permit availability. During the second year of permit availability the
commissioner may issue the remaining five hundred permits along with any
permits from the initial five hundred not issued during the first year
of permit availability. Thereafter, the maximum number of such permits
which may be in effect shall be one thousand and no new permits shall be
issued in excess of such number. Each of the one thousand fruits and
vegetables permits to be issued pursuant to this paragraph shall be
designated for use exclusively in a specified borough as follows:
(i) three hundred fifty of such fruits and vegetables permits shall
authorize the holders thereof to vend fresh fruits and vegetables from
any vehicle or any green cart in the borough of the Bronx in the areas
designated in clause (i) of subparagraph b of this paragraph.
(ii) three hundred fifty of such fruits and vegetables permits shall
authorize the holders thereof to vend fresh fruits and vegetables from
any vehicle or any green cart in the borough of Brooklyn in the areas
designated in clause (ii) of subparagraph b of this paragraph.
(iii) one hundred fifty of such fresh fruits and vegetables permits
shall authorize the holders thereof to vend fresh fruits and vegetables
from any vehicle or any green cart in the borough of Manhattan in the
areas designated in clause (iii) of subparagraph b of this paragraph.
(iv) one hundred of such fresh fruits and vegetables permits shall
authorize the holders thereof to vend fresh fruits and vegetables from
any vehicle or any green cart in the borough of Queens in the areas
designated in clause (iv) of subparagraph b of this paragraph.
(v) fifty of such fresh fruits and vegetables permits shall authorize
the holders thereof to vend fresh fruits and vegetables from any vehicle
or any green cart in the borough of Staten Island in the areas
designated in clause (v) of subparagraph b of this paragraph.
(b) The issuance or renewal of a full-term permit issued pursuant to
this paragraph shall be subject to the permittee within three months
after the certification of a complete application therefore presenting a
green cart or vehicle for inspection by the department and, within six
months after such certification, passing such inspection. No person
shall be issued more than one permit. Fresh fruits and vegetables
permits, in addition to being designated for use exclusively in a
borough as specified in subparagraph (a) of this paragraph, shall be
designated for use exclusively within the police precincts specified
below and shall be subject to the same time and place restrictions for
vending in such areas as other food vendors:
(i) Bronx: Police Precincts 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
52;
(ii) Brooklyn: Police Precincts 67, 70, 71, 72, 73, 75, 77, 79, 81,
83;
(iii) Manhattan: Police Precincts 23, 25, 26, 28, 30, 32, 33, 34;
(iv) Queens: Police Precincts 100, 101, 103, 113; and
(v) Staten Island: Police Precinct 120.
(c) Notwithstanding any provision of this section to the contrary,
within eight months of the effective date of the local law adding this
paragraph, the commissioner may exempt by rule any police precinct
specified in subparagraph b of paragraph four of this section upon
determining that the rate of consumption of fresh fruits and vegetables
in the precinct is not substantially lower than the citywide average and
that the precinct does not have an elevated rate of nutrition-related
health problems compared to the rest of the city.
(d) Fresh fruits and vegetables permits shall be issued in accordance
with the preferences specified in subparagraph (e) of this paragraph and
the procedures established by the commissioner. The commissioner shall
establish a separate waiting list for each borough, 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.
(e) Preferences shall be given in the issuance of fresh fruits and
vegetables permits pursuant to this paragraph and in the placement on
any waiting list for such permits to the following categories of persons
in the following order:
(i) Persons who, on the effective date of the local law which added
this provision, are on any of the existing waiting lists established by
the commissioner for the issuance of mobile food unit permits for
pushcarts and vehicles. From among those persons within this preference
category, additional preference in both the issuance of fresh fruits and
vegetables permits and placement on any waiting list for such permits
shall be given to those persons who fall within the following groups of
persons in the following order: disabled veterans; disabled persons;
veterans.
(ii) Disabled veterans.
(iii) Disabled persons.
(iv) Veterans.
(f) A person who has been issued a permit pursuant to this paragraph
shall not be eligible to obtain a full-term permit authorized by
paragraphs two or three of this subdivision if at the time of
application for a full-term permit authorized by such paragraphs such
person is a holder of a full-term permit issued pursuant to this
paragraph or such person has had a full-term permit issued pursuant to
this paragraph revoked or suspended.
c. It shall be unlawful for any person to operate a commissary, or
place of food distribution, or a place wherein five or more pushcarts,
or more than one vehicle are stored, without first obtaining a permit.
d. A food vendor's license shall entitle the holder thereof to vend
any food which the commissioner or board may authorize or otherwise
approve, except that a food vendor vending from a green cart or vehicle
with a fresh fruits and vegetables permit shall only be authorized to
vend fresh fruit and vegetables. No food vendor while acting as such
shall vend any item which the commissioner or board has not authorized
or otherwise approved.
e. All licenses and permits issued pursuant to this subchapter shall
be valid for two years unless sooner suspended or revoked. The
commissioner may issue such licenses and permits to expire at various
times during a year. To achieve such staggered expiration dates, initial
licenses or permits may be issued for a period up to three years.
f. 1. The commissioner may issue temporary licenses and permits upon
the furnishing of information and an application in such form and detail
as such commissioner may prescribe and the payment of a fee pro-rated in
accordance with the schedule of fees set forth in section 17-308 of this
subchapter, but in no event shall the fee for such temporary license be
less than ten dollars or the fee for such temporary permit be less than
fifteen dollars.
2. In addition to the conditions set forth in section 17-310 of this
subchapter a temporary license shall be renewable by the licensee within
one year of its expiration date provided that the licensee meets all
other 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.
3. (a) (i) On and after July thirtieth, nineteen hundred eighty-three,
no new temporary permits shall be issued until the number of such
permits which are in effect is less than one thousand. Thereafter, the
maximum number of such permits which may be in effect shall be one
thousand and no new permits shall be issued in excess of such maximum
number. Notwithstanding the limitations on the issuance of new temporary
permits, a temporary permit issued prior to July thirtieth, nineteen
hundred eighty-three shall be renewable by the licensee to whom the
permit was issued within one year of its expiration date subject to the
provisions of clause (ii) of this subparagraph and provided that all
other requirements for renewal under the provisions of this subchapter
and any rules promulgated pursuant thereto are complied with, the
license of the person to whom the permit was issued or the permit has
not been revoked or suspended and the licensee has not committed a
violation or violations which could be a basis for license or permit
revocation or suspension.
(ii)(A) Except as otherwise provided in item (B) of this clause, on
and after January first, nineteen hundred ninety-six, and on every
renewal date thereafter, a permit holder may not renew more than one
permit, whether full-term or temporary. Such permit shall be renewed
provided that all other requirements for renewal under the provisions of
this subchapter and any rules promulgated pursuant thereto are complied
with, the license of the person to whom the permit was issued or the
permit has not been revoked or suspended and such person has not
committed a violation or violations which could be a basis for permit or
license suspension or revocation.
(B)(I) Notwithstanding any other provision of law to the contrary, on
and after the effective date of the local law which added this subitem,
any person who is an exclusive distributor or a manufacturer of a food
product and who on February third, nineteen hundred ninety-five was an
exclusive distributor or a manufacturer of such food product who held
more than one temporary permit issued pursuant to this subchapter, may
be issued the number of additional temporary permits such person held on
February third, nineteen hundred ninety-five and, in addition, may
continue to hold one full-term permit issued pursuant to this subchapter
if such exclusive distributor or manufacturer held one full-term permit
issued pursuant to this subchapter on the effective date of the local
law which added this subitem. A written agreement evidencing an
exclusive distributorship shall be proof satisfactory that an applicant
for multiple temporary permits was an exclusive distributor of a food
product on February third, nineteen hundred ninety-five and is an
exclusive distributor of such food product at the time of such
application. Any written agreement evidencing an applicant's status as
an exclusive distributor on February third, nineteen hundred ninety-five
shall have been in effect on such date.
(II) Any person who is eligible for the issuance of additional
temporary permits pursuant to subitem (I) of this item shall be issued a
maximum of sixty temporary permits.
(III) Additional temporary permits shall be issued pursuant to subitem
(I) of this item only to persons who are eligible therefor who have not
at the time of application for such additional temporary permits had a
permit issued pursuant to this subchapter revoked or suspended and who
satisfy the commissioner that they are fit and able to conduct, maintain
and operate a food vending business. Such permits shall be renewed
provided that all other requirements for renewal under the provisions of
this subchapter and any rules promulgated pursuant thereto are complied
with, the license of the person to whom the permits were issued or the
permits have not been revoked or suspended and such person has not
committed a violation or violations which would be a basis for permit or
license suspension or revocation.
(IV) Nothing contained in subitem (I) of this item shall be construed
as authorizing the issuance of full-term or temporary permits in excess
of the numbers of such permits that are authorized to be issued pursuant
to paragraph two of subdivision b of this section or clause (i) of this
subparagraph.
(b) On and after January first, nineteen hundred ninety-five,
temporary permits shall be issued only to persons who have not had a
temporary permit revoked or suspended and who satisfy the commissioner
that they are fit and able to conduct, maintain or operate a food
vending business.
(c) The issuance or renewal of a temporary permit pursuant to this
subchapter 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 and within six
months after such certification, passing such inspection.
(d) The commissioner shall establish a separate waiting list for the
issuance of temporary permits pursuant to this subchapter 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 such waiting list.
(e) Temporary permits and temporary licenses issued pursuant to this
subchapter shall be valid only during the period of time beginning on
April first and ending on October thirty-first of each calendar year.
g. For purposes of determining the number of full-term or temporary
permits held by a permittee pursuant to subdivisions b and f of this
section, the following provisions shall apply:
1. A natural person shall be deemed to hold the full-term or temporary
permits issued in the name of such natural person's unemancipated child,
a partnership in which such natural person is a partner, a corporation
in which such natural person is an officer, director or shareholder, or
a limited liability company in which such natural person is a member,
manager or officer.
2. A corporation shall be deemed to hold the full-term or temporary
permits issued in the name of:
(a) an officer, director or shareholder of such corporation;
(b) another corporation where such corporation and such other
corporation share a common officer, director or shareholder, or such
corporation or any of its officers, directors or shareholders has any
direct or indirect interest in such other corporation;
(c) a limited liability company where such corporation or any of its
officers, directors or shareholders is a member, manager or officer of
such limited liability company, or such corporation or any of its
officers, directors or shareholders has any direct or indirect interest
in such limited liability company; or
(d) a partnership where such corporation or any of its officers,
directors or shareholders is a partner in such partnership, or such
corporation or any of its officers, directors or shareholders has any
direct or indirect interest in such partnership.
3. A limited liability company shall be deemed to hold the full-term
or temporary permits issued in the name of:
(a) a member, manager or officer of such limited liability company;
(b) another limited liability company where such limited liability
company and such other limited liability company share a common member,
manager or officer, or such limited liability company or any of its
members, managers or officers has any direct or indirect interest in
such other limited liability company;
(c) a corporation where such limited liability company or any of its
members, managers or officers is an officer, director or shareholder in
such corporation, or such limited liability company or any of its
members, managers or officers has any direct or indirect interest in
such corporation; or
(d) a partnership where such limited liability company or any of its
members, managers or officers is a partner in such partnership, or such
limited liability company or any of its members, managers or officers
has any direct or indirect interest in such partnership.
4. A partnership shall be deemed to hold the full-term or temporary
permits issued in the name of:
(a) a partner of such partnership;
(b) another partnership where such partnership is a partner in such
other partnership, such partnership and such other partnership share a
common partner, or such partnership or any of its partners has any
direct or indirect interest in such other partnership;
(c) a corporation where such partnership or any of its partners is an
officer, director or shareholder in such corporation, or such
partnership or any of its partners has any direct or indirect interest
in such corporation; or
(d) A limited liability company where such partnership or any of its
partners is a member, manager or officer in such limited liability
company, or such partnership or any of its partners has any direct or
indirect interest in such limited liability company.
Section 17-308
§ 17-308 Fees. a. The annual fees for licenses and permits set forth
in subdivisions b and c of this section shall be payable at the time of
application for a license or permit or renewal thereof, except as
otherwise provided in subdivision e of section 17-307 of this
subchapter.
b. The annual fee for a license or renewal thereof shall be
twenty-five dollars; provided, however, that for an initial license
issued for more than two years the applicable license fee shall be
increased proportionally to the nearest quarter year.
c. The annual fee for a permit or renewal thereof shall be:
1. For a pushcart or vehicle selling prepackaged food or for a fresh
fruits and vegetables permit: fifty dollars for the first year and
twenty-five dollars for each year thereafter.
2. For a vehicle selling foods prepared or processed therein: one
hundred dollars.
d. The fee for issuing a duplicate license, permit or plate when the
original has been lost, destroyed or mutilated shall be: ten dollars.
e. A person holding a license 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.
Section 17-308.1
§ 17-308.1 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 such veteran.
Section 17-309
§ 17-309 Applications; hearings. a. All applications for a license or
permit shall be accompanied by payment of the fee and shall be in such
form and detail as the commissioner may prescribe.
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. If the
applicant is applying for a permit to vend food from a vehicle or
pushcart in a public place, the name, home address and license number of
every food vendor who will be authorized to operate such applicant's
vehicle or pushcart and the legal relationship between such applicant
and such food vendor.
2. A description of the food to be offered for sale and a description
of the vehicle or pushcart to be used and a statement whether or not the
application is for a fresh fruits and vegetables permit.
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 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.
5. 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 or pushcart 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 shareholders.
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. No City officer or employee shall inquire about an applicant's
immigration or citizenship status as part of an application made
pursuant to this section. Information about an applicant's immigration
or citizenship status shall not affect the consideration of the
application for a food vendor's license or renewal thereof.
8. 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.
c. Only a licensed food vendor may be issued a vehicle or pushcart
permit. The application for such permit shall set forth the information
required in paragraphs one, two, four, five, six and seven of
subdivision b of this section and such other information as the
commissioner may prescribe.
d. Upon approval of an application the commissioner shall issue a
license to the applicant for a license and a permit and plate to the
applicant for a vehicle or pushcart permit. Such license shall contain
the name and address of the licensee, his or her license number and a
non-removable photograph of such licensee. The plate shall indicate
whether or not the permit is a fresh fruits and vegetable permit.
Section 17-310
§ 17-310 Procedures for renewal of license or permit and finance
rules. a. An application for renewal of a license or permit shall be
filed with the appropriate fee for such renewal, 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, in such form and containing such information as he or she shall
require, indicating payment of all applicable taxes imposed by title
eleven of the code and administered by the commissioner of finance, at
least thirty days prior to the expiration date 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. The commissioner of finance shall promulgate rules and regulations
establishing (1) such standards of sales tax payments sufficient to
indicate that operating as a food 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.
Section 17-311
§ 17-311 Display of license or plate. a. Each food vendor shall carry
his or her license upon his or her person and it shall be exhibited upon
demand to any police officer, public health sanitarian or other
authorized officer or employee of the city.
b. The food vendor's license shall be worn conspicuously by him or her
at all times while he or she is operating as a food vendor.
c. The permit plate shall be firmly affixed to the vending vehicle or
pushcart in a conspicuous place.
d. Vendors issued fresh fruits and vegetables permits pursuant to
paragraph four of subdivision b of section 17-307 of the administrative
code of the city of New York shall carry upon their person a laminated
or similarly durable and easily readable map, prepared and issued to
them by the commissioner, designating those areas of the city in which
they are authorized to vend. Those persons issued a fresh fruits and
vegetables permit found to be vending from green carts and vehicles in
precincts other than those designated on their borough-specific permits
shall be deemed to be operating such vehicle or pushcart without a
permit.
Section 17-312
§ 17-312 Notification of change. The commissioner shall be notified of
any change in the information provided on an application for a license
or a permit within ten days of such change.
Section 17-313
§ 17-313 Bookkeeping requirements. Each food vendor shall keep such
written records as the commissioner or board may prescribe of daily
gross sales, purchases and expenses, including receipts for
expenditures, and shall make such records available for inspection by
any authorized officer or employee of the city.
Section 17-314
§ 17-314 Duties of licensees and permittees. Each person issued a food
vendor license or a permit to vend food from a vehicle or pushcart in a
public place shall:
a. Permit regular inspections by the department of any vehicle or
pushcart used in the operation of his or her business, any premises
under his or her control in which food intended to be sold or offered
for sale by him or her as a food vendor is prepared, processed or stored
and present such vehicle or pushcart for inspection at such place and
time as may be designated by the department;
b. Provide to the commissioner or any other authorized officer or
employee of the city, the addresses and names of the owners of such
service rooms, commissaries or distributors from whom such licensee
receives his or her food and also the address at which such vendor
stores his or her food and vehicle or pushcart;
c. Not use or permit anyone else to use a food vending vehicle or
pushcart for vending any foods other than those authorized for sale by
the commissioner or board unless prior written approval has been
obtained from the commissioner or board; provided, however, that an
exclusive distributor who has been issued more than one temporary permit
pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a)
of paragraph three of subdivision f of section 17-307 of this subchapter
must primarily vend or permit anyone else using a pushcart or vehicle
for which such exclusive distributor has a temporary permit to primarily
vend, the food product that was the subject of the exclusive
distribution agreement that such exclusive distributor had with a
manufacturer on February third, nineteen hundred ninety-five, and,
provided further, that a manufacturer who has been issued more than one
temporary permit pursuant to subitem (I) of item (B) of clause (ii) of
subparagraph (a) of paragraph three of subdivision f of section 17-307
of this subchapter must primarily vend or permit anyone else using a
pushcart or vehicle for which such manufacturer has a temporary permit
to primarily vend, the product that such manufacturer sold from a
pushcart or vehicle on February third, nineteen hundred ninety-five;
d. 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;
Section 17-314.1
§ 17-314.1 Transferability. a. No license, permit or plate issued
under this subchapter shall be assignable or transferable.
b. No vehicle or pushcart used to vend food in a public place shall be
assignable or transferable with a license, permit or plate that has been
issued under this subchapter attached thereto.
c. A transfer in violation of this section shall be deemed to have
occurred where, if a corporation is the permittee, there has been a
change in fifty percent or more of the ownership interest in such
corporation from the ownership interest existing on the date the permit
was issued, or where the permittee is a limited liability company, where
there has been the addition of any member, and where the permittee is a
partnership, where there has been the addition of any partner.
Furthermore, any such transfer in an exclusive distributor or a
manufacturer who has been issued more than one temporary permit pursuant
to item (B) of clause (ii) of subparagraph (a) of paragraph three of
subdivision f of section 17-307 of this subchapter shall result in the
automatic revocation of all such additional temporary permits issued to
such persons pursuant to such provision.
d. Notwithstanding the provisions in subdivisions a, b and c of this
section:
1. the commissioner may, in his or her discretion, transfer a permit
to a dependent husband, wife, domestic partner or child of an
incapacitated or deceased person to whom the permit was issued under
this subchapter;
2. an exclusive distributor or a manufacturer who has been issued more
than one temporary permit pursuant to item (B) of clause (ii) of
subparagraph (a) of paragraph three of subdivision f of section 17-307
of this subchapter may lease a vehicle or pushcart owned by such
exclusive distributor or manufacturer with such exclusive distributor's
or manufacturer's temporary permit attached thereto to a person licensed
as a food vendor pursuant to this subchapter if (a) such exclusive
distributor or manufacturer files with the department the bill of sale
or other proof of ownership for such vehicle or pushcart with a duly
issued sales tax receipt attached thereto; (b) such lease agreement sets
forth the food product which may be primarily sold using such vehicle or
pushcart; and (c) such lease agreement is approved by the department,
provided, however, that if such lease agreement is not approved or
disapproved within thirty calendar days after such lease agreement is
filed with the department, such lease agreement shall be deemed to be
approved by the department. The commissioner shall promulgate rules
establishing the standards by which the department shall evaluate such
lease agreements and such standards shall include, but not be limited
to, requirements that such lease agreements contain fair and reasonable
terms based upon such factors as the cost of purchasing and maintaining
such pushcart or vehicle and that the terms of such lease agreement are
the result of an arm's length negotiation between the parties thereto.
Subleasing of any such vehicle or pushcart owned by such exclusive
distributor or manufacturer with such exclusive distributor's or
manufacturer's temporary permit attached thereto is strictly prohibited.
Authorized officers and employees of the department of small business
services and the department of investigation may assist the commissioner
and the department in effectuating the provisions of this paragraph. Any
violation or violations of the provisions of this paragraph or any rules
promulgated hereunder by an exclusive distributor or a manufacturer who
has been issued more than one temporary permit pursuant to item (B) of
clause (ii) of subparagraph (a) of paragraph three of subdivision f of
section 17-307 of this subchapter may be the basis for suspension or
revocation of all of the permits issued to such exclusive distributor or
manufacturer pursuant to this subchapter.
Section 17-315
§ 17-315 Restrictions on the placement of vehicles and pushcarts;
vending in certain areas restricted or prohibited. a. No pushcart shall
be placed upon any sidewalk unless said sidewalk has at least a twelve
foot clear pedestrian path to be measured from the boundary of any
private property to any obstruction in or on the sidewalk, or if there
are no obstructions, to the curb. In no event shall any pushcart be
placed on any part of a sidewalk other than that which abuts the curb.
b. No vending vehicle or pushcart or any other item related to the
operation of a food vendor's business shall touch, lean against, or be
affixed permanently or temporarily 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, taxi stands, refuse baskets or traffic barriers.
c. All items relating to the operation of a food vending business
shall be kept in or under the vending vehicle or pushcart, except that
samples of the non-perishable items sold may be displayed on the vending
vehicle or pushcart. No items relating to the operation of a food
vending business other than an adjoining acceptable waste container
shall be placed upon any public space adjacent to the vending vehicle or
pushcart, and no food shall be sold except from an authorized vehicle or
pushcart.
d. No vending pushcart shall be located against display windows of
fixed location businesses, nor shall they be within twenty feet of any
entranceway to any building, store, theatre, movie house, sports arena
or other place of public assembly, or within twenty feet from exits,
including service exits, to buildings that are exclusively residential
at the street level.
e. No food vendor shall vend within any bus stop, taxi stand, within
the portion of the sidewalk abutting any no standing zone adjacent to a
hospital as defined in subdivision one of section 2801 of the New York
state public health law, within ten feet of any driveway, any subway
entrance or exit, or any crosswalk at any intersection.
f. Each food vendor who vends from a pushcart or vehicle 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 food
vendor vend so as to restrict the continued maintenance of a clear
passageway for vehicles.
h. No food vendor shall vend on the median strip of a divided roadway
unless such strip is intended for use as a pedestrian mall or plaza.
i. No vendor shall vend within 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 and
permit in accordance with this subchapter.
j. Where exigent circumstances exist and a police officer or other
authorized officer or employee of the city gives notice to a food vendor
to temporarily move from a location such vendor shall not vend from such
location. For the purpose 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 at
or near such location, an accident, fire or other emergency situation at
or near such location, or a parade, demonstration, or other such event
or occurrence at or near such location.
k. No food vendor shall vend on any street at any time where and when
the operation of any food vending business is prohibited pursuant to
either local law or section 20-465.1 of the code and any rules
promulgated pursuant thereto. No food vendor shall vend 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.
l. Food vendors shall be prohibited from vending on the following
streets at the following days and times:
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; Vanderbilt 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.
Section 17-316
§ 17-316 Prohibitions. No person shall sell, give or otherwise
transfer any food to an unlicensed food vendor for resale.
Section 17-317
§ 17-317 Issuance, renewal, suspension and revocation of licenses and
permits. a. The commissioner may refuse to issue a food vendor license
or a permit to vend food from a vehicle or pushcart in a public place,
and may, after due notice and an opportunity to be heard, in addition to
any other penalties provided herein, refuse to renew, suspend or revoke
a food vendor license or a permit to vend food from a vehicle or
pushcart in a public place, upon the occurrence of any one or more of
the following conditions:
1. the applicant, licensee, permittee, its officers, directors,
shareholders, members, managers or employees have made a material false
statement or concealed a material fact in connection with:
(a) an application for a food vendor license or a permit to vend food
from a vehicle or pushcart in a public place; or
(b) the sale of any item of food.
2. the applicant, licensee, permittee, its officers, directors,
shareholders, members, managers or employees have been found guilty of
four or more violations of this subchapter or any rules promulgated
pursuant thereto within a two-year period or have been found guilty of a
violation of the provisions of part fourteen of the state sanitary code
or of the New York city health code, or the applicant, licensee,
permittee, its officers, directors, shareholders, members, managers or
employees have pending any unanswered summonses for violation of this
subchapter or any rules promulgated pursuant thereto.
3. 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.
4. with respect to renewal of a food vendor license, a licensee is not
in compliance with the rules promulgated by the commissioner of finance
pursuant to subdivision b of section 17-310 of this subchapter.
5. A licensee issued a "fresh fruits and vegetables" permit, pursuant
to paragraph 4 of subdivision b of section 17-307 of this subchapter, is
found to be vending food other than fresh fruits and vegetables or is
found to be vending in a police precinct other than one in which the
licensee is authorized to vend in accordance with his (her)
borough-specific permit.
b. The commissioner shall not issue or renew a food vendor license or
a permit to vend food from a vehicle or pushcart in a public place if
the applicant, licensee, permittee, its officers, directors,
shareholders, members, managers or employees have failed to pay any
fine, penalty or judgment duly imposed pursuant to the provisions of
this subchapter or any rules promulgated thereunder.
c. 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 subchapter 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 commissioner 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 subchapter or any rules promulgated pursuant
thereto.
d. Unless otherwise provided in section 17-314.1 of this subchapter,
the commissioner shall not renew a permit to vend food from a vehicle or
pushcart in a public place where the permittee has died if the permittee
is a natural person, or if the permittee is a corporation, where there
has been a change in fifty percent or more of the ownership interest in
such corporation from the ownership interest existing on the date the
permit was issued; where the permittee is a limited liability company,
where there has been the addition of any member or where such limited
liability company has been dissolved, and where the permittee is a
partnership, where there has been the addition of any partner or where
such partnership has been dissolved.
e. Each applicant, licensee and permittee shall notify the department
in writing by registered mail, return receipt requested, within three
business days of receipt of a notice of service of a summons for a
violation relating to conducting, maintaining or operating a food
vending business and a conviction of such applicant, licensee,
permittee, its officers, directors, shareholders, members, managers or
employees for any offense occurring after the filing date of the
application for a license or permit or a renewal thereof or occurring
during the term of the license or permit.
f. Any person issued a food vendor license pursuant to this subchapter
who commits three or more violations of the provisions of this
subchapter and any rules promulgated thereunder within a two year period
shall have his or her food vendor license revoked.
Section 17-318
§ 17-318 Notice; hearings. Unless otherwise specifically provided,
notice and hearing upon denial of an application or suspension or
revocation of a license shall be in accordance with applicable
provisions of the New York city health code.
Section 17-320
§ 17-320 Exemptions. a. The commissioner or board may promulgate rules
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.
b. Notwithstanding any other provision of this subchapter, a person
may be issued more than one full-term or temporary food vendor permit to
vend in any area under the jurisdiction of the department of parks and
recreation pursuant to an agreement entered into in accordance with
chapter fourteen of the charter. Such person shall be exempt from any
provisions of this subchapter restricting the number of full-term or
temporary food vendor permits that may be issued to any one person and
the full-term or temporary food vendor permits issued to such persons
also shall be exempt from any provisions of this subchapter restricting
the total number of full-term and temporary food vendor permits that may
be issued. Such permits shall be subject to all other provisions,
limitations and conditions imposed by this code or the health code, and
all rules promulgated thereunder.
Section 17-321
§ 17-321 Enforcement. a. Public health sanitarians or other authorized
officers or employees of the department and police officers shall have
the power to enforce all laws, rules and regulations relating to food
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 food vendor does not move his or her vehicle or pushcart when
directed to do so by a police officer or other authorized officer or
employee of the city in compliance with the provisions of subdivision k
of section 17-315 of this subchapter, such officer or employee may
provide for the removal of such vehicle or pushcart to any garage,
automobile pound or other place of safety, and the owner or other person
lawfully entitled to the possession of such vehicle or pushcart may be
charged with reasonable costs for such removal and storage, payable
prior to the release of such vehicle or pushcart.
c. An officer or employee designated in subdivision a of this section
may seize any vehicle or pushcart 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 of parks and recreation or the department of small business
services, without the written authorization of the commissioner of such
department, or (iii) is being used by an unlicensed vendor, or (iv) is
being used to vend 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, or (v) is selling food not
authorized by the permit, and may seize any food sold or offered for
sale from such vehicle or pushcart. Such vehicle, pushcart or food shall
be subject to forfeiture as provided in section 17-322 of this
subchapter. 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, vehicle or pushcart unless the charge
of vending without a permit or vending without a license or vending
without the authorization of such commissioner is dismissed.
d. If a food vendor operates any food vending business on any street
at any time where and when the operation of any food vending business is
prohibited pursuant to the provisions of section 20-465.1 of the code
and any rules promulgated pursuant thereto, or if a food vendor operates
a food vending business 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, 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 food vendor's food,
vehicle or pushcart to any garage, automobile pound or other place of
safety, and the owner or other person lawfully entitled to the
possession of such vehicle or pushcart or food may be charged with
reasonable costs for removal and storage.
e. Any notice of violation issued to a food vendor by an officer or
employee described in subdivision a of this section that is returnable
to the environmental control board shall state the permit number of the
vehicle or pushcart associated with such notice of violation.
Section 17-322
§ 17-322 Forfeitures. a. In addition to any penalties imposed pursuant
to subdivision a of section 17-325 of this subchapter upon any person
found guilty of violating subdivision a, b or c of section 17-307 of
this subchapter, all property seized pursuant to this subchapter 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, after deduction of the lawful expenses incurred,
shall be paid into the general fund of the city of New York.
Section 17-323
§ 17-323 Seizure of perishable food. In the event that a seizure made
pursuant to this subchapter 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.
Section 17-324
§ 17-324 Rules. The commissioner or board shall make such rules as
deemed necessary for the proper implementation and enforcement of this
subchapter.
Section 17-325
§ 17-325 Penalties. a. Any person who violates the provisions of
subdivision a, b, or c of section 17-307 of this subchapter shall be
guilty of a misdemeanor, punishable by a fine of not less than one
hundred fifty dollars nor more than one thousand dollars, or by
imprisonment for not more than three months or by such fine and
imprisonment.
b. Except as provided in subdivision a of this section, a person who
violates any provision of this subchapter or any of the rules or
regulations promulgated hereunder shall be guilty of an offense
punishable by the court as follows:
1. For the first violation, a fine of not less than twenty-five nor
more than fifty dollars.
2. For the second violation issued for the same offense within a
period of two years of the date of a first violation, a fine of not less
than fifty dollars nor more than one hundred dollars.
3. For a third violation issued for the same offense 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 and fifty dollars, in
addition to the remedy provided for in subdivision f of section 17-317
of this subchapter.
4. For any subsequent violations issued for the same offense within a
period of two years of the date of a first violation, a fine of not more
than five hundred 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 subdivision a, b, or c of section 17-307 of
this subchapter shall be liable for a civil penalty of not less than one
hundred fifty dollars nor more than one thousand dollars together with a
penalty of one hundred 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 of the provisions of this
subchapter, other than subdivision a, b, or c of section 17-307 of this
subchapter, or any of the rules and regulations promulgated hereunder
shall be liable for a civil penalty as follows:
(a) For the first violation, a penalty of not less than twenty-five
nor more than fifty dollars.
(b) For the second violation issued for the same offense within a
period of two years of the date of a first violation, a penalty of not
less than fifty dollars nor more than one hundred dollars.
(c) For the third violation issued for the same offense 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 and fifty
dollars, in addition to the remedy provided for in subdivision f of
section 17-317 of this subchapter.
(d) For any subsequent violations issued for the same offense within a
period of two years of the date of a first violation, a penalty of not
more than five hundred dollars.
d. A proceeding to recover any civil penalty authorized pursuant to
the provisions of subdivision c of this section shall be commenced by
the service of a notice of violation which shall be returnable to the
environmental control board or the administrative tribunal established
by the board of health. The environmental control board or the board of
health's administrative tribunal shall have the power to impose the
civil penalties prescribed by subdivision c of this section.
Section 17-325.1
§ 17-325.1 Failure to display and produce license or permit;
presumptive evidence of unlicensed or unpermitted activity. a. In any
civil or criminal action or proceeding, failure by a food vendor who is
required to be licensed pursuant to the provisions of this chapter to
display and exhibit upon demand a food vendor's license in accordance
with the provisions of this chapter to any police officer, public health
sanitarian or other authorized officer or employee of the department or
other city agency shall be presumptive evidence that such food vendor is
not duly licensed.
b. In any civil or criminal action or proceeding, the failure of any
vehicle or pushcart which is required to be permitted pursuant to the
provisions of this chapter to have a permit plate affixed thereto in
accordance with the provisions of this chapter shall be presumptive
evidence that such vehicle or pushcart is not duly permitted.
Section 17-325.2
17-325.2 Reports on vendor license and permit renewals, suspensions
and revocations. Commencing on June 1, 2013, and every twelve months
thereafter, the department shall issue an annual report to the council
with respect to food vendor licenses and pushcart or vehicle permits.
Each report shall include the following information for the twelve-month
period prior to the issuance of the report: (i) the number of food
vendor license renewals denied and the basis for each such denial,
including but not limited to outstanding or multiple violations of the
provisions of subchapter two of chapter three of title 17 of the
administrative code; (ii) the number of food vending pushcart or vehicle
permit renewals denied and the basis for each such denial, including but
not limited to outstanding or multiple violations of the provisions of
subchapter two of chapter three of title 17 of the administrative code;
(iii) the number of food vendor license suspensions pursuant to section
17-317 of the administrative code and the basis for each such
suspension; (iv) the number of food vending pushcart or vehicle permit
suspensions pursuant to section 17-317 of the administrative code and
the basis for each such suspension; (v) the number of food vendor
license revocations pursuant to section 17-317 of the administrative
code and the basis for each such revocation; and (vi) the number of food
vending pushcart or vehicle permit revocations pursuant to 17-317 of the
administrative code and the basis for each such revocation.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.