Section 20-228
§ 20-228 Definitions. Whenever used in this subchapter, the following
shall mean:
a. Newsstand. A not readily removable stand or booth operated
primarily for the sale of newspapers and periodicals.
b. Area occupied. The sidewalk space occupied when a newsstand is in
operation including any space occupied by the stand itself, including
racks, tables, doors or anything which prevents ordinary use of the
sidewalks.
c. Franchise. A franchise granted pursuant to chapter fourteen of the
city charter to construct, install and maintain newsstands in the city
of New York. For purposes of this subchapter, the date upon which a
franchise is granted shall be the date on which such franchise is
registered in accordance with chapter fourteen of the city charter.
d. Franchisee. A person granted a franchise.
e. Replacement newsstand. Either (i) a newsstand that replaces a
newsstand at the same location, provided that the license pursuant to
section 20-229 of this code for the newsstand that is being replaced is
in full force and effect on the date such franchise is granted, or (ii)
a newsstand constructed and installed at any location approved by the
department of transportation to replace a newsstand that the city
requires, for any reason, to be permanently removed from the location
for which it is licensed, provided such license is in full force and
effect at the time removal is required.
f. Stoop line stand. A stand or booth operated on a sidewalk for the
sale or display of the articles enumerated in subdivision b of section
20-233 of this subchapter, which shall be subject to the restrictions
and requirements of sections 20-233 through 20-241 of this subchapter.
Section 20-229
§ 20-229 License required. No person shall maintain or operate a
newsstand unless licensed pursuant to this subchapter, and unless the
operation of the newsstand is his or her principal employment. No
license shall be issued to an individual for the operation of a
newsstand that is not a replacement newsstand and that has been
constructed and installed by a franchisee pursuant to a franchise unless
such operator has reimbursed such franchisee for the costs of
construction and installation of such newsstand as determined by the
department in accordance with paragraph two of subdivision c of section
20-241.1 of the code.
Section 20-230
§ 20-230 Preferences; employment; fee. a. When there are competing
applications for a certain location, a preference in granting a license
shall be shown as follows:
1. Disabled veterans;
2. Handicapped persons as defined by the department;
3. Veterans who are not disabled;
4. Persons over the age of sixty-two.
All Licensees shall be residents of New York City.
b. The biennial fee for a license to operate a newsstand shall be one
thousand seventy-six dollars.
Section 20-231
§ 20-231 Restrictions; size. a. No newsstand shall be within three
feet of private property without the consent of the owner of that
property.
b. Items other than newspapers, magazines, periodicals, and prepaid
telecommunication or transit cards may be offered for sale from a
newsstand if they are sold for less than ten dollars exclusive of taxes;
provided, however, that apparel, jewelry, hair ornaments, handbags and
video cassettes shall not be offered for sale from a newsstand and that
if food items are offered for sale, they must be prepackaged.
c. No new license shall be issued under section 20-229 unless approval
for the location has been obtained from the department of
transportation.
d. 1. No license issued under section 20-229 shall be renewed if the
department of transportation determines that the newsstand so licensed
poses an obstruction to the free use of sidewalks by pedestrians at the
time of review.
2. On and after the effective date of the local law that adds this
paragraph two to this subdivision d of this section, a newsstand shall
not be eligible for a renewal if the area of the sidewalk occupied by it
exceeds seventy-two square feet or such newsstand exceeds nine feet in
height.
(a) On and after such date, such newsstand that was first licensed on
or after the first day of August, nineteen hundred ninety-one shall not
pose an obstruction to the free use of the sidewalks by pedestrians if
the location of such newsstand does not
(i) reduce the area maintained on the sidewalk for pedestrian movement
below a width of nine and one-half feet.
(ii) place the proposed newsstand within five feet of a fire hydrant.
(iii) create a level of service at the proposed location for the peak
fifteen minutes of the peak hour of a pedestrian flow rate equal to or
greater than eleven people per minute per linear foot of clear path, as
determined by the department of transportation.
(iv) place the proposed newsstand within fifteen feet of an entrance
to or exit from a subway.
(v) extend into the area encompassed by the extension of the property
lines from the buildings to the curb at the intersection of two streets
and the area ten feet on either side of such lines.
(vi) extend into a bus stop.
(vii) otherwise create a hazardous condition. For purposes of this
subparagraph, a hazardous condition shall include, but not be limited
to, the location of a newsstand less than one foot, six inches from the
curb, under a fire escape, within ten feet of a driveway or parking lot
or within two feet from underground access points, such as utility
access openings, ventilation grills, or cellar doors.
(b) On and after such date, a newsstand that was first licensed prior
to the first day of August, nineteen hundred ninety-one shall not pose
an obstruction to the free use of the sidewalks by pedestrians if the
location of such newsstand does not
(i) reduce the area maintained on the sidewalk for pedestrian movement
below a width of nine and one-half feet.
(ii) place the proposed newsstand within five feet of a fire hydrant.
(iii) create a level of service at the proposed location for the peak
fifteen minutes of the peak hour of a pedestrian flow rate equal to or
greater than eleven people per minute per linear foot of clear path, as
determined by the department of transportation.
(iv) violate the restrictions on the location of newsstands in
subdivision f of this section, if such newsstand is located at the rear
or side of a subway entrance or exit kiosk.
(v) extend into the area encompassed by the extension of the property
lines from the buildings to the curb at the intersection of two streets.
(vi) otherwise create a hazardous condition. For purposes of this
subparagraph, a hazardous condition shall include, but not be limited
to, the location of a newsstand less than one foot, six inches from the
curb, under a fire escape, within ten feet of a driveway or parking lot
or within two feet from underground access points, such as utility
access openings, ventilation grills, or cellar doors.
e. No newsstand shall occupy an area of more than seventy-two square
feet or have a height of over nine feet. However, any newsstand that
occupied an area of more than seventy-two square feet on the first day
of August, nineteen hundred seventy-nine may continue to operate within
that area until the thirty-first day of July, nineteen hundred eighty.
In no event shall there be less than a width of nine and one-half feet
maintained on the sidewalk for pedestrian movement. The provision of
this section requiring that no less than nine and one-half feet be
maintained on the sidewalk for pedestrian movement shall not apply to
any newsstand which was first licensed by the department prior to the
first day of August, nineteen hundred seventy-nine where the person who
held the license for such newsstand on the first day of August, nineteen
hundred ninety-one continues to be the licensee for such newsstand;
provided, however, that where a newsstand which was first licensed prior
to the first day of August, nineteen hundred seventy-nine is
reconstructed in its entirety or in substantial part, which
reconstruction was commenced on or after the first day of August,
nineteen hundred ninety-one, such newsstand shall be subject to such
requirement that no less than nine and one-half feet be maintained on
the sidewalk for pedestrian movement.
f. Stands at subway entrance or exit kiosks shall be maintained at the
rear or side of such kiosks. Where such stand is located at the rear of
such entrance or exit it shall not be located within fifteen feet of the
front of any other entrance or exit and shall not be longer than the
width of the kiosk nor occupy an area of more than fifty square feet.
g. It shall be unlawful to erect a stand or booth under the stairs of
an elevated railway station, or a projection therefrom, which is wider
than the width of the stairs or which extends along the sidewalk a
greater distance than to a point where the undersurface is not over
seven feet from the level of the sidewalk.
h. 1. After November first, nineteen hundred seventy-nine, no
newsstand may be operated unless its design has been approved by the art
commission. The art commission shall evaluate newsstand designs in
conformity with guidelines to be established by the department of
consumer affairs. Approval or disapproval of a design submission shall
be issued within thirty days of filing an application with the
commission.
2. The department of transportation shall develop criteria for the
design of the interior of newsstands constructed and installed by a
franchisee pursuant to a franchise in consultation with available
representatives of newsstand licensees and available representatives of
publishers.
i. No advertising shall be placed on any newsstand other than exterior
advertising placed by a franchisee. Nothing herein shall be construed to
prohibit or limit the ability of the newsstand licensee to display legal
merchandise pursuant to rules promulgated by the department.
j. The licensee shall make reasonable efforts to maintain the
cleanliness of his or her newsstand. Such requirement shall not include
an obligation to maintain the exterior of a structure installed pursuant
to a franchise. The licensee shall make no alteration in the design or
dimensions of a newsstand constructed or installed by a franchisee.
k. 1. On and after the grant of a franchise, no new license shall be
granted except for operation of a newsstand installed and maintained
pursuant to such franchise, and approval of the location of a new
newsstand shall be made by the department of transportation in
accordance with rules of the department.
2. Notwithstanding any other provision of this section or the second
undesignated paragraph of section 15-205 of the code, a newsstand, the
location or dimensions of which were not in violation of the provisions
of this section or any rule promulgated pursuant thereto at the date of
the grant of a franchise and which complies with all of the terms and
conditions of such franchise, may be reconstructed at such location by
such franchisee if such reconstruction does not change the location of
such newsstand or expand the area occupied by such newsstand for any
reason, including compliance with the requirements of any provision of
law in effect at the time of such reconstruction, such as the
requirements of the Americans with Disabilities Act. If such
reconstruction results in a change in location or an expansion of the
area occupied by such newsstand, such newsstand may be reconstructed at
such changed or expanded location if that location complies with the
siting criteria applicable to the renewal of the license of such
newsstand in subparagraph (a) or (b) of paragraph two of subdivision d
of this section. If such reconstruction at such location would not
comply with such criteria, such newsstand may be relocated in accordance
with the process defined in paragraph five of this subdivision to a
location that meets the criteria in subparagraph (a) of such paragraph
two.
3. On or after the grant of such franchise, any newsstand applying for
renewal of a license issued pursuant to section 20-229 of this
subchapter may remain at its then current location if it meets the
siting criteria applicable to the renewal of the license of such
newsstand in subparagraph (a) or (b) of paragraph two of subdivision d
of this section, or, if such location does not meet such criteria, such
newsstand may be relocated in accordance with the process defined in
paragraph five of this subdivision to a location that meets the criteria
in subparagraph (a) of such paragraph two.
4. On or after the grant of such franchise, the department of
transportation shall not exercise its authority, by granting revocable
consents or other approvals, to authorize the installation of a
structure at a location that would render the location of a licensed
newsstand in violation of the siting criteria applicable to the renewal
of licenses in subparagraph (a) or (b), as applicable to the renewal of
the license of such newsstand, of paragraph two of subdivision d of this
section unless the commissioner of such department finds that such
installation is for the benefit of public health, safety, welfare or
convenience. In the event the installation of a structure not prohibited
by this paragraph four causes the location of a newsstand to be in
violation of such criteria, such newsstand may be relocated pursuant to
the process defined in paragraph five of this subdivision to a location
that meets the criteria in subparagraph (a) of such paragraph two.
5. (a) On or after the grant of such a franchise, a newsstand, the
location of which fails to meet the siting criteria applicable to the
renewal of the license of such newsstand in subparagraph (a) or (b) of
paragraph two of subdivision d of this section shall cease operation and
shall be removed from such location. A newsstand required by the
provisions of this paragraph to be relocated at any time shall be
eligible to be relocated to a site within a radius of five hundred feet
from such licensed location, referred to in this section as the
"catchment area", provided such site is identified by the licensee and
meets the siting criteria applicable to the renewal of licenses in
subparagraph (a) of paragraph two of subdivision d of this section.
Notwithstanding the preceding provisions of this subparagraph (a) of
this paragraph five, a newsstand, the license for which is in full force
and effect, shall not be required to be replaced before September
thirtieth, two thousand six, if the replacement of such newsstand is
required to occupy an expanded area solely because of the provisions of
the Americans with Disabilities Act, and the installation of such
newsstand at such expanded location would not meet the siting criteria
applicable to the renewal of the license of such newsstand in
subparagraph (a) or (b) of such paragraph two.
(b) If the department of transportation determines that there is no
site within such catchment area to which a newsstand may be relocated in
accordance with subparagraph (a) of this paragraph five, the licensee of
such newsstand may apply for a license for a new newsstand in accordance
with the applicable provisions of this subchapter.
6. The department of transportation shall conduct an inspection at the
time of the reconstruction and installation of a newsstand by a
franchisee in accordance with paragraph two of this subdivision. In
addition, such department shall conduct inspections of all newsstands in
the year two thousand eight and every six years thereafter to determine
whether the location for which each newsstand is licensed violates any
laws, rules or regulations applicable to the review by such department
of applications for the renewal of licenses, notwithstanding that the
term of such licenses is two years, and, except for determinations made
pursuant to inspections made in accordance with such paragraph two of
this subdivision at the time of the reconstruction and installation of a
newsstand by a franchisee, the determination by such department that
there is no such violation shall not be revised, except for a mistake of
fact, by such department until such six year period has elapsed.
Section 20-232
§ 20-232 Revocation. In addition to any other basis for revoking, a
newsstand license may be revoked upon a finding by the commissioner that
the location listed in the license was not utilized for a period of two
consecutive months or more or that the licensee is not using the stand
primarily for the sale of newspapers and periodicals.
Section 20-233
§ 20-233 Stoop line stands; license required; permitted use. a. It
shall be unlawful to maintain a stoop line stand without a license
therefor.
b. Stoop line stands shall be used for the sale or display of fruits,
vegetables, soft drinks, confectionery, ice cream, flowers or any of the
foregoing.
Section 20-234
§ 20-234 Stoop line stands on market streets. All such licenses shall
be issued by the commissioner, in his or her discretion, with the
consent of the owner of the abutting premises, provided however, that
where any such stand is to be located in front of any premises facing on
a market street, the license shall be issued by the commissioner of
small business services, in his or her discretion.
Section 20-235
§ 20-235 Stoop line stands; requirements. No such stand at a location
not licensed on the twenty-fourth day of July, nineteen hundred
thirty-five, shall be licensed if the proposed location of the stand is
within two hundred feet of any store in which any of such articles are
sold, or any of such services are rendered, except that the occupant of
a store may be licensed to maintain a stand in front of such store for
the sale of such articles or services as are provided within the store.
Section 20-236
§ 20-236 Stoop line stands; fees. The fee for such license shall be
based on the article or articles permitted to be sold or displayed as
follows:
1. For fruits, vegetables, soft drinks or combinations
thereof.............................eighty dollars
2. For confectionery................forty dollars
3. For ice cream....................forty dollars
4. For any combination of the foregoing, the license fee shall be the
total of the prescribed fees, except that such fee shall not exceed one
hundred dollars.
Section 20-237
§ 20-237 Stoop line stands; restrictions. a. Stoop line stands shall
not exceed seven feet in height. Every stoop line stand shall be
maintained wholly within the stoop line and shall not obstruct the free
use of the sidewalk by pedestrians. Stoop line stands shall not exceed
ten feet in length nor four feet in width, except as provided in
subdivision b of this section.
b. Where the sidewalk in front of the premises is at least sixteen
feet wide, such stoop line stand may extend up to ten feet in length and
five feet in width as long as a straight, unobstructed pathway of at
least nine and one-half feet is maintained at all times on the sidewalk
in front of the entire length of the premises where such stoop line
stand is located. Where the sidewalk in front of the premises is at
least twenty-one feet wide, and if the entire premises is located within
an M1, M2 or M3 zoning district, and if a stoop line stand on such
premises was licensed on or before the first day of September, two
thousand twelve, such stoop line stand may extend up to ten feet in
length and ten feet in width as long as a straight, unobstructed pathway
of at least nine and one-half feet is maintained at all times on the
sidewalk in front of the entire length of the premises where such stoop
line stand is located. In addition to any license fee required to be
paid pursuant to section 20-236 of this subchapter, an applicant seeking
to obtain or renew a license for any stoop line stand that extends
beyond five feet in width shall pay to the department an inspection fee
of seventy-five dollars for each stoop line stand that it seeks to
license. Such fee shall be paid with the application for such license
and shall be retained by the department regardless of whether the
license is granted.
c. It shall be unlawful for any person to lease or permit any other
person to use any space on the sidewalk located adjacent to such store
for the purpose of selling or displaying any merchandise. Violations of
this section shall be punishable by a fine of one hundred dollars per
day for each day said space is leased.
d. The commissioner shall promulgate any rules and regulations
necessary for the proper implementation of this section.
Section 20-238
§ 20-238 Stoop line stands; revocation of consent. The commissioner
who granted the license for any such stand or display shall revoke or
suspend it if the abutting owner files a written revocation of the
consent previously granted therefor in the office of such commissioner.
Section 20-239
§ 20-239 Approval. A stoop line stand shall not be licensed unless the
location thereof has been approved by the department of transportation.
No license shall be approved or renewed if the department of
transportation determines that the stoop line stand poses an obstruction
to the free use of sidewalks by pedestrians. Notwithstanding anything in
this subchapter to the contrary, if the department of transportation
determines that a stoop line stand which is permitted to extend more
than four feet in width pursuant to section 20-237 of this subchapter
poses an obstruction to the free use of sidewalks by pedestrians solely
because the width of such stoop line stand exceeds four feet, the
commissioner shall approve or renew such license at a width of four
feet.
Section 20-240
§ 20-240 Sleeping in stands prohibited. It shall be unlawful for any
person to sleep in any portion of any stand licensed under this
subchapter.
Section 20-240.1
§ 20-240.1 Enforcement. a. Where exigent circumstances exist and a
police officer or other authorized officer or employee of any city
agency gives notice to the owner or operator of a stand licensed
pursuant to section 20-233 of this subchapter to temporarily remove or
otherwise disassemble such stand, such owner or operator shall comply
with such notice and shall not continue to sell or display from such
stand. For the purposes of this subdivision, exigent circumstances shall
include, but not be limited to, unusually heavy pedestrian or vehicular
traffic, the existence of obstructions in the public space, and
accident, fire or other emergency situation, a parade, demonstration or
other such event at or near the location of such stand.
b. If an owner or operator of a stand licensed pursuant to section
20-233 does not remove or otherwise disassemble such stand when directed
to do so by a police officer or other authorized officer or employee of
the city in accordance with the provisions of subdivision a of this
section, such officer or employee is authorized to provide for the
removal of such owner's or operator's goods and stand to any garage,
automobile pound or other place of safety, and the owner or other person
lawfully entitled to the possession of such goods and such stand may be
charged with reasonable costs for removal and storage payable prior to
the release of such goods and such stand.
c. In the event that any seizure made pursuant to this section shall
include any perishable items or food products which cannot be retained
in custody without such items or food products becoming unwholesome,
putrid, decomposed or unfit in any way, they may be delivered to the
commissioner of health for disposition pursuant to the provisions of
section 17-323 of this code.
d. Any person who violates the provisions of this section or section
20-237 shall be considered to be an unlicensed general vendor or an
unlicensed food vendor and shall be subject to the penalty and
enforcement provisions of either subchapter twenty-five of chapter two
of this title or subchapter two of chapter three of title seventeen of
the code, whichever is applicable.
Section 20-241
§ 20-241 Licenses. Number of licenses. No person may hold more than
two licenses required under section 20-228 and/or section 20-234 of this
subchapter.
Section 20-241.1
§ 20-241.1 a. Newsstands installed and maintained pursuant to a
franchise. a. Construction. Upon the grant of a franchise, no person
shall construct or install a newsstand other than a franchisee granted
such a franchise. Newsstands installed and maintained pursuant to such a
franchise shall comply with all applicable law, rules and regulations.
b. Transition. Upon the grant of a franchise, each licensee operating
or maintaining a newsstand licensed pursuant to this subchapter shall be
provided with reasonable notice when such newsstand structure is to be
replaced by a newsstand installed and maintained pursuant to such
franchise at a location approved by the department of transportation and
instructions for applying for a replacement newsstand within the
catchment area of such newsstand. Such replacement shall be subject to
contractual incentives and/or penalties, if any, to ensure timely
replacement of the newsstand pursuant to such franchise. The licensee
shall have the option of removing the existing structure or such
structure shall be removed by the franchisee granted such franchise.
Operation of the newsstand licensed pursuant to this subchapter shall
cease during such time as the newsstand is replaced. Upon being notified
of the completion of the replacement of the newsstand, the licensee may
resume operation pursuant to the terms of his or her license and the
provisions of this subchapter.
c. Costs. 1. The cost of constructing and installing a replacement
newsstand by the franchisee pursuant to such franchise shall be borne by
the franchisee in accordance with such franchise. The cost of
constructing and installing a newsstand by the franchisee pursuant to
such franchise, which newsstand is not a replacement newsstand, shall be
borne by the licensee of such newsstand in accordance with paragraph two
of this subdivision.
2. A licensee who maintains or operates a newsstand that is not a
replacement newsstand and that has been constructed and installed by the
franchisee pursuant to such franchise shall reimburse the franchisee for
the cost of such construction and installation, which cost shall include
costs associated with any interior electric and/or telephone hook-ups to
the newsstand structure. The department shall determine the applicable
construction and installation costs for purposes of this paragraph,
which costs shall be limited to the costs incurred by the franchisee and
certified by the franchisee to the department.
d. Fees. A licensee licensed to maintain or operate a newsstand
constructed and installed by the franchisee pursuant to such franchise
shall be liable for the payment to the department of the biennial fee
for a license to operate a newsstand payable in accordance with
subdivision b of section 20-230 of the code.
e. Enforcement. Notwithstanding any other provision of law to the
contrary, the commissioner shall be authorized, after notice and an
opportunity to be heard, to order any person who is unlawfully operating
a newsstand that has been constructed or installed by a person other
than the franchisee in violation of subdivision a of this section to
remove such newsstand within seven days of the issuance of such order.
Such order shall be posted at the premises of such newsstand. If such
person does not remove such newsstand within seven days of the issuance
of such order, an authorized officer or employee of any city agency or a
police officer is authorized to provide for the removal of such person's
newsstand and the contents thereof to a place of safety. If such
newsstand or the contents thereof are not claimed within thirty days
after their removal, they shall be deemed to be abandoned and may be
either sold at a public auction after having been advertised in the City
Record, the proceeds thereof being paid into the general fund, used or
converted for use by the department or another city agency, or otherwise
disposed of. Newsstands and the contents thereof that are removed
pursuant to this subdivision shall be released to the owner or other
person lawfully entitled to possession upon payment of the costs for
removal and storage and any civil penalty imposed for the violation or,
if an action or proceeding for the violation is pending, upon the
posting of a bond or other form of security acceptable to the department
in an amount which will secure the payment of such costs and any penalty
which may be imposed for the violation. In the event that any removal
made pursuant to this subdivision shall include any perishable items,
goods, or food products which cannot be retained in custody without such
items, goods, or food products becoming unwholesome, putrid, decomposed
or unfit in any way, they may be delivered to the commissioner of health
and mental hygiene for disposition pursuant to the provisions of section
17-323 of this code.
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.
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