Section 20-452
§ 20-452 Definitions. For the purposes of this subchapter, the
following words and terms shall have the following meaning:
a. "Food". Any raw, cooked, or processed edible substances, beverages,
ingredients, ice or water used or intended for use or for sale in whole
or in part for human consumption.
b. "General vendor." A person who hawks, peddles, sells, leases or
offers to sell or lease, at retail, goods or services, including
newspapers, periodicals, books, pamphlets or other similar written
matter in a public space. This definition shall not include a food
vendor as defined in subdivision c of section 17-306 of chapter three of
title seventeen of this code, or a person required to be licensed under
section 20-229 of subchapter seven of chapter two of this title of this
code. This definition also shall not include persons who use stands or
booths in a public space for the shining of shoes. This definition shall
not include a pedicab driver licensed in accordance with subchapter nine
of this chapter, who is operating a pedicab registered pursuant to
subchapter nine and shall not include a pedicab owner licensed pursuant
to such subchapter.
c. "General vending business" or "vending business". The business of
selling, leasing or offering to sell or lease, at retail, goods or
services other than food, engaged in by a general vendor in a public
space.
d. "Public space". All publicly owned property between the property
lines on a street as such property lines are shown on the City Record
including but not limited to a park, plaza, roadway, shoulder, tree
space, sidewalk or parking space between such property lines. It shall
also include, but not be limited to, publicly owned or leased land,
buildings, piers, wharfs, stadiums and terminals.
e. "Pushcart". Any wheeled vehicle or device used by a general vendor
in a public space, other than a motor vehicle or trailer, which may be
moved with or without the assistance of a motor and which does not
require registration by the department of motor vehicles.
f. "Stand". A movable, portable or collapsible structure, framework,
device, container or other contrivance, other than a vehicle or
pushcart, used by a general vendor in a public space for the purpose of
displaying, keeping or storing any merchandise or article required by
him or her while acting as such vendor.
g. "Vehicle". A motor vehicle or trailer, as defined in the vehicle
and traffic law.
h. "Vend". To hawk, peddle, sell, lease, offer to sell or lease, at
retail, goods or services other than food in a public space.
Section 20-453
§ 20-453 License required. It shall be unlawful for any individual to
act as a general vendor without having first obtained a license in
accordance with the provisions of this subchapter, except that it shall
be lawful for a general vendor who hawks, peddles, sells or offers to
sell, at retail, only newspapers, periodicals, books, pamphlets or other
similar written matter, but no other items required to be licensed by
any other provision of this code, to vend such without obtaining a
license therefor.
Section 20-454
§ 20-454 License term; fees. a. All licenses issued pursuant to this
subchapter shall be valid for one year unless sooner suspended or
revoked. The commissioner shall establish by regulation the expiration
date of such licenses.
b. The commissioner may issue a temporary license upon the furnishing
of information and an application in such form and detail as he or she
may prescribe and upon the payment of a fee of ten dollars for such
temporary license.
c. The annual license fee for a license or a renewal thereof shall be
two hundred dollars.
d. The fee for issuing a duplicate license when the original has been
lost, destroyed or mutilated shall be ten dollars.
Section 20-455
§ 20-455 Applications. a. Each person applying for a general vendor's
license or renewal thereof shall file an application in such form and
detail as the commissioner may prescribe and, unless exempted by article
four of the general business law, shall pay the fee required by this
subchapter.
b. In addition to any other information required, the commissioner
shall require the following information:
1. The name and home address of the applicant and the name and address
of the owner, if other than the applicant, of any vehicle, pushcart,
stand or goods to be used in the vending business.
2. A description of the type of goods or services to be vended or
displayed and a description of any vehicle, pushcart or stand to be used
in the vending business.
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 complied with all applicable laws,
including compliance with section eleven hundred thirty-four of the tax
law by obtaining from the state tax commission of the state of New York
a certificate of authority designating the applicant's sales tax
identification number and a tax clearance certificate.
5. 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.
6. 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 general vendor's license or renewal thereof.
Section 20-455.1
§ 20-455.1 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 any such veteran.
Section 20-456
§ 20-456 License approval or denial. a. Upon the approval of an
application the commissioner shall issue a license to the applicant.
b. The commissioner may refuse to issue or renew a license if the
applicant has been found to have violated chapter one or subchapter one
of chapter five of this title or the rules or regulations thereto,
provided, however, that in the event of a conflict between the
provisions of such chapter and subchapter and the provisions of this
subchapter, the provisions of this subchapter shall prevail; has pending
any unanswered summonses or unsatisfied fines or penalties for violation
of this subchapter or the regulations promulgated thereto; or for any
cause set forth in any other section of this chapter as a ground for
suspension or revocation.
Section 20-457
§ 20-457 License renewal. a. An application for the renewal of a
license shall be filed with the appropriate fee, with a tax clearance
certificate issued by the state tax commission of the state of New York,
and with a tax clearance certificate issued by the commissioner of
finance of the city of New York, in such form and containing such
information as he or she shall require, indicating payment of all
applicable taxes imposed by title eleven of this code and administered
by the commissioner of finance, at least thirty days prior to the
expiration of the existing license. The commissioner of finance shall
charge and collect a fee of ten dollars for issuing a tax clearance
certificate.
b. No licensee shall be granted a renewal of a license unless the
licensee is in compliance with the rules and regulations promulgated by
the commissioner of finance pursuant to subdivision c of this section;
provided, however, that the commissioner may excuse such failure which
results from illness or disability.
c. The commissioner of finance shall promulgate rules and regulations
establishing (1) such standards of sales tax payments sufficient to
indicate that operating as a general 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 20-458
§ 20-458 Exemptions. The commissioner may promulgate regulations
exempting any non-profit association including, but not limited to, a
government agency, charitable, educational, religious or other such
organization from compliance with any of the provisions of this
subchapter.
Section 20-459
§ 20-459 New licenses; existing licenses. a. The number of licenses in
effect pursuant to this subchapter on the first day of September,
nineteen hundred seventy-nine shall be the maximum number of licenses
permitted to be in effect.
b. A license issued pursuant to this subchapter shall be renewable by
the licensee upon its expiration or within sixty days of its expiration
provided the licensee meets all other requirements for renewal, provided
that the license has not been revoked, and provided that the licensee
has not committed violations which could be a basis for license
revocation under any provision of this subchapter.
Section 20-460
§ 20-460 Hearings. Unless otherwise specifically provided, notice and
hearings upon denial of an application, the suspension or revocation of
a license or the imposition of penalties provided in subdivision b of
section 20-472 shall be in accordance with the provisions of chapter one
of this title and the rules and regulations applicable thereto.
Section 20-461
§ 20-461 Display of license. a. Each general vendor shall carry his or
her license on his or her person and it shall be exhibited upon demand
to any police officer, authorized officer or employee of the department
or other city agency.
b. The general vendor's license shall contain his or her name, his or
her license number and a non-removable photograph of the licensee. It
shall be worn conspicuously by him or her at all times while he or she
is operating as a general vendor.
Section 20-462
§ 20-462 Notification of change. Whenever any information provided on
the application for a license or renewal thereof has changed the
licensee shall notify the commissioner within ten days of such change.
Section 20-463
§ 20-463 Bookkeeping requirements. Each general vendor shall keep such
written records as the commissioner may prescribe of all daily gross
sales, purchases and expenses and receipts therefor and shall make such
available for inspection by an authorized officer or employee of any
city agency.
Section 20-464
§ 20-464 Duties of licensees. Each licensed general vendor shall:
a. Permit regular inspections by the department or any authorized city
agency of any goods, vehicle, pushcart or stand used in the operation of
the vending business, and of any premises used by him or her for the
storage or preparation of goods intended to be vended in such business;
b. Provide to the commissioner, or other authorized officer or
employee of a city agency requesting such information, on a semi-annual
basis, or more often if required by regulation promulgated by the
Commissioner, the address and name of the owners or the manufacturers,
suppliers or distributors from whom the licensee receives his or her
goods and also the address at which the licensee stores his or her goods
or any vehicle, pushcart or stand used in the operation of the vending
business;
c. Not use or permit anyone else to use a vending vehicle, pushcart or
stand for the sale or lease of any goods or merchandise prohibited by
the commissioner;
d. Not sell, lend, lease or in any manner transfer his or her license
or any interest therein unless prior approval of the commissioner has
been obtained.
Section 20-465
§ 20-465 Restrictions on the placement of vehicles, pushcarts and
stands; vending in certain areas prohibited. a. No general vendor shall
engage in any vending business on any sidewalk unless such sidewalk has
at least a twelve-foot wide clear pedestrian path to be measured from
the boundary of any private property to any obstructions in or on the
sidewalk, or if there are no obstructions, to the curb. In no event
shall any pushcart or stand be placed on any part of a sidewalk other
than that which abuts the curb.
b. No general vendor shall occupy more than eight linear feet of
public space parallel to the curb in the operation of a vending business
and, in addition, no general vendor operating any vending business on
any sidewalk shall occupy more than three linear feet to be measured
from the curb toward the property line.
c. No vending vehicle, pushcart, stand, goods or any other item
related to the operation of a vending business shall touch, lean against
or be affixed permanently or temporarily to any building or structure
including, but not limited to lamp posts, parking meters, mail boxes,
traffic signal stanchions, fire hydrants, tree boxes, benches, bus
shelters, refuse baskets or traffic barriers.
d. No vending pushcart, stand or goods shall be located against
display windows of fixed location businesses, nor shall they be within
twenty feet from 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 general vendor shall vend within any bus stop or 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, or within ten feet of any
driveway, any subway entrance or exit, or any corner. For the purposes
of this subdivision, ten feet from any corner shall be measured from a
point where the property line on the nearest intersecting block face,
when extended, meets the curb.
f. Each general vendor who vends from a pushcart or stand in the
roadway shall obey all traffic and parking laws, rules and regulations
as now exist or as may be promulgated, but in no case shall a general
vendor vend so as to restrict the continued maintenance of a clear
passageway for vehicles.
g. (1) No general vendor shall vend on any street which is in a C4,
C5, or C6 zoning district, or in the area bounded on the east by Second
Avenue, on the south by Thirtieth Street, on the west by Ninth Avenue
and Columbus Avenue and on the north by Sixty-fifth Street, except that
as chairperson of the street vendor review panel established pursuant to
section 20-465.1 of this subchapter, the commissioner of the department
of small business services or his or her designee may receive
applications from any person, group, organization or other entity to
permit general vendors on any street within said area or said zones, or
to prohibit general vendors on any other street. Such applications shall
be considered by the street vendor review panel in accordance with the
procedures enumerated in section 20-465.1 of this subchapter.
(2) No general vendor shall vend on any street which is 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.
(3) Upon issuance of a new general vendor license or a renewal of an
existing license, the commissioner shall provide a copy of subchapter
twenty-seven of chapter two of this title and of the rules of the city
of New York implementing such subchapter to such new or renewal
licensee.
i. No general vendor shall vend on the median strip of a divided
roadway unless such strip is intended for use as a pedestrian mall or
plaza.
j. No general vendor shall vend within the geographical 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
general vendor from obtaining a license in accordance with this
subchapter.
k. Where exigent circumstances exist and a police officer or other
authorized officer or employee of any city agency gives notice to a
general vendor to temporarily move from any location such general vendor
shall not vend from such location. For the purposes of this subdivision,
exigent circumstances shall include, but not be limited to, unusually
heavy pedestrian or vehicular traffic, existence of any obstructions in
the public space, an accident, fire or other emergency situation, a
parade, demonstration or other such event or occurrence at or near such
location.
m. No general vendor shall vend over any ventilation grill, cellar
door, manhole, transformer vault, or subway access grating.
n. No general vendor shall vend using the surface of the sidewalk, or
a blanket or board placed immediately on the sidewalk or on top of a
trash receptacle or cardboard boxes to display merchandise. No general
vendor display may exceed five feet in height from ground level. The
display may not be less than twenty-four inches above the sidewalk where
the display surface is parallel to the sidewalk, and may not be less
than twelve inches above the sidewalk where the display surface is
vertical. Where a rack or other display structure is placed on top of
or above a table or other base, the size of the base shall not be less
than the size of the display structure placed thereon. Nothing shall be
placed on the base so as to exceed the size limitations contained in
this section. No general vendor shall use any area other than that area
immediately beneath the surface of the display space for the storage of
items for sale.
o. No general vendor shall sell or offer for sale any item directly
from any parked or double parked motor vehicle.
p. No general vendor shall use electricity, electrical generating
equipment or oil or gasoline powered equipment, devices or machinery of
any kind.
q. No general vendor shall vend:
1. within twenty feet from sidewalk cafes;
2. within five feet from (a) bus shelters, (b) newsstands, (c) public
telephones or (d) disabled access ramps; and
Section 20-465.1
§ 20-465.1 Street Vendor Review Panel. a. There is hereby established
a street vendor review panel consisting of four members. Such panel
shall include the commissioner of the department of small business
services, the director of the department of city planning and the
commissioner of the department of transportation, or their respective
designees. Such panel shall also include a member appointed by the mayor
upon nomination by the speaker of the council. The commissioner of the
department of small business services or his or her designee shall serve
as chairperson. The departments of small business services, city
planning and transportation shall provide such assistance as the street
vendor review panel deems necessary and appropriate to enable such panel
to carry out its responsibilities. In the same manner as provided in
section 1043 of the city charter, the street vendor review panel shall
promulgate, and may from time to time amend, rules prohibiting the
operation of any general vending business or food vending business, as
defined in chapter three of title seventeen of this code, or both, on
any street, at any time, after making a determination that such vending
business would constitute a serious and immediate threat to the health,
safety and well-being of the public on the ground that such street at
such time is regularly too congested by pedestrian or vehicular traffic
to permit the operation of such business. No general vendor or food
vendor, as defined in chapter three of title seventeen of the code,
shall vend on any such streets at any such times.
b. Requests for the adoption or amendment of rules prohibiting the
operation of any general vending business or food vending business, as
defined in chapter three of title seventeen of this code, or both, on
any street, at any time, may be submitted to the commissioner of the
department of small business services or his or her designee. Within
sixty days after the submission of such request, the street vendor
review panel shall convene to determine either to deny such request in
writing, stating the reasons for denial, or to state its intention to
initiate rulemaking, by a specified date, concerning the subject of such
request. In initiating a rulemaking, the panel shall not be bound by the
streets or times requested, and may modify such streets and such times
at its discretion. If the panel has stated the intention to initiate
rulemaking, it shall publish such proposed rule for comment and public
hearing in the same manner as provided in subdivisions b and d of
section 1043 of the city charter. After consideration of the relevent
comments presented, the panel may adopt a final rule relating to such
streets and such times pursuant to subdivisions d and e of section 1043
of the city charter.
c. Copies of any rules promulgated pursuant to this section shall be
mailed to each licensed general vendor or licensed food vendor, by the
department or the department of health and mental hygiene, respectively,
by regular mail at the last home address provided by the vendor to the
department or the department of health and mental hygiene and shall be
annexed to each license or renewal issued to any general vendor or food
vendor.
d. Nothing herein contained shall exempt any general vendor from the
provisions of subdivision g of section 20-465 of this subchapter.
Section 20-466
§ 20-466 Prohibitions. It shall be unlawful for any person to sell,
give or otherwise transfer any goods or merchandise to an unlicensed
general vendor for resale in a public space or to rent or otherwise
knowingly transfer any vehicle, stand or pushcart for use by an
unlicensed general vendor in a vending business in a public space.
Section 20-467
§ 20-467 Suspension and revocation of license. Any license issued
pursuant to the provisions of this subchapter may be suspended or
revoked by the commissioner upon notice and hearing for any of the
following causes:
a. Fraud, misrepresentation, or false statements contained in the
application for the license;
b. Violation of chapter one or subchapter one of chapter five of this
title of this code or the regulations promulgated thereto; provided,
however, that in the event of a conflict between the provisions of such
chapter and subchapter and the provisions of this subchapter, the
provisions of this subchapter shall prevail;
c. Fraud, misrepresentation, or false statements made in connection
with the selling or leasing of any goods or services;
d. Four or more violations of any provision of this subchapter or the
regulations promulgated thereto in a two-year period;
e. Failure to answer a summons or notice of violation, appear for a
hearing, or pay a fine or civil penalty imposed pursuant to the
provisions of this subchapter or the regulations promulgated hereunder;
f. Conviction of possessing or selling stolen property pursuant to
section 165.40, 165.45 or 165.50 of the penal law.
Section 20-468
§ 20-468 Enforcement. a. Authorized officers and employees of the
department and members of the police department shall have the power to
enforce all laws, rules and regulations relating to general vendors.
This provision shall in no way restrict any other power granted by law
to an officer or employee of any city agency.
b. If a general vendor does not move his or her goods, vehicle,
pushcart or stand 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 20-465 such officer or employee
is authorized to provide for the removal of such goods, vehicle,
pushcart or stand to any garage, automobile pound or other place of
safety, and the owner or other person lawfully entitled to the
possession of such vehicle, pushcart, stand or goods may be charged with
reasonable costs for removal and storage payable prior to the release of
such goods, vehicle, pushcart or stand.
c. Any police officer may seize any vehicle, pushcart or stand or
other such device used by an unlicensed general vendor in violation of
section 20-453 including a vehicle, pushcart, or other such device used
to transport goods sold, given or otherwise transferred to an unlicensed
general vendor in violation of section 20-466 of this subchapter and may
seize any goods which are being sold by an unlicensed general vendor in
violation of section 20-453 and such vehicle, pushcart, stand or goods
or other device shall be subject to forfeiture upon notice and judicial
determination. If a forfeiture proceeding is not commenced, the owner or
other person lawfully entitled to the possession of such goods, vehicle,
pushcart, or stand or other device may be charged with the reasonable
cost for removal and storage payable prior to the release of such goods,
vehicle, pushcart or stand, or other device unless the charge of
unlicensed vending has been dismissed.
d. If a general vendor operates any general vending business in
violation of the provisions of section 20-465.1 of this subchapter and
any rules promulgated pursuant thereto on any such street and at any
such time as the street vendor review panel has determined to be
regularly too congested by pedestrian or vehicular traffic to permit the
operation of any general vending business thereat without there being a
serious and immediate threat to the health, safety and well-being of the
public, or if a general vendor operates any such business in the area
designated in paragraph two of subdivision g of section 20-465 of this
subchapter, any authorized officer or employee of the department or
member of the police department is authorized to provide for the removal
of such general vendor's goods, vehicle, pushcart or stand to any
garage, automobile pound or other place of safety, and such goods,
vehicle, pushcart or stand may be subject to forfeiture upon notice and
judicial determination. If a forfeiture hearing is not commenced, the
owner or other person lawfully entitled to the possession of such
vehicle, pushcart, stand or goods may be charged with reasonable costs
for removal and storage payable prior to the release of such goods,
vehicle, pushcart or stand.
e. Any police officer may seize any vehicle, pushcart, stand or goods
of a vendor operating any general vending business in violation of the
following subdivisions of section 20-465: subdivisions b, e, i, or the
provisions of subdivision m relating to obstruction of ventilation
grilles. The owner or other person lawfully entitled to the possession
of such vehicle, pushcart, stand, or goods may be charged with
reasonable costs for removal and storage payable prior to the release of
such vehicle, pushcart, stand or goods, unless the violation has been
dismissed.
f. If a general vendor who exclusively vends written matter conducts
such business with the use of a vehicle, pushcart or stand, or using the
surface of the sidewalk, or a blanket or board placed immediately on the
sidewalk or on top of a trash receptacle or cardboard boxes to display
merchandise, on any street and at any time where both (i) general
vending is prohibited pursuant to section 20-465.1 of this subchapter
and any rules promulgated thereunder or paragraph two of subdivision g
of section 20-465 of this subchapter; and (ii) food vending is
prohibited pursuant to section 20-465.1 of this subchapter and any rules
promulgated thereunder or pursuant to subdivision k or 1 of section
17-315 of this code, any authorized officer or employee of the
department or member of the police department is authorized to provide
for the removal of such general vendor's goods, vehicle, pushcart or
stand to any garage, automobile pound or other place of safety.
Section 20-469
§ 20-469 Forfeiture. a. 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 shall be paid into the general fund of the city.
In the alternative, any such property may be used or converted to use
for the purpose of any city, state or federal agency, or for charitable
purposes, upon consultation with the human resources administration and
other appropriate city agencies, and the police commissioner shall
report annually to the city council on the distribution of such
property.
Section 20-470
§ 20-470 Seizure of perishable goods. In the event that any seizure
made pursuant to this subchapter 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.
Section 20-471
§ 20-471 Regulations. The commissioner shall make such regulations as
deemed necessary for the proper implementation and enforcement of this
subchapter.
Section 20-472
§ 20-472 Penalties. a. Any person who violates the provisions of
sections 20-453 and 20-474.1 of this subchapter shall be guilty of a
misdemeanor punishable by a fine of not less than two hundred fifty
dollars nor more than one thousand dollars, or by imprisonment for not
more than three months or by both such fine and imprisonment. In
addition, any police officer may seize any vehicle used to transport
goods to a general vendor, along with the goods contained therein, where
the driver is required to but cannot produce evidence of a distributor's
license. Any vehicle and goods so seized may be subject to forfeiture
upon notice and judicial determination. If a forfeiture proceeding is
not commenced, the owner or other person lawfully entitled to possession
of such vehicle and goods may be charged with the reasonable cost for
removal and storage payable prior to the release of such vehicle and
goods, unless the charge of unlicensed distributing has been dismissed.
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.
4. 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.
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 section 20-453 of this subchapter shall be
liable for a civil penalty of not less than two hundred fifty dollars
nor more than one thousand dollars together with a penalty of two
hundred fifty 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 section 20-453, 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.
(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. The board shall have the power to impose
the penalties prescribed by subdivision c of this section.
e. Any person who violates the provisions of sections 20-465 and
20-465.1 of this subchapter and any rules promulgated thereunder shall
be guilty of a misdemeanor punishable by a fine of not more than five
hundred dollars, or by imprisonment for not more than thirty days or by
both such fine and imprisonment.
Section 20-472.1
§ 20-472.1 Reports on vendor license renewals, suspensions,
revocations, and adjudications. a. Commencing on June 1, 2013, and every
twelve months thereafter, the department shall issue an annual report to
the council with respect to general vendor license renewals,
suspensions, and revocations. Each report shall include the following
information for the twelve-month period prior to the issuance of the
report: (i) the number of general vendor license renewals denied and the
basis for each such denial, including but not limited to outstanding or
multiple violations of the provisions of this subchapter; (ii) the
number of general vendor licenses suspended pursuant to section 20-467
of this subchapter and the basis for each such suspension; and (iii) the
number of general vendor licenses revoked pursuant to section 20-467 of
this subchapter and the basis for each such revocation.
b. Commencing on June 1, 2013, and every three months thereafter, the
environmental control board shall issue quarterly reports to the council
with respect to violations that were issued pursuant to this subchapter
or to subchapter two of chapter three of title seventeen of the
administrative code, and that were adjudicated by the environmental
control board. Each report shall detail the three-month period prior to
the issuance of the report. Such report shall include:
1. the number of hearings held to adjudicate violations of each
section of such subchapters;
2. for each section of such subchapters the number of violations: (a)
adjudicated during the period; (b) for which vendors were found liable;
and (c) for which vendors were found not liable;
3. the dollar amount of each civil penalty imposed by the board; and
4. the dollar amount collected on each civil penalty imposed by the
board.
Section 20-473
§ 20-473 Exemptions for general vendors who exclusively vend written
matter. General vendors who exclusively vend written matter are exempt
from the following provisions of this subchapter: sections 20-454,
20-455, 20-456, 20-457, 20-459, 20-461, 20-462, 20-463 and 20-464;
paragraph one of subdivision g of section 20-465; subdivision j of
section 20-465, except that nothing herein shall be construed to deprive
the commissioner of the department of parks and recreation of the
authority to regulate the vending of written matter in a manner
consistent with the purpose of the parks and the declared legislative
intent of this subchapter; section 20-465.1 and any rules promulgated
thereunder, except that on any street where both general vending is
prohibited pursuant to section 20-465.1 of this subchapter and any rules
promulgated thereunder and food vending is prohibited pursuant to
section 20-465.1 of this subchapter and any rules promulgated thereunder
or pursuant to subdivision 1 of section 17-315 of this code, general
vendors who exclusively vend written matter shall not be permitted to
vend with the use of any vehicle, pushcart or stand; sections 20-466 and
20-467; subdivisions c and d of section 20-468; sections 20-469 and
20-470; and subdivision a, and paragraph one of subdivision c of section
20-472.
Section 20-474
§ 20-474 Procedures for recovery of written matter that has been
removed. A general vendor who exclusively vends written matter and who
has had any written matter, or any vehicle, pushcart or stand removed
under the provisions of subdivisions b, e or f of section 20-468 of this
subchapter may serve upon the officer in charge of the police department
facility in which the property is located notice of a request for the
return of such property either before or after a judicial or
administrative determination, conducted in accordance with chapter one
of this title and all other laws, rules and regulations applicable
thereto, of the violation underlying the removal of such written matter,
vehicle, pushcart or stand has been made irrespective of the result of
such determination. Unless the judicial or administrative proceeding has
terminated in favor of such vendor, the owner, or other person lawfully
entitled to the possession of such vehicle, pushcart, stand or written
matter which has been removed under the aforementioned provisions shall
be charged with reasonable costs for removal and storage, payable upon
or after the judicial or administrative determination that the violation
underlying the removal of such written matter, vehicle, pushcart or
stand occurred. Such charge for removal and storage, which shall be
established by the police commissioner by regulation shall be made part
of the fine, penalty or judgment rendered in the judicial or
administrative proceeding and shall be paid to the police department
property clerk by the judicial or administrative body receiving such
fine, penalty or judgment.
Section 20-474.1
§ 20-474.1 Delivery to general vendors; distributor's license
required. a. It shall be unlawful for any individual to transport goods
by means of a motor vehicle, as defined in the vehicle and traffic law,
to a public space for sale or other transfer to a general vendor,
without having first obtained a distributor's license in accordance with
the provisions of this subchapter. For the purpose of this section,
"distributor" shall be defined as any person or organization engaged in
the sale, consignment, or distribution of goods for sale or resale by a
general vendor. This shall not include an owner of goods who personally
operates a motor vehicle to transport such goods exclusively to and from
a location from which the owner will personally sell such goods in
compliance with all applicable laws. For the purpose of this section,
"public space" shall be defined as all publicly owned property between
the property lines on a street as such property lines are shown on the
City map including but not limited to a park, plaza, roadway, shoulder,
tree space, sidewalk or parking space between such property lines. It
shall also include, but not be limited to, publicly owned or leased
land, buildings, piers, wharfs, stadiums, and terminals.
b. Where the distributor does not personally drive the vehicle, he or
she shall cause the driver to carry proof of the distributor's license,
which the driver shall furnish upon demand to any officer or agent
empowered to enforce the law. No distributor shall permit any driver he
or she employs to engage in, on the distributor's behalf, any of the
activities for which a license is required unless such driver complies
with all regulations promulgated pursuant to this subchapter.
c. Each person applying for a distributor's license, or renewal
thereof, shall file an application in such form and detail as the
commissioner may prescribe and shall pay such license fee as shall be
established by the commissioner by regulation. In addition to any other
information required, the commissioner shall require the following
information:
1. The name and home and business address of the applicant;
2. The name and home and business address of the owner, if other than
the applicant, of the goods to be delivered;
3. A description of the type of goods or services to be delivered;
4. Three prints of a full-face photograph of the applicant taken not
more than thirty days prior to the date of the application;
5. Proof that the applicant has obtained from the state tax commission
of the state of New York a certificate of authority designating the
applicant's sales tax identification number;
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. Any changes in the information provided in an application for an
original license or renewal thereof, which arise during the term of the
license shall be reported to the commissioner in writing within thirty
days.
Section 20-474.2
§ 20-474.2 Delivery vehicle identification required. a. No person
shall engage in any activity for which a distributor's license is
required unless the motor vehicle used therefor is identified in the
manner prescribed by law or regulation.
b. Any vehicle used by a distributor to transport goods to a general
vendor must be visually identified by a sign conspicuously displayed on
the side of the vehicle. The following information shall be clearly and
legibly displayed on such sign: the licensee's name, address, and
business telephone number; the words "General Vending Distributor"; and
the department's telephone complaint number. The letters and numerals of
such display shall not be less than one and one-half inches in height,
with a width of at least one-quarter of an inch, and shall be colored
black or white, whichever is most prominent against the background
color.
c. Signs used to identify delivery vehicles may be removable, but must
be securely fastened whenever the vehicle is used to deliver or remove
goods to or from a general vendor. The sign must remain securely
attached throughout the time it takes to load or unload goods.
Section 20-474.3
§ 20-474.3 Failure to produce license; presumptive evidence of
unlicensed activity. a. In any civil or criminal action or proceeding,
failure by a general vendor who is required to be licensed pursuant to
the provisions of this subchapter to exhibit upon demand a general
vendor's license in accordance with the provisions of this subchapter to
any police officer or authorized officer or employee of the department
or other city agency shall be presumptive evidence that such general
vendor is not duly licensed.
b. In any civil or criminal action or proceeding, failure by any
person who is required to obtain a distributor's license pursuant to the
provisions of this subchapter, or failure by the driver of such person,
to exhibit upon demand a distributor's license in accordance with the
provisions of this subchapter to any police officer or authorized
officer or employee of the department or other city agency shall be
presumptive evidence that such person is not duly licensed.
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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