L.L. 2021/018

Enactment date: 2/28/2021

Int. No. 1116-B

By Council Members Chin, Menchaca, Lander, Rose, Miller, Koslowitz, Reynoso, Dromm, Barron, Treyger, Levine, Ayala, Brannan, Diaz, Levin, Kallos, the Public Advocate (Mr. Williams), Rodriguez, Eugene, Ampry-Samuel, Perkins, Rivera, Adams, Moya, Gibson, Van Bramer, Cumbo, Rosenthal, Powers, Salamanca and Louis

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to expanding the availability of food vendor permits, creating an office of street vendor enforcement, and establishing a street vendor advisory board

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 32. The street vendor advisory board shall convene no later than April 28, 2021. The board shall review and evaluate all state and local laws and rules related to street vendors, including placement restrictions such as the minimum distance of 20 feet from any building entrance or exit, and the process for obtaining a street vendor license or permit pursuant to titles 17 and 20 of the administrative code of the city of New York. In conducting such review and evaluation the board shall consider whether such laws and rules should be clarified, are overly burdensome, or are duplicative. Such review shall also include an assessment of how the open streets, open restaurants and open storefronts programs affect the availability of legal spaces to vend, as well as whether new placement restrictions should be considered to ensure equitable and efficient use of sidewalk and street space. On or before November 1, 2021, the board shall submit to the speaker of the council and the mayor a report containing the board's recommendations in relation to amendments to local laws and/or rules based on such review and evaluation and the basis for each recommendation. Such report shall also include recommendations for the creation of designated community spaces where street vendors can congregate to vend, including specific recommendations concerning appropriate locations for food trucks and the availability of commissary space throughout the city.

§ 33. The commissioner of health and mental hygiene shall open the waiting list for full-term permits operated pursuant to subparagraph (e) of paragraph 2 of subdivision b of section 17-307 of the administrative code of the city of New York as soon as practicable, but no later than six months prior to the first issuance of supervisory licenses pursuant to subparagraph (b) of paragraph 5 of subdivision b of section 17-307 of the administrative code of the city of New York. At such time, only persons who have held a food vendor license continuously since on or before March 1, 2017 may be added to the waiting list.

§ 34. Nothing in this local law limits the authority of any agency granted elsewhere in law to enforce any law or rule.

§ 35. Sections one, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fourteen, seventeen, eighteen, twenty, twenty-one, twenty-five, twenty-six, thirty-three and thirty-four of this local law take effect immediately. Sections two, thirteen, fifteen, twenty-four, twenty-seven, twenty-eight, thirty-one and thirty-two of this local law take effect 90 days after they become law. Sections sixteen, nineteen, twenty-two and twenty-nine of this local law take effect 180 days after they become law. Sections twenty-three and thirty of this local law take effect 1 year after they become law.