§ 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.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

§ 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.   Where the application is for a permit, 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 from the New York state department of taxation and finance.

      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.

(Am. L.L. 2024/052, 3/29/2024, eff. 3/29/2024)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/066 and L.L. 2008/009.

§ 17-310 Renewal of license or permit. [Repealed]

(Repealed L.L. 2024/052, 3/29/2024, eff. 3/29/2024)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/033.

§ 17-311 Display of license or plate and letter grade.

   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, including a supervisory 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 and letter grade shall be firmly affixed to the vending vehicle or pushcart in a conspicuous place as required by rules of the department.

   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.

   e.   A permit plate on a vehicle or pushcart issued to a supervisory licensee shall indicate, either by color or other designation of the department's choosing, that such vehicle or pushcart may only be operated when a supervisory licensee is physically present and vending at such vehicle or pushcart.

(Am. L.L. 2017/108, 5/30/2017, eff. 2/24/2018; Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009 and L.L. 2021/018.

§ 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.

§ 17-313 Bookkeeping requirements. [Repealed]

(Repealed L.L. 2024/051, 3/29/2024, eff. 3/29/2024)

§ 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.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027.

§ 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.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027 and L.L. 1998/027.

§ 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, on, or under 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 licensed stoop line stand, licensed sidewalk cafe, or 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.

   g.   No vending vehicle or pushcart or any other item related to the operation of a food vending business shall be placed within a bicycle lane. For purposes of this section, the term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.

   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.

      1.   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 southerly side of Barclay Street. In addition:

         (a)   No food vendor shall vend on the easterly or westerly side of Greenwich Street between Liberty Street and Thames Street;

         (b)   No food vendor shall vend on the easterly side of West Broadway between Barclay Street and Park Place;

         (c)   No food vendor shall vend on the northerly or southerly side of Liberty Street between Trinity Place to West Street;

         (d)   No food vendor shall vend on the easterly side of West Street between Liberty Street and Cedar Street;

         (e)   No food vendor shall vend on the westerly side of Trinity Place between Liberty Street and Thames Street; and

         (f)   Notwithstanding the restriction described in paragraph 1 of subdivision k, food vending shall be permitted on the following streets provided that food vendors comply with all applicable laws and rules:

            (1)   The easterly and westerly side of Broadway between Barclay Street and Vesey Street;

            (2)   The easterly side of West Street between Barclay Street and Vesey Street; and

            (3)   The southerly side of Barclay Street between Church Street and Broadway.

      2.   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.

BOROUGH OF QUEENS

Main Street: Northern Boulevard to Sanford Avenue, every day, noon to midnight; 38th Avenue: Prince Street to 138th Street, every day, noon to midnight; Prince Street: 38th Avenue to 39th Avenue, every day, noon to midnight; 39th Avenue: College Point Boulevard to Union Street, every day, noon to midnight; Lippman Plaza: 39th Avenue to Roosevelt Avenue, every day, noon to midnight; Roosevelt Avenue: College Point Boulevard to Union Street, every day, noon to midnight; 41st Avenue: College Point Boulevard to Union Street, every day, noon to midnight; Kissena Boulevard: 41st Avenue to Barclay Avenue, every day, noon to midnight; Sanford Avenue: Frame Place to Main Street, every day, noon to midnight.

      3.   No food vendor shall vend beginning on Thanksgiving until New Year's Day of the following year in the area including and bounded on the west by the westerly side of 10th avenue, on the south by the southerly side of 86th street, on the east by the easterly side of 13th avenue and on the north by the northerly side of 81st street, between the hours of midnight to 6:00 a.m. and between the hours of 2:00 p.m. to midnight, in the borough of Brooklyn.

   l.   [Reserved.]

   m.   The department, or such other agency designated by the mayor, shall provide a website that shows a map of block faces where food vending is prohibited by law, based on the day and hour entered by the user.

(Am. L.L. 2018/180, 10/27/2018, eff. 12/26/2018; Am. L.L. 2018/181, 10/27/2018, eff. 4/25/2019; Am. L.L. 2019/191, 11/17/2019, eff. 11/17/2019; Am. L.L. 2021/018, 2/28/2021, eff. 8/27/2021 and 2/28/2022; Am. L.L. 2024/051, 3/29/2024, eff. 3/29/2024; Am. L.L. 2024/053, 3/29/2024, eff. 4/28/2024)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/014, L.L. 2006/039 and L.L. 2021/018.