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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.
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 confectionary.....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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065.
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 subdivision 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.
(L.L. 2021/098, 9/26/2021, eff. 9/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065 and L.L. 2021/098.
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.
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, except as otherwise provided in subdivision c of section 20-237, shall be subject to the penalty and enforcement provisions of either subchapter twenty-seven of chapter two of this title or subchapter two of chapter three of title seventeen of the code, whichever is applicable; except that a person shall not be subject to the civil penalty described above for a first-time violation of subdivision b of section 20-237 and any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that he or she has cured the violation. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof of compliance shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-237 or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted to the department electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153, L.L. 2021/080 and L.L. 2021/098.
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.
(Renumbered L.L. 2021/128, 11/21/2021, eff. 3/21/2022)
Editor's note: Former § 20-241 repealed and former § 20-241.1 renumbered as § 20-241. For related unconsolidated provisions, see Appendix A at L.L. 1997/029 and L.L. 2021/128.
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