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(Repealed L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/070, L.L. 1991/010, L.L. 2003/008 and L.L. 2023/121.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2022/039, 1/15/2022, eff. 1/15/2022; Repealed L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/008, L.L. 2021/080 and L.L. 2023/121.
(L.L. 2022/039, 1/15/2022, eff. 1/15/2022; Repealed L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.
Subchapter 7: Sidewalk Stands
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.
g. Dependent child. A child or stepchild who is financially dependent on a parent or guardian.
(Am. L.L. 2021/128, 11/21/2021, eff. 3/21/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029, L.L. 2003/264 and L.L. 2021/128.
a. No person shall operate a newsstand or newsstands unless licensed pursuant to this subchapter, and unless such person has no other income, excluding investment income, which exceeds the income such person earns from the operation of the newsstand or newsstands; provided, however, that if such person is a corporation, partnership, limited liability company or other association, each shareholder of such corporation, each partner of such partnership, each member of such limited liability company or each principal of such other association, respectively, shall have no other income, excluding investment income, which exceeds the income such shareholder, partner, member or principal earns from the operation of such newsstand or newsstands. No license shall be issued to a person 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 of the code.
b. 1. No person shall be issued more than two licenses to operate a newsstand pursuant to this subchapter.
2. For purposes of determining the number of licenses held by a person pursuant to paragraph 1 of this subdivision, the following provisions shall apply:
(a) A natural person shall be deemed to hold the license issued in the name of such natural person's dependent child, a partnership in which such natural person is a partner, a corporation in which such natural person is an officer, director or shareholder, or a limited liability company in which such natural person is a member, manager or officer.
(b) A corporation shall be deemed to hold the license issued in the name of:
(1) An officer, director or shareholder of such corporation;
(2) Another corporation where such corporation and such other corporation share a common officer, director or shareholder, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such other corporation;
(3) A limited liability company where such corporation or any of its officers, directors or shareholders is a member, manager or officer of such limited liability company, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such limited liability company; or
(4) A partnership where such corporation or any of its officers, directors or shareholders is a partner in such partnership, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such partnership.
(c) A limited liability company shall be deemed to hold the license issued in the name of;
(1) A member, manager or officer of such limited liability company;
(2) Another limited liability company where such limited liability company and such other limited liability company share a common member, manager or officer, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such other limited liability company;
(3) A corporation where such limited liability company or any of its members, managers or officers is an officer, director or shareholder in such corporation or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such corporation; or
(4) A partnership where such limited liability company or any of its members, managers or officers is a partner in such partnership, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such partnership.
(d) A partnership shall be deemed to hold the license in the name of:
(1) A partner of such partnership;
(2) Another partnership where such partnership is a partner in such other partnership, such partnership and such other partnership share a common partner, or such partnership or any of its partners has any direct or indirect interest in such other partnership;
(3) A corporation where such partnership or any of its partners is an officer, director or shareholder in such corporation, or such partnership or any of its partners has any direct or indirect interest in such corporation; or
(4) A limited liability company where such partnership or any of its partners is a member, manager or officer in such limited liability company, or such partnership or any of its partners has any direct or indirect interest in such limited liability company.
c. No person applying for or holding a newsstand license shall rent or attempt to rent the newsstand to another person.
(Am. L.L. 2021/128, 11/21/2021, eff. 3/21/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029, L.L. 2003/064 and L.L. 2021/128.
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