a. No newsstand shall be within three feet of private property without the consent of the owner of that property.
b. Items other than newspapers, magazines, periodicals, and prepaid telecommunication or transit cards may be offered for sale from a newsstand if they are sold for less than ten dollars exclusive of taxes; provided, however, that apparel, jewelry, hair ornaments, handbags and video cassettes shall not be offered for sale from a newsstand and that if food items are offered for sale, they must be prepackaged.
c. No new license shall be issued under section 20-229 unless approval for the location has been obtained from the department of transportation.
d. 1. No license issued under section 20-229 shall be renewed if the department of transportation determines that the newsstand so licensed poses an obstruction to the free use of sidewalks by pedestrians at the time of review.
2. On and after the effective date of the local law that adds this paragraph two to this subdivision d of this section, a newsstand shall not be eligible for a renewal if the area of the sidewalk occupied by it exceeds seventy-two square feet or such newsstand exceeds nine feet in height.
(a) On and after such date, such newsstand that was first licensed on or after the first day of August, nineteen hundred ninety-one shall not pose an obstruction to the free use of the sidewalks by pedestrians if the location of such newsstand does not
(i) reduce the area maintained on the sidewalk for pedestrian movement below a width of nine and one-half feet.
(ii) place the proposed newsstand within five feet of a fire hydrant.
(iii) create a level of service at the proposed location for the peak fifteen minutes of the peak hour of a pedestrian flow rate equal to or greater than eleven people per minute per linear foot of clear path, as determined by the department of transportation.
(iv) place the proposed newsstand within fifteen feet of an entrance to or exit from a subway.
(v) extend into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets and the area ten feet on either side of such lines.
(vi) extend into a bus stop.
(vii) otherwise create a hazardous condition. For purposes of this subparagraph, a hazardous condition shall include, but not be limited to, the location of a newsstand less than one foot, six inches from the curb, under a fire escape, within ten feet of a driveway or parking lot or within two feet from underground access points, such as utility access openings, ventilation grills, or cellar doors.
(b) On and after such date, a newsstand that was first licensed prior to the first day of August, nineteen hundred ninety-one shall not pose an obstruction to the free use of the sidewalks by pedestrians if the location of such newsstand does not
(i) reduce the area maintained on the sidewalk for pedestrian movement below a width of nine and one-half feet.
(ii) place the proposed newsstand within five feet of a fire hydrant.
(iii) create a level of service at the proposed location for the peak fifteen minutes of the peak hour of a pedestrian flow rate equal to or greater than eleven people per minute per linear foot of clear path, as determined by the department of transportation.
(iv) violate the restrictions on the location of newsstands in subdivision f of this section, if such newsstand is located at the rear or side of a subway entrance or exit kiosk.
(v) extend into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets.
(vi) otherwise create a hazardous condition. For purposes of this subparagraph, a hazardous condition shall include, but not be limited to, the location of a newsstand less than one foot, six inches from the curb, under a fire escape, within ten feet of a driveway or parking lot or within two feet from underground access points, such as utility access openings, ventilation grills, or cellar doors.
e. No newsstand shall occupy an area of more than seventy-two square feet or have a height of over nine feet. However, any newsstand that occupied an area of more than seventy-two square feet on the first day of August, nineteen hundred seventy-nine may continue to operate within that area until the thirty-first day of July, nineteen hundred eighty. In no event shall there be less than a width of nine and one-half feet maintained on the sidewalk for pedestrian movement. The provision of this section requiring that no less than nine and one-half feet be maintained on the sidewalk for pedestrian movement shall not apply to any newsstand which was first licensed by the department prior to the first day of August, nineteen hundred seventy-nine where the person who held the license for such newsstand on the first day of August, nineteen hundred ninety-one continues to be the licensee for such newsstand; provided, however, that where a newsstand which was first licensed prior to the first day of August, nineteen hundred seventy-nine is reconstructed in its entirety or in substantial part, which reconstruction was commenced on or after the first day of August, nineteen hundred ninety-one, such newsstand shall be subject to such requirement that no less than nine and one-half feet be maintained on the sidewalk for pedestrian movement.
f. Stands at subway entrance or exit kiosks shall be maintained at the rear or side of such kiosks. Where such stand is located at the rear of such entrance or exit it shall not be located within fifteen feet of the front of any other entrance or exit and shall not be longer than the width of the kiosk nor occupy an area of more than fifty square feet.
g. It shall be unlawful to erect a stand or booth under the stairs of an elevated railway station, or a projection therefrom, which is wider than the width of the stairs or which extends along the sidewalk a greater distance than to a point where the undersurface is not over seven feet from the level of the sidewalk.
h. 1. After November first, nineteen hundred seventy-nine, no newsstand may be operated unless its design has been approved by the art commission. The art commission shall evaluate newsstand designs in conformity with guidelines to be established by the department. Approval or disapproval of a design submission shall be issued within thirty days of filing an application with the commission.
2. The department of transportation shall develop criteria for the design of the interior of newsstands constructed and installed by a franchisee pursuant to a franchise in consultation with available representatives of newsstand licensees and available representatives of publishers.
i. No advertising shall be placed on any newsstand other than exterior advertising placed by a franchisee. Nothing herein shall be construed to prohibit or limit the ability of the newsstand licensee to display legal merchandise pursuant to rules promulgated by the department.
j. The licensee shall make reasonable efforts to maintain the cleanliness of his or her newsstand. Such requirement shall not include an obligation to maintain the exterior of a structure installed pursuant to a franchise. The licensee shall make no alteration in the design or dimensions of a newsstand constructed or installed by a franchisee.
k. 1. On and after the grant of a franchise, no new license shall be granted except for operation of a newsstand installed and maintained pursuant to such franchise, and approval of the location of a new newsstand shall be made by the department of transportation in accordance with rules of the department.
2. Notwithstanding any other provision of this section or the second undesignated paragraph of section 15-205 of the code, a newsstand, the location or dimensions of which were not in violation of the provisions of this section or any rule promulgated pursuant thereto at the date of the grant of a franchise and which complies with all of the terms and conditions of such franchise, may be reconstructed at such location by such franchisee if such reconstruction does not change the location of such newsstand or expand the area occupied by such newsstand for any reason, including compliance with the requirements of any provision of law in effect at the time of such reconstruction, such as the requirements of the Americans with Disabilities Act. If such reconstruction results in a change in location or an expansion of the area occupied by such newsstand, such newsstand may be reconstructed at such changed or expanded location if that location complies with the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of paragraph two of subdivision d of this section. If such reconstruction at such location would not comply with such criteria, such newsstand may be relocated in accordance with the process defined in paragraph five of this subdivision to a location that meets the criteria in subparagraph (a) of such paragraph two.
3. On or after the grant of such franchise, any newsstand applying for renewal of a license issued pursuant to section 20-229 of this subchapter may remain at its then current location if it meets the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of paragraph two of subdivision d of this section, or, if such location does not meet such criteria, such newsstand may be relocated in accordance with the process defined in paragraph five of this subdivision to a location that meets the criteria in subparagraph (a) of such paragraph two.
4. On or after the grant of such franchise, the department of transportation shall not exercise its authority, by granting revocable consents or other approvals, to authorize the installation of a structure at a location that would render the location of a licensed newsstand in violation of the siting criteria applicable to the renewal of licenses in subparagraph (a) or (b), as applicable to the renewal of the license of such newsstand, of paragraph two of subdivision d of this section unless the commissioner of such department finds that such installation is for the benefit of public health, safety, welfare or convenience. In the event the installation of a structure not prohibited by this paragraph four causes the location of a newsstand to be in violation of such criteria, such newsstand may be relocated pursuant to the process defined in paragraph five of this subdivision to a location that meets the criteria in subparagraph (a) of such paragraph two.
5. (a) On or after the grant of such a franchise, a newsstand, the location of which fails to meet the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of paragraph two of subdivision d of this section shall cease operation and shall be removed from such location. A newsstand required by the provisions of this paragraph to be relocated at any time shall be eligible to be relocated to a site within a radius of five hundred feet from such licensed location, referred to in this section as the "catchment area", provided such site is identified by the licensee and meets the siting criteria applicable to the renewal of licenses in subparagraph (a) of paragraph two of subdivision d of this section. Notwithstanding the preceding provisions of this subparagraph (a) of this paragraph five, a newsstand, the license for which is in full force and effect, shall not be required to be replaced before September thirtieth, two thousand six, if the replacement of such newsstand is required to occupy an expanded area solely because of the provisions of the Americans with Disabilities Act, and the installation of such newsstand at such expanded location would not meet the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of such paragraph two.
(b) If the department of transportation determines that there is no site within such catchment area to which a newsstand may be relocated in accordance with subparagraph (a) of this paragraph five, the licensee of such newsstand may apply for a license for a new newsstand in accordance with the applicable provisions of this subchapter.
6. The department of transportation shall conduct an inspection at the time of the reconstruction and installation of a newsstand by a franchisee in accordance with paragraph two of this subdivision. In addition, such department shall conduct inspections of all newsstands in the year two thousand eight and every six years thereafter to determine whether the location for which each newsstand is licensed violates any laws, rules or regulations applicable to the review by such department of applications for the renewal of licenses, notwithstanding that the term of such licenses is two years, and, except for determinations made pursuant to inspections made in accordance with such paragraph two of this subdivision at the time of the reconstruction and installation of a newsstand by a franchisee, the determination by such department that there is no such violation shall not be revised, except for a mistake of fact, by such department until such six year period has elapsed.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029, L.L. 2003/064 and L.L. 2020/080.