L.L. 1997/028

By Council Members Dear and Fisher (Read and referred to the Committee on Transportation) (Preconsidered April 8, 1997, Ordered, Printed and Laid Over)

A Local Law to amend the administrative code of the city of New York, in relation to the food vending business

Be it enacted by the Council as follows:

Section I. Legislative findings and intent. The council finds that local law 15 for the year 1995 restricted the number of food vendor permits to be issued to those engaged in the food vending business to one full-term or temporary food vendor permit per individual, corporation, partnership or other business entity in order to stop the amassing of large numbers of permits by any one individual, corporation, partnership or other business entity, and the illegal leasing of such permits by some of these multiple permit holders for exorbitant sums of money. The council further finds that an unintended effect of such local law was the difficulty this one permit limitation created for certain small business owners who held multiple temporary permits and who are exclusive distributors or manufacturers of food such as ice cream sold on a seasonal basis on the streets of the City. These exclusive distributors or manufacturers must rely on their ability to maintain a certain number of pushcarts or vehicles that can legally purvey their food products on the City's streets during a limited season, and such pushcarts or vehicles each need a valid temporary food vendor permit from the City's Department of Health. Without more than one temporary permit, these exclusive distributors or manufacturers cannot maintain the requisite number of pushcarts or vehicles they need during their limited vending season to stay in business and to keep their product available to the City's residents, work force and visiting tourists. The council further finds that through the use of unissued temporary food vendor permits and as currently issued temporary food vendor permits are retired, those exclusive distributors or manufacturers who held multiple temporary food vendor permits before local law 15 for the year 1995 divested them of their additional permits should be allowed to again hold their multiple temporary food vendor permits up to a maximum of a total of sixty temporary food vendor permits. Moreover, multiple temporary food vendor permits should only be issued to persons who were in business as exclusive distributors or manufacturers at the time local law 15 for the year 1995 was enacted and such multiple permits should not be transferable.

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[Consolidated provisions are not included in this Appendix A]

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§ 13. This local law shall take effect immediately, provided, however, that section nine of this local law shall not take effect until one hundred twenty days after the date of enactment of this local law, and, provided, further, that the commissioner of the department of health may promulgate any necessary rules and take any other actions necessary for the timely implementation of section nine of this local law prior to such effective date. Any person 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 the administrative code of the city of New York, as added by section five of this local law, who leases a vehicle or pushcart owned by such person with such person's temporary permit attached thereto to a person licensed as a food vendor pursuant to subchapter two of chapter three of title seventeen of such code shall be subject to the provisions of section nine of this local law on or after the effective date of such section.

L.L. 1997/028

Enactment date: 5/16/1997

Int. No. 806-A

By the Speaker (Council Member Vallone) and Council Members Fisher, O'Donovan, White and Eristoff (by request of the Mayor); also Council Member Williams

A Local Law to amend the administrative code of the City of New York, in relation to the regulation of public wholesale markets

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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§ 2. The Brooklyn wholesale meat market, as described herein, shall be a public wholesale market for the purposes of section 1301 of the New York City charter and section 72-p of the general municipal law, as enacted by chapter five hundred six of the laws of nineteen hundred eighty-nine, and the commissioner of business services shall be authorized to exercise within the Brooklyn wholesale meat market all powers vested in the commissioner under the provisions thereof and this local law. The Brooklyn wholesale meat market shall consist of that area within the borough of Brooklyn beginning at the point where the westerly street line of first avenue intersects the center line of fifty-fourth street; thence southerly approximately eight hundred and eighty-six and four-tenths feet along the westerly street line of first avenue; thence westerly along a line perpendicular to first avenue to the United States pierhead line; thence northerly along the United States pierhead line to a point where the center line of fifty-fourth street as extended intersects the United States pierhead line; thence easterly along the center line of fifty-fourth street as extended to the point of beginning.

§ 3. Notwithstanding any other provision of this local law to the contrary, the provisions of chapter 1-B of title 22 of the administrative code of the city of New York as added by section 1 of this local law regarding: (1) the authorization of the commissioner of business services to require a wholesaler or market business to contract with an independent auditor contained in section 22-253 of such code; (2) requirements for the registration of a labor organization or labor union and the disqualification from office-holding in such organizations contained in sections 22-264 and 22-260 of such code as added by section 1 of this local law; and (3) requirements for the registration of a market business contained in section 22-253 of such code of the city as added by section 1 of this local law shall apply as of the effective date of this local law within the fulton fish market distribution area or other seafood distribution area as defined in section 22-202 of the administrative code; provided, however, that no enforcement of the provisions of such section 22-253 with respect to the registration of such market business, the registration of labor organizations or labor unions or the disqualification of officers of such organizations or unions, or the registration of wholesaler trade associations or the disqualification of officers of such associations shall take place until following the effective date of rules promulgated pursuant to this local law, except that, with respect to a market business doing business in the fulton fish market distribution area or other seafood distribution area as of the effective date of this local law the principals of which the commissioner has required to submit to fingerprinting and disclosure pursuant to section 22-258 of the administrative code as added by section 1 of this local law, no enforcement of such requirements shall take place unless and until such entity has failed to submit such fingerprints or disclosure within the time period specified by the commissioner or such registration has been denied.

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[Consolidated provisions are not included in this Appendix A]

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§ 12. This local law shall take effect immediately.

L.L. 1997/029

Enactment date: 5/16/1997

Int. No. 955

By Council Members Koslowitz, Eisland, Lasher and Perez; also Council Members Harrison and Povman (Read and referred to the Committee on Consumer Affairs) (Preconsidered on April 18, 1997)

A Local Law to amend the administrative code of the city of New York, in relation to newsstands and to repeal the first paragraph of subdivision h of section 20-231 of such code.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby finds and declares that the present procedures for the licensing of newsstands are inefficient and do not operate well in conjunction with procedures for the placement of other structures and objects on the City's sidewalks. In addition, the current method of regulating newsstands does not provide sufficient controls to address all of the concerns they present, including public safety and pedestrian traffic. A new approach needs to be formulated so that newsstands can adequately serve the public without, among other things, overcrowding the City's sidewalks and threatening pedestrian safety. An interagency Streetscape Task Force has examined the issue of structures and objects on the City's sidewalks and has developed a comprehensive plan to improve their crowded and often unsightly appearance. One of the key provisions of this plan is for the Department of Transportation to offer a single franchise for the design, construction, installation, and maintenance of a variety of structures and objects on the City's sidewalks, including newsstands, at no cost to the City (the "coordinated street furniture franchise"). The Department of Transportation would determine, pursuant to siting criteria and a consultative process with elected officials and community boards, and in consultation with the franchisee, the order in which and location where such newsstands would be built by such franchisee. The franchisee would be able to sell advertising space on such newsstands, and the City would receive a share of the gross revenue generated by such advertising or a fixed, guaranteed minimum annual amount, whichever is greater.

As for the operation of new newsstand sites built by such franchisee, other than those built to replace an existing newsstand, a competitive system would be used to select the operator thereof. In this competitive system, preferences will be granted to all persons who currently receive legislative preferences for the grant of newsstand licenses pursuant to New York City Administrative Code § 20-230(a): disabled veterans; persons with disabilities as currently defined by the Department of Consumer Affairs; veterans who are not disabled; and persons over the age of sixty-two. Persons who fall into categories receiving preferences pursuant to New York City Administrative Code § 20-230(a) will continue to receive preferences; however, if at the end of the five year period during which current newsstand operators will remain in their newsstands or in newsstands built to replace those newsstands, a competitive system is implemented to select the operators of those newsstands or replacement newsstands, preferences will be granted to current newsstand licensees only until the date on which a competitive system is used to select an operator for a newsstand built by the selected franchisee to replace such licensee's newsstand, or until the date on which such licensee successfully bids for operation of a newsstand, whichever occurs first.

The Council finds that current newsstand operators who have built and operated newsstands under the current licensing law should not, at least at this time, be put into this competitive system. However, there should be a moratorium on the issuance of newsstand licenses by the Department of Consumer Affairs and the City should receive revenues for the use of its sidewalks by newsstands. Therefore, pursuant to a determination made by the Department of Transportation regarding a particular newsstand location, persons who are newsstand licensees as of the effective date of this local law will be given the opportunity to become concessionaires at the site of the newsstands they have already built. As for the operation of newsstands built by such franchisee to replace existing newsstands, persons who are newsstand licensees as of the effective date of this local law who are operating existing newsstands pursuant to such licenses or who have been granted concessions to operate such existing newsstands will be given the opportunity to become concessionaires at the site of the newsstand built by such franchisee to replace such licensees' existing newsstands.

Thus, for a period of five years after the effective date of this local law, persons who are newsstand licensees as of the effective date of this local law shall be able either to continue to operate their existing newsstands as licensees or concessionaires, or to operate newsstands built by the franchisee to replace their existing newsstands as concessionaires; provided, however, that nothing shall limit the Commissioner of Consumer Affairs' authority to revoke or suspend a newsstand license during such five year period, and nothing shall limit the Commissioner of the Department of Transportation's authority to terminate a newsstand concession during such five year period. The five years shall be calculated as the amount of time spent, in any combination, after the effective date of this local law, as either a licensee or a concessionaire of an existing newsstand site, or as a concessionaire of a newsstand built by the selected franchisee to replace such licensee's existing newsstand.

Four years and three months after the effective date of this local law, the Commissioner of the Department of Transportation shall submit a report to the Council on the effectiveness of the newsstand concession program and the Mayor shall then submit a proposal as to the future operation of those newsstands which have continued to be operated by persons who are newsstand licensees as of the effective date of this local law. If the proposal is accepted or if the Council fails to act upon it within sixty days, it will take effect. If the Council rejects such proposal and fails to enact its own alternative, the Commissioner of the Department of Transportation may seek approval from the franchise and concession review committee for the continuation or renewal of concessions covering such newsstands and for the granting of concessions to such licensees who have continued to operate such newsstands as licensees. If such approval is not sought or not obtained, the Department of Consumer Affairs will reissue newsstand licenses to former newsstand licensees who had become concessionaires at such newsstands and will renew newsstand licenses that had continued to be held by such licensees.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. Four years and three months after the effective date of this local law, the department of transportation shall submit to the city council a report which shall include a comparison of the operation of those newsstands which have been competitively bid to those which have continued to be operated by former licensees who have become concessionaires at such former licensee's newsstand or at replacement stands installed and maintained pursuant to a franchise granted pursuant to chapter fourteen of the city charter. Such report shall compare the two types of newsstand operation with regard to revenue generated, turnover, amount of time in and out of operation, and any other factors which may be useful in determining the extent to which the newsstand operations are serving as adequate conduits for the dissemination of newspapers and periodicals, and shall explain any variables to which any of the information contained therein is subject. No later than thirty days after the submission of such report to the council, the mayor shall submit a proposal for the future operation of those newsstands which have continued to be operated by licensees or former licensees who have become concessionaires at such former licensees' newsstands or at replacement stands installed and maintained pursuant to a franchise granted pursuant to chapter fourteen of the city charter, after the date which is five years from the effective date of this local law. Within sixty days after the first stated meeting of the council following the receipt of such proposal, the council may approve, modify or reject the proposal by means of any appropriate legislative action. In the event the council fails to act with respect to the proposal within such sixty day period, the proposal shall be deemed to have been approved by the council.

§ 8. No newsstand which has continued to be operated by a licensee or former licensee who has become a concessionaire at such former licensee's newsstand or at a replacement stand installed and maintained pursuant to a franchise granted pursuant to chapter fourteen of the city charter, shall be the subject of an agreement entered into pursuant to a request for proposals, the term of which commences on a date which is more than five years after the effective date of this local law, unless (i) the mayor shall have recommended such action with regard to all newsstands operated by such licensees or former licensees in the proposal required pursuant to section seven of this local law and (ii) the council shall have approved such proposal pursuant to such section. Provided, however that the prohibition contained in this section shall not apply if such licensee or former licensee has (i) declined to enter into a concession agreement in the case of a licensee, or declined a continuation or renewal of a concession agreement covering such newsstand or replacement stand in the case of a former licensee, (ii) declined the renewal or reissuance of such operator's license proffered by the department of consumer affairs in accordance with section nine of this local law, or (iii) such person has been determined to be unfit to operate a newsstand as a concessionaire or licensee.

§ 9. If the council rejects the mayor's proposal in accordance with section seven of this local law, the department of transportation may seek to obtain approval for the continuation or renewal of concessions covering newsstands operated by former newsstand licensees at such former licensees' newsstands or at replacement stands installed and maintained pursuant to a franchise granted pursuant to chapter fourteen of the city charter, and for the granting of concessions to newsstand licensees who have continued to operate newsstands as licensees. If the department of transportation does not seek such approval or approvals, or such approval or approvals are not obtained, the department of transportation shall inform the department of consumer affairs, and, notwithstanding the provisions. contained in subdivisions d and f of section 20-229 of subchapter seven of chapter two of title twenty of the administrative code of the city of New York as added by section three of this local law, the department of consumer affairs shall reissue newsstand licenses to such former licensees for the locations at which they are operating such newsstands and shall renew newsstand licenses that continue to be held by licensees at an annual fee of five hundred thirty-eight dollars. Such reissued and renewed licenses shall be subject to all of the requirements of subchapter seven of title twenty of the administrative code relating to newsstands as amended by this local law, provided, however, that such licenses shall not be subject to cancellation as provided in subparagraph b of paragraph one of subdivision f of section 20-229 of such code as added by section three of this local law.

§ 10. Nothing contained herein shall affect the concessions granted by the department of transportation pursuant to section three hundred seventy-four of the city charter to operate newsstands installed and maintained pursuant to a franchise granted pursuant to chapter fourteen of the city charter where such newsstands do not replace existing newsstands.

§ 11. This local law shall take effect immediately.

L.L. 1997/031

Enactment date: 5/28/1997

Int. No. 934

By Council Members Fossella, Eisland, Fusco, Ognibene, Foster and Stabile; also Council Members Harrison, McCaffrey, O'Donovan and Abel

A Local Law in relation to a playground name, E.M.T. Christopher J. Prescott Playground, Borough of Staten Island

Be it enacted by the Council as follows:

Section 1. The following street name is hereby designated as hereafter indicated.

New Name	Present Name	Limits
E.M.T. Christopher J. Prescott Playground	Huguenot Playground	an existing playground located at the northeast corner of the intersection of Edith Avenue and Irvington Street and adjacent to I.S. 7

§ 2. This local law shall take effect immediately.

L.L. 1997/032

Enactment date: 5/28/1997

Int. No. 962

By Council Members Berman and Fisher (By request of the Mayor); also Council Members Harrison, Perez and Wooten

A Local Law in relation to prepayment of real estate taxes

Be it enacted by the Council as follows:

Section 1. Notwithstanding any other provision of law, any installment of taxes on real estate for the fiscal year beginning July first, nineteen hundred ninety-seven that becomes due and payable prior to January first, nineteen hundred ninety-eight, may be paid twenty-five days prior to the date on which the first installment for such fiscal year would otherwise become due and payable or at any time thereafter and; provided that any installment that becomes due and payable prior to January first, nineteen hundred ninety-eight, is paid in full not later than June twelfth, nineteen hundred ninety-seven, and provided, further, that all prior installments shall have been paid or shall be paid at the same time, a discount shall be allowed from the date of payment of such installment to and including the fifteenth day of the calendar month in which such installment would otherwise become due and payable at the rate of five percent per annum.

§ 2. Notwithstanding anything in section one of this local law to the contrary, the discount allowed pursuant to such section shall not be allowed to and including the fifteenth day of the calendar month in which such installment would otherwise become due and payable if the real property with respect to which such installment is paid is described in paragraph b of subdivision four of section fifteen hundred nineteen of the New York city charter. With respect to real property described in paragraph b of subdivision four of such section, the discount shall be allowed only to and including the date on which such installment of taxes would otherwise become due and payable.

§ 3. The discount provided for in subdivision three of section fifteen hundred nineteen of the New York city charter shall apply to all prepayments made in accordance with the terms of that subdivision after June twelfth, nineteen hundred ninety-seven.

§ 4. Notwithstanding any inconsistent provisions of Local Law No. 21 for the year 1997, for the purpose of implementing the provisions of this local law, the commissioner of finance shall be authorized to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law in accordance with subdivision a of section 1516-a of the New York city charter and, where the commissioner of finance has exercised the authority granted by subdivision a of section 1516-a of such charter, the provisions of subdivision b of section 1516-a of such charter shall apply.

§ 5. This local law shall take effect immediately.

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