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§ 20-462 Notification of change.
Whenever any information provided on the application for a license or renewal thereof has changed the licensee shall notify the commissioner within ten days of such change.
§ 20-463 Bookkeeping requirements. [Repealed]
(Repealed L.L. 2024/051, 3/29/2024, eff. 3/29/2024)
§ 20-464 Duties of licensees.
Each licensed general vendor shall:
   a.   Permit regular inspections by the department or any authorized city agency of any goods, vehicle, pushcart or stand used in the operation of the vending business, and of any premises used by him or her for the storage or preparation of goods intended to be vended in such business;
   b.   Provide to the commissioner, or other authorized officer or employee of a city agency requesting such information, on a semi-annual basis, or more often if required by regulation promulgated by the Commissioner, the address and name of the owners or the manufacturers, suppliers or distributors from whom the licensee receives his or her goods and also the address at which the licensee stores his or her goods or any vehicle, pushcart or stand used in the operation of the vending business;
   c.   Not use or permit anyone else to use a vending vehicle, pushcart or stand for the sale or lease of any goods or merchandise prohibited by the commissioner;
   d.   Not sell, lend, lease or in any manner transfer his or her license or any interest therein unless prior approval of the commissioner has been obtained.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/112.
§ 20-465 Restrictions on the placement of vehicles, pushcarts and stands; vending in certain areas prohibited.
   a.   No general vendor shall engage in any vending business on any sidewalk unless such sidewalk has at least a twelve-foot wide clear pedestrian path to be measured from the boundary of any private property to any obstructions in or on the sidewalk, or if there are no obstructions, to the curb. In no event shall any pushcart or stand be placed on any part of a sidewalk other than that which abuts the curb.
   b.   No general vendor shall occupy more than eight linear feet of public space parallel to the curb in the operation of a vending business and, in addition, no general vendor operating any vending business on any sidewalk shall occupy more than three linear feet to be measured from the curb toward the property line.
   c.   No vending vehicle, pushcart, stand, goods or any other item related to the operation of a vending business shall touch, lean against or be affixed permanently or temporarily to 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, refuse baskets or traffic barriers.
   d.   No vending pushcart, stand or goods shall be located against display windows of fixed location businesses, nor shall they be within twenty feet from 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 general vendor shall vend within any bus stop or 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, or within ten feet of any driveway, any subway entrance or exit, or any corner. For the purposes of this subdivision, ten feet from any corner shall be measured from a point where the property line on the nearest intersecting block face, when extended, meets the curb.
   f.   Each general vendor who vends from a pushcart or stand 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 general vendor vend so as to restrict the continued maintenance of a clear passageway for vehicles.
   g.   (1)   No general vendor shall vend on any street which is in a C4, C5, or C6 zoning district, or in the area bounded on the east by Second Avenue, on the south by Thirtieth Street, on the west by Ninth Avenue and Columbus Avenue and on the north by Sixty-fifth Street, except that as chairperson of the street vendor review panel established pursuant to section 20-465.1 of this subchapter, the commissioner of the department of small business services or his or her designee may receive applications from any person, group, organization or other entity to permit general vendors on any street within said area or said zones, or to prohibit general vendors on any other street. Such applications shall be considered by the street vendor review panel in accordance with the procedures enumerated in section 20-465.1 of this subchapter.
      (2)   No general vendor shall vend on any street which is 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 general vendor shall vend on the easterly or westerly side of Greenwich Street between Liberty Street and Thames Street;
         (b)   No general vendor shall vend on the easterly side of West Broadway between Barclay Street and Park Place;
         (c)   No general vendor shall vend on the northerly or southerly side of Liberty Street between Trinity Place to West Street;
         (d)   No general vendor shall vend on the easterly side of West Street between Liberty Street and Cedar Street;
         (e)   No general vendor shall vend on the westerly side of Trinity Place between Liberty Street and Thames Street; and
         (f)   Notwithstanding the restrictions in paragraph 2 of subdivision g of this section, general vending shall be permitted on the following streets provided that general 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.
      (3)   Upon issuance of a new general vendor license or a renewal of an existing license, the commissioner shall provide a copy of subchapter twenty-seven of chapter two of this title and of the rules of the city of New York implementing such subchapter to such new or renewal licensee.
      (4)   No general vendor shall vend on any street that is in the area including and bounded on the east by the easterly side of Union Street, on the south by the southerly side of Sanford Avenue, on the west by the westerly side of College Point Boulevard and on the north by the northerly side of Northern Boulevard.
      (5)   No general 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.
   h.   No vending vehicle, pushcart, stand, goods or any other item related to the operation of a 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.
   i.   No general vendor shall vend on the median strip of a divided roadway unless such strip is intended for use as a pedestrian mall or plaza.
   j.   No general vendor shall vend within the geographical 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 general vendor from obtaining a license in accordance with this subchapter.
   k.   Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency gives notice to a general vendor to temporarily move from any location such general vendor shall not vend from such location. For the purposes 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, an accident, fire or other emergency situation, a parade, demonstration or other such event or occurrence at or near such location.
   l.   [Reserved.]
   m.   No general vendor shall vend over any ventilation grill, cellar door, manhole, transformer vault, or subway access grating.
   n.   No general vendor shall vend using the surface of the sidewalk, or a blanket or board placed immediately on the sidewalk or on top of a trash receptacle or cardboard boxes to display merchandise. No general vendor display may exceed five feet in height from ground level, provided that a general vendor may use an umbrella that exceeds such height.
   o.   No general vendor shall sell or offer for sale any item directly from any parked or double parked motor vehicle.
   p.   No general vendor shall use electricity, electrical generating equipment or oil or gasoline powered equipment, devices or machinery of any kind.
   q.   No general vendor shall vend:
      1.   within twenty feet from sidewalk cafes or licensed stoop line stands; and
      2.   within five feet from (a) bus shelters, (b) newsstands, (c) public telephones or (d) disabled access ramps.
   r.   The department, or such other agency designated by the mayor, shall provide a website that shows a map of block faces where general 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. 1989/112, L.L. 1995/014, L.L. 2006/039 and L.L. 2021/018.
§ 20-465.1 Street vendor review panel.
   a.   There is hereby established a street vendor review panel consisting of four members. Such panel shall include the commissioner of the department of small business services, the director of the department of city planning and the commissioner of the department of transportation, or their respective designees. Such panel shall also include a member appointed by the mayor upon nomination by the speaker of the council. The commissioner of the department of small business services or his or her designee shall serve as chairperson. The departments of small business services, city planning and transportation shall provide such assistance as the street vendor review panel deems necessary and appropriate to enable such panel to carry out its responsibilities. In the same manner as provided in section 1043 of the city charter, the street vendor review panel shall promulgate, and may from time to time amend, rules prohibiting the operation of any general vending business or food vending business, as defined in chapter three of title seventeen of this code, or both, on any street, at any time, after making a determination that such vending business would constitute a serious and immediate threat to the health, safety and well-being of the public on the ground that such street at such time is regularly too congested by pedestrian or vehicular traffic to permit the operation of such business. No general vendor or food vendor, as defined in chapter three of title seventeen of the code, shall vend on any such streets at any such times.
   b.   Requests for the adoption or amendment of rules prohibiting the operation of any general vending business or food vending business, as defined in chapter three of title seventeen of this code, or both, on any street, at any time, may be submitted to the commissioner of the department of small business services or his or her designee. Within sixty days after the submission of such request, the street vendor review panel shall convene to determine either to deny such request in writing, stating the reasons for denial, or to state its intention to initiate rulemaking, by a specified date, concerning the subject of such request. In initiating a rulemaking, the panel shall not be bound by the streets or times requested, and may modify such streets and such times at its discretion. If the panel has stated the intention to initiate rulemaking, it shall publish such proposed rule for comment and public hearing in the same manner as provided in subdivisions b and d of section 1043 of the city charter. After consideration of the relevant comments presented, the panel may adopt a final rule relating to such streets and such times pursuant to subdivisions d and e of section 1043 of the city charter.
   c.   Copies of any rules promulgated pursuant to this section shall be mailed to each licensed general vendor or licensed food vendor, by the department or the department of health and mental hygiene, respectively, by regular mail at the last home address provided by the vendor to the department or the department of health and mental hygiene and shall be annexed to each license or renewal issued to any general vendor or food vendor.
   d.   Nothing herein contained shall exempt any general vendor from the provisions of subdivision g of section 20-465 of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/014.
§ 20-465.2 Street vendor advisory board.
   a.   There is hereby established a street vendor advisory board consisting of the commissioner of consumer and worker protection, the commissioner of health and mental hygiene, the commissioner of small business services, the commissioner of transportation, and the police commissioner, or the designee of any such commissioner, six members appointed by the speaker, two of whom represent street vendors, one of whom represent the small business community, one of whom represents organizations representing workers at retail food stores, one of whom represents property owners and one of whom who represents a community organization, and four members appointed by the mayor, two of whom represent street vendors and two of whom represent the small business community.
   b.   In addition to its other duties, the street vendor advisory board shall, prior to June 1 of each year from 2023 through 2030, issue to the speaker of the council a recommendation on whether the department of health and mental hygiene's authority to issue any or all of the supervisory licenses authorized to be issued by such department should be restricted, expanded, or otherwise altered based on an analysis of the results of the increased number of food vendor permits issued pursuant to the local law that added this section.
(L.L. 2021/018, 2/28/2021, eff. 5/29/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/018.
§ 20-466 Prohibitions.
It shall be unlawful for any person to sell, give or otherwise transfer any goods or merchandise to an unlicensed general vendor for resale in a public space or to rent or otherwise knowingly transfer any vehicle, stand or pushcart for use by an unlicensed general vendor in a vending business in a public space.
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