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§ 20-445 Charge for admission and participation; amount of prizes; award of prizes.
Except for raffles conducted during professional and collegiate sporting competitions at sports venues, no more than two dollars shall be charged by any licensee for admission to any room or place in which any game or games of chance are to be conducted under any license issued under this subchapter. The department may in its discretion fix a minimum fee. Except for raffles conducted during professional and collegiate sporting competitions at sports venues, every winner shall be determined and every prize shall be awarded and delivered within the same calendar day as that upon which the game was played. The winner of any single prize in a raffle conducted during professional and collegiate sporting competitions at sports venues shall not be required to be present at the time such raffle is conducted. No alcoholic beverage shall be offered or given as a prize in any game of chance.
(Am. L.L. 2023/060, 5/25/2023, eff. 5/25/2023)
§ 20-446 Advertising games.
Except for raffles conducted during professional and collegiate sporting competitions at sports venues, no game of chance conducted or to be conducted in this city shall be advertised as to its location, the time when it is to be or has been played, or the prizes awarded or to be awarded, or transportation facilities to be provided to such game, by means of newspapers, radio, television or sound trucks or by means of billboards, posters or handbills or any other means addressed to the general public, except that one sign not exceeding sixty square feet in area may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, and when an organization is licensed to conduct games of chance on premises of an authorized games of chance lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any fire fighting equipment belonging to any licensee, which is a volunteer fire company, or upon any first-aid or rescue squad equipment belonging to any licensee, which is a first-aid or rescue squad, in and throughout the community or communities served by such volunteer fire company or such first-aid or rescue squad, as the case may be. When an organization is licensed or authorized to conduct games of chance on the premises of an authorized games of chance lessor, one additional sign may be displayed on or adjacent to the premises in which the games are to be conducted. A licensee conducting raffles during professional and collegiate sporting competitions at sports venues may advertise conduct of games of chance to the general public by means of newspaper, circular, handbill, poster, and through the internet or television as may be regulated by the rules and regulations of the board. All advertisements shall be limited to the description of such event as "Games of chance" or "Las Vegas Night", the name of the authorized organization conducting such games, the license number of the authorized organization as assigned by the department, the prizes offered and the date, location and time of the event.
(Am. L.L. 2023/060, 5/25/2023, eff. 5/25/2023)
§ 20-447 Statement of receipts, expenses; additional license fees.
   1.   Within seven days after the conclusion of any license period, the authorized organization which conducted the same, and its members who were in charge thereof, and when applicable the authorized organization which rented its premises therefor, shall each furnish to the department a statement subscribed by the member in charge and affirmed by him or her as true, under the penalties of perjury, showing the amount of the gross receipts derived therefrom and each item of expense incurred, or paid, and each item of expenditure made or to be made other than prizes, the name and address of each person to whom each such item of expense has been paid, or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the conduct of the games of chance during such license period, and the use to which such proceeds have been or are to be applied and a list of prizes offered and given, with the respective values thereof, and it shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such statement.
   2.   Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the department as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period covered by such statement and determined in accordance with such schedule as shall be established from time to time by the board to defray the actual cost to the city of administering the provisions of this subchapter, but such additional license fee shall not exceed five percent of the net proceeds for such occasion.
§ 20-448 Examination of books and records; examination of officers and employees; disclosure of information.
   1.   The department and the board shall have power to examine or cause to be examined the books and records of:
      a.   Any authorized organization which is or has been licensed to conduct games of chance, so far as they may relate to games of chance including the maintenance, control and disposition of net proceeds derived from games of chance or from the use of its premises for games of chance, and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game under any such license, the use of its premises for games of chance, or the disposition of net proceeds derived from games of chance, as the case may be.
      b.   Any authorized games of chance lessor so far as they may relate to leasing premises for games of chance and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to such leasing.
   2.   Any information received pursuant to subdivision one shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this subchapter.
§ 20-449 Appeals from the decision of the department to the board.
Any applicant for, or holder of, any license issued or to be issued under this subchapter aggrieved by any action of the department may appeal to the board from the determination of said department by filing with such department a written notice of appeal within thirty days after the determination or action appealed from, and upon the hearing of such appeal, the evidence, if any, taken before such department and any additional evidence, may be produced and shall be considered in arriving at a determination of the matters in issue, and the action of the board upon said appeal shall be binding upon such department and all parties to said appeal.
§ 20-450 Offenses; forfeiture of license; ineligibility to apply for license.
Any person, association, corporation or organization who or which shall:
   (1)   make any material false statement in any application for any license authorized to be issued under this subchapter;
   (2)   pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in subdivision two of section 20-440 of this subchapter;
   (3)   fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance;
   (4)   falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization;
   (5)   divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in this subchapter; shall be guilty of a misdemeanor and shall forfeit any license issued under this subchapter and be ineligible to apply for a license under this subchapter for at least one year thereafter.
§ 20-451 Unlawful games of chance.
Any person, association, corporation or organization holding, operating, or conducting a game or games of chance is guilty of a misdemeanor, except when operating, holding or conducting:
   (a)   in accordance with a valid license issued pursuant to this subchapter, or
   (b)   on behalf of a bona fide organization of persons sixty years of age or over, commonly referred to as senior citizens, solely for the purpose of amusement and recreation of its members where (i) the organization has applied for and received an identification number from the board, (ii) no player or other person furnishes anything of value for the opportunity to participate, (iii) the prizes awarded or to be awarded are nominal, (iv) no person other than a bona fide active member of the organization participates in the conduct of the games, and (v) no person is paid for conducting or assisting in the conduct of the game or games.
Subchapter 27: General Vendors
§ 20-452 Definitions.
For the purposes of this subchapter, the following words and terms shall have the following meaning:
   a.   "Food". Any raw, cooked, or processed edible substances, beverages, ingredients, ice or water used or intended for use or for sale in whole or in part for human consumption.
   b.   "General vendor." A person who hawks, peddles, sells, leases or offers to sell or lease, at retail, goods or services, including newspapers, periodicals, books, pamphlets or other similar written matter in a public space. This definition shall not include a food vendor as defined in subdivision c of section 17-306 of chapter three of title seventeen of this code, or a person required to be licensed under section 20-229 of subchapter seven of chapter two of this title of this code. This definition also shall not include persons who use stands or booths in a public space for the shining of shoes. This definition shall not include a pedicab driver licensed in accordance with subchapter nine of this chapter, who is operating a pedicab registered pursuant to subchapter nine and shall not include a pedicab owner licensed pursuant to such subchapter.
   c.   "General vending business" or "vending business". The business of selling, leasing or offering to sell or lease, at retail, goods or services other than food, engaged in by a general vendor in a public space.
   d.   "Public space". All publicly owned property between the property lines on a street as such property lines are shown on the City Record including but not limited to a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums and terminals.
   e.   "Pushcart". Any wheeled vehicle or device used by a general vendor in a public space, other than a motor vehicle or trailer, which may be moved with or without the assistance of a motor and which does not require registration by the department of motor vehicles.
   f.   "Stand". A movable, portable or collapsible structure, framework, device, container or other contrivance, other than a vehicle or pushcart, used by a general vendor in a public space for the purpose of displaying, keeping or storing any merchandise or article required by him or her while acting as such vendor.
   g.   "Vehicle". A motor vehicle or trailer, as defined in the vehicle and traffic law.
   h.   "Vend". To hawk, peddle, sell, lease, offer to sell or lease, at retail, goods or services other than food in a public space.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065 and L.L. 1995/014.
§ 20-453 License required.
It shall be unlawful for any individual to act as a general vendor without having first obtained a license in accordance with the provisions of this subchapter, except that it shall be lawful for a general vendor who hawks, peddles, sells or offers to sell, at retail, only newspapers, periodicals, books, pamphlets or other similar written matter, but no other items required to be licensed by any other provision of this code, to vend such without obtaining a license therefor.
§ 20-454 License term; fees.
   a.   All licenses issued pursuant to this subchapter shall be valid for two years unless sooner suspended or revoked. The commissioner shall establish by regulation the expiration date of such licenses.
   b.   The commissioner may issue a temporary license upon the furnishing of information and an application in such form and detail as he or she may prescribe and upon the payment of a fee of ten dollars for such temporary license.
   c.   The annual license fee for a license or a renewal thereof shall be two hundred dollars.
   d.   The fee for issuing a duplicate license when the original has been lost, destroyed or mutilated shall be ten dollars.
(Am. 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.
§ 20-455 Applications.
   a.   Each person applying for a general vendor's license or renewal thereof shall file an application in such form and detail as the commissioner may prescribe and, unless exempted by article four of the general business law, shall pay the fee required by this subchapter.
   b.   In addition to any other information required, the commissioner shall require the following information:
      1.   The name and home address of the applicant and the name and address of the owner, if other than the applicant, of any vehicle, pushcart, stand or goods to be used in the vending business.
      2.   A description of the type of goods or services to be vended or displayed and a description of any vehicle, pushcart or stand to be used in the vending business.
      3.   Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application.
      4.   Proof that the applicant has complied with all applicable laws, including compliance with section eleven hundred thirty-four of the tax law by obtaining from the New York state department of taxation and finance a certificate of authority designating the applicant's sales tax identification number.
      5.   An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served.
   6.   No City officer or employee shall inquire about an applicant's immigration or citizenship status as part of an application made pursuant to this section. Information about an applicant's immigration or citizenship status shall not affect the consideration of the application for a general vendor's license or renewal thereof.
(Am. L.L. 2024/052, 3/29/2024, eff. 3/29/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/066.
§ 20-455.1 Domestic partners.
For purposes of this subchapter, the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law shall also be bestowed upon the surviving domestic partner of any such veteran.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.
§ 20-456 License approval or denial.
   a.   Upon the approval of an application the commissioner shall issue a license to the applicant.
   b.   The commissioner may refuse to issue or renew a license if the applicant has been found to have violated chapter one or subchapter one of chapter five of this title or the rules or regulations thereto, provided, however, that in the event of a conflict between the provisions of such chapter and subchapter and the provisions of this subchapter, the provisions of this subchapter shall prevail; has pending any unanswered summonses or unsatisfied fines or penalties for violation of this subchapter or the regulations promulgated thereto; or for any cause set forth in any other section of this chapter as a ground for suspension or revocation.
§ 20-457 License renewal. [Repealed]
(Repealed L.L. 2024/052, 3/29/2024, eff. 3/29/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/033.
§ 20-458 Exemptions.
   a.   The commissioner may promulgate regulations exempting any non-profit association including, but not limited to, a government agency, charitable, educational, religious or other such organization from compliance with any of the provisions of this subchapter.
   b.   On the day of Asian Lunar New Year, as defined in section 19-163 of the administrative code, and during the seven days prior to such day, any person may sell plants and flowers for the purpose of celebrating Asian Lunar New Year without first securing a license pursuant to the provisions of this subchapter. Notwithstanding the above, any individual selling plants and flowers pursuant to this subdivision must comply with all other applicable provisions of this subchapter.
(Am. L.L. 2017/003, 1/27/2017, eff. 1/27/2017)
§ 20-459 New licenses; existing licenses.
   a.   The number of licenses in effect pursuant to this subchapter on the first day of September, nineteen hundred seventy-nine shall be the maximum number of licenses permitted to be in effect.
   b.   A license issued pursuant to this subchapter shall be renewable by the licensee upon its expiration or within sixty days of its expiration provided the licensee meets all other requirements for renewal, provided that the license has not been revoked, and provided that the licensee has not committed violations which could be a basis for license revocation under any provision of this subchapter.
§ 20-460 Hearings.
Unless otherwise specifically provided, notice and hearings upon denial of an application, the suspension or revocation of a license or the imposition of penalties provided in subdivision b of section 20-472 shall be in accordance with the provisions of chapter one of this title and the rules and regulations applicable thereto.
§ 20-461 Display of license.
   a.   Each general vendor shall carry his or her license on his or her person and it shall be exhibited upon demand to any police officer, authorized officer or employee of the department or other city agency.
   b.   The general vendor's license shall contain his or her name, his or her license number and a non-removable photograph of the licensee. It shall be worn conspicuously by him or her at all times while he or she is operating as a general vendor.
§ 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.
§ 20-467 Suspension and revocation of license.
Any license issued pursuant to the provisions of this subchapter may be suspended or revoked by the commissioner upon notice and hearing for any of the following causes:
   a.   Fraud, misrepresentation, or false statements contained in the application for the license;
   b.   Violation of chapter one or subchapter one of chapter five of this title of this code or the regulations promulgated thereto; provided, however, that in the event of a conflict between the provisions of such chapter and subchapter and the provisions of this subchapter, the provisions of this subchapter shall prevail; c. Fraud, misrepresentation, or false statements made in connection with the selling or leasing of any goods or services;
   d.   Four or more violations of any provision of this subchapter or the regulations promulgated thereto in a two-year period;
   e.   Failure to answer a summons or notice of violation, appear for a hearing, or pay a fine or civil penalty imposed pursuant to the provisions of this subchapter or the regulations promulgated hereunder;
   f.   Conviction of possessing or selling stolen property pursuant to section 165.40, 165.45 or 165.50 of the penal law.
§ 20-468 Enforcement.
   a.   Authorized officers and employees of the department and members of the police department shall have the power to enforce all laws, rules and regulations relating to general vendors. This provision shall in no way restrict any other power granted by law to an officer or employee of any city agency.
   b.   If a general vendor does not move his or her goods, vehicle, pushcart or stand when directed to do so by a police officer or other authorized officer or employee of the city in compliance with the provisions of subdivision k of section 20-465 such officer or employee is authorized to provide for the removal of such goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand or goods may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand.
   c.   Any police officer may seize any vehicle, pushcart or stand or other such device used by an unlicensed general vendor in violation of section 20-453 including a vehicle, pushcart or other such device used to transport goods sold, given or otherwise transferred to an unlicensed general vendor in violation of section 20-466 of this subchapter and may seize any goods which are being sold by an unlicensed general vendor in violation of section 20-453 and such vehicle, pushcart, stand or goods or other device shall be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to the possession of such goods, vehicle, pushcart, or stand or other device may be charged with the reasonable cost for removal and storage payable prior to the release of such goods, vehicle, pushcart, or stand or other device, unless the charge of unlicensed vending has been dismissed.
   d.   If a general vendor operates any general vending business in violation of the provisions of section 20-465.1 of this subchapter and any rules promulgated pursuant thereto on any such street and at any such time as the street vendor review panel has determined to be regularly too congested by pedestrian or vehicular traffic to permit the operation of any general vending business thereat without there being a serious and immediate threat to the health, safety and well-being of the public, or if a general vendor operates any such business in the area designated in paragraph two of subdivision g of section 20-465 of this subchapter, any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of such general vendor's goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and such goods, vehicle, pushcart or stand may be subject to forfeiture upon notice and judicial determination. If a forfeiture hearing is not commenced, the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand or goods may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand.
   e.   Any police officer may seize any vehicle, pushcart, stand or goods of a vendor operating any general vending business in violation of the following subdivisions of section 20-465: subdivisions b, e, i, or the provisions of subdivision m relating to obstruction of ventilation grilles. The owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand, or goods may be charged with reasonable costs for removal and storage payable prior to the release of such vehicle, pushcart, stand or goods, unless the violation has been dismissed.
   f.   If a general vendor who exclusively vends written matter conducts such business with the use of a vehicle, pushcart or stand, or 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, on any street and at any time where both (i) general vending is prohibited pursuant to section 20-465.1 of this subchapter and any rules promulgated thereunder or paragraph two of subdivision g of section 20-465 of this subchapter; and (ii) food vending is prohibited pursuant to section 20-465.1 of this subchapter and any rules promulgated thereunder or pursuant to subdivision k or 1 of section 17-315 of this code, any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of such general vendor's goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/040, L.L. 1990/064, L.L. 1993/045 and L.L. 1995/014.
§ 20-469 Forfeiture.
   a.   Notice of the institution of the forfeiture proceeding shall be in accordance with the provisions of the civil practice law and rules.
   b.   The police department having custody of the seized property, after judicial determination of forfeiture shall, upon a public notice of at least five days, sell such forfeited property at public sale. The net proceeds of such sale shall be paid into the general fund of the city. In the alternative, any such property may be used or converted to use for the purpose of any city, state or federal agency, or for charitable purposes, upon consultation with the human resources administration and other appropriate city agencies, and the police commissioner shall report annually to the city council on the distribution of such property.
§ 20-470 Seizure of perishable goods.
In the event that any seizure made pursuant to this subchapter 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.
§ 20-471 Regulations.
The commissioner shall make such regulations as deemed necessary for the proper implementation and enforcement of this subchapter.
§ 20-472 Penalties.
   a.   Any person who violates the provisions of sections 20-453 and 20-474.1 of this subchapter shall be guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than one thousand dollars, or by imprisonment for not more than three months or by both such fine and imprisonment. In addition, any police officer may seize any vehicle used to transport goods to a general vendor, along with the goods contained therein, where the driver is required to but cannot produce evidence of a distributor's license. Any vehicle and goods so seized may be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to possession of such vehicle and goods may be charged with the reasonable cost for removal and storage payable prior to the release of such vehicle and goods, unless the charge of unlicensed distributing has been dismissed.
   b.   Except as provided in subdivision a of this section, a person who violates any provision of this subchapter or any of the rules or regulations promulgated hereunder shall be guilty of an offense punishable by the court as follows:
      1.   For the first violation, a fine of not less than twenty-five nor more than fifty dollars.
      2.   For the second violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than fifty dollars nor more than one hundred dollars.
      3.   For a third violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.
      4.   For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a penalty of not more than five hundred dollars.
   c.   1.   In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of section 20-453 of this subchapter shall be liable for a civil penalty of two hundred fifty dollars together with a penalty of two hundred fifty dollars per day for every day during which the unlicensed business operated; except that a person who violates, or any person aiding another to violate, the provisions of section 20-453 of this subchapter by engaging in continued unlicensed activity as defined by the commissioner, considering factors including but not limited to the frequency and duration of such unlicensed activity, shall be liable for a civil penalty of one thousand dollars together with a penalty of two hundred fifty dollars per day for every day during which the unlicensed business operated.
      2.   In addition to the penalties prescribed by subdivision b of this section, any person who violates any of the provisions of this subchapter, other than section 20-453, or any of the rules and regulations promulgated hereunder shall be liable for a civil penalty as follows:
         (a)   For the first violation, a penalty of twenty-five dollars.
         (b)   For the second violation issued for the same offense within a period of two years of the date of a first violation, a penalty of fifty dollars.
         (c)   For the third violation issued for the same offense within a period of two years of the date of a first violation, a penalty of one hundred dollars.
         (d)   For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a penalty of two hundred and fifty dollars.
      3.   Notwithstanding any inconsistent provision of this subdivision, a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision b of section 20-461 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision b of section 20-461 or any rule or regulation promulgated thereunder shall be subject to a civil penalty of twenty-five dollars for a second violation and a civil penalty of fifty dollars for a third or subsequent violation.
   d.   A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision c of this section shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board. The board shall have the power to impose the penalties prescribed by subdivision c of this section.
   e.   Any person who violates the provisions of sections 20-465 and 20-465.1 of this subchapter and any rules promulgated thereunder shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/040, L.L. 1989/112, L.L. 1995/014 and L.L. 2021/080.
§ 20-472.1 Reports on vendor license renewals, suspensions, revocations, and adjudications.
   a.   Commencing on June 1, 2013, and every twelve months thereafter, the department shall issue an annual report to the council with respect to general vendor license renewals, suspensions, and revocations. Each report shall include the following information for the twelve-month period prior to the issuance of the report: (i) the number of general vendor license renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of this subchapter; (ii) the number of general vendor licenses suspended pursuant to section 20-467 of this subchapter and the basis for each such suspension; and (iii) the number of general vendor licenses revoked pursuant to section 20-467 of this subchapter and the basis for each such revocation.
   b.   Commencing on June 1, 2013, and every three months thereafter, the environmental control board shall issue quarterly reports to the council with respect to violations that were issued pursuant to this subchapter or to subchapter two of chapter three of title seventeen of the administrative code, and that were adjudicated by the environmental control board. Each report shall detail the three-month period prior to the issuance of the report. Such report shall include:
      1.   the number of hearings held to adjudicate violations of each section of such subchapters;
      2.   for each section of such subchapters the number of violations: (a) adjudicated during the period; (b) for which vendors were found liable; and (c) for which vendors were found not liable;
      3.   the dollar amount of each civil penalty imposed by the board; and
      4.   the dollar amount collected on each civil penalty imposed by the board.
§ 20-473 Exemptions for general vendors who exclusively vend written matter.
General vendors who exclusively vend written matter are exempt from the following provisions of this subchapter: sections 20-454, 20-455, 20-456, 20-457, 20-459, 20-461, 20-462, and 20-464; paragraph 1 of subdivision g of section 20-465; subdivision j of section 20-465, except that nothing herein shall be construed to deprive the commissioner of the department of parks and recreation of the authority to regulate the vending of written matter in a manner consistent with the purpose of the parks and the declared legislative intent of this subchapter; section 20-465.1 and any rules promulgated thereunder, except that on any street where both general vending is prohibited pursuant to section 20-465.1 and any rules promulgated thereunder and food vending is prohibited pursuant to section 20-465.1 and any rules promulgated thereunder or pursuant to subdivision 1 of section 17-315, general vendors who exclusively vend written matter shall not be permitted to vend with the use of any vehicle, pushcart or stand; sections 20-466 and 20-467; subdivisions c and d of section 20-468; sections 20-469 and 20-470; and subdivision a, and paragraph 1 of subdivision c of section 20-472.
(Am. L.L. 2024/051, 3/29/2024, eff. 3/29/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/045 and L.L. 1995/014.
§ 20-474 Procedures for recovery of written matter that has been removed.
A general vendor who exclusively vends written matter and who has had any written matter, or any vehicle, pushcart or stand removed under the provisions of subdivisions b, e or f of section 20-468 of this subchapter may serve upon the officer in charge of the police department facility in which the property is located notice of a request for the return of such property either before or after a judicial or administrative determination, conducted in accordance with chapter one of this title and all other laws, rules and regulations applicable thereto, of the violation underlying the removal of such written matter, vehicle, pushcart or stand has been made irrespective of the result of such determination. Unless the judicial or administrative proceeding has terminated in favor of such vendor, the owner, or other person lawfully entitled to the possession of such vehicle, pushcart, stand or written matter which has been removed under the aforementioned provisions shall be charged with reasonable costs for removal and storage, payable upon or after the judicial or administrative determination that the violation underlying the removal of such written matter, vehicle, pushcart or stand occurred. Such charge for removal and storage, which shall be established by the police commissioner by regulation shall be made part of the fine, penalty or judgment rendered in the judicial or administrative proceeding and shall be paid to the police department property clerk by the judicial or administrative body receiving such fine, penalty or judgment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/045.
§ 20-474.1 Delivery to general vendors; distributor's license required.
   a.   It shall be unlawful for any individual to transport goods by means of a motor vehicle, as defined in the vehicle and traffic law, to a public space for sale or other transfer to a general vendor, without having first obtained a distributor's license in accordance with the provisions of this subchapter. For the purpose of this section, "distributor" shall be defined as any person or organization engaged in the sale, consignment, or distribution of goods for sale or resale by a general vendor. This shall not include an owner of goods who personally operates a motor vehicle to transport such goods exclusively to and from a location from which the owner will personally sell such goods in compliance with all applicable laws. For the purpose of this section, "public space" shall be defined as all publicly owned property between the property lines on a street as such property lines are shown on the City map including but not limited to a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums, and terminals.
   b.   Where the distributor does not personally drive the vehicle, he or she shall cause the driver to carry proof of the distributor's license, which the driver shall furnish upon demand to any officer or agent empowered to enforce the law. No distributor shall permit any driver he or she employs to engage in, on the distributor's behalf, any of the activities for which a license is required unless such driver complies with all regulations promulgated pursuant to this subchapter.
   c.   Each person applying for a distributor's license, or renewal thereof, shall file an application in such form and detail as the commissioner may prescribe and shall pay such license fee as shall be established by the commissioner by regulation. In addition to any other information required, the commissioner shall require the following information:
      1.   The name and home and business address of the applicant;
      2.   The name and home and business address of the owner, if other than the applicant, of the goods to be delivered;
      3.   A description of the type of goods or services to be delivered;
      4.   Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application;
      5.   Proof that the applicant has obtained from the New York state department of taxation and finance a certificate of authority designating the applicant's sales tax identification number;
      6.   An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served;
      7.   Any changes in the information provided in an application for an original license or renewal thereof, which arise during the term of the license shall be reported to the commissioner in writing within thirty days.
(Am. L.L. 2024/052, 3/29/2024, eff. 3/29/2024)
§ 20-474.2 Delivery vehicle identification required.
   a.   No person shall engage in any activity for which a distributor's license is required unless the motor vehicle used therefor is identified in the manner prescribed by law or regulation.
   b.   Any vehicle used by a distributor to transport goods to a general vendor must be visually identified by a sign conspicuously displayed on the side of the vehicle. The following information shall be clearly and legibly displayed on such sign: the licensee's name, address, and business telephone number; the words "General Vending Distributor"; and the department's telephone complaint number. The letters and numerals of such display shall not be less than one and one-half inches in height, with a width of at least one-quarter of an inch, and shall be colored black or white, whichever is most prominent against the background color.
   c.   Signs used to identify delivery vehicles may be removable, but must be securely fastened whenever the vehicle is used to deliver or remove goods to or from a general vendor. The sign must remain securely attached throughout the time it takes to load or unload goods.
§ 20-474.3 Failure to produce license; presumptive evidence of unlicensed activity.
   a.   In any civil or criminal action or proceeding, failure by a general vendor who is required to be licensed pursuant to the provisions of this subchapter to exhibit upon demand a general vendor's license in accordance with the provisions of this subchapter to any police officer or authorized officer or employee of the department or other city agency shall be presumptive evidence that such general vendor is not duly licensed.
   b.   In any civil or criminal action or proceeding, failure by any person who is required to obtain a distributor's license pursuant to the provisions of this subchapter, or failure by the driver of such person, to exhibit upon demand a distributor's license in accordance with the provisions of this subchapter to any police officer or authorized officer or employee of the department or other city agency shall be presumptive evidence that such person is not duly licensed.
Subchapter 28: Storage Warehouses
§ 20-475 Definitions.
For purposes of this subchapter:
   a.   "Storage warehouse" means a building or structure, or any part thereof, in which a consumer's household goods are received for storage for compensation, except warehouses in which such goods are stored by or on behalf of a merchant for resale or other use in the course of the merchant's business.
   b.   "Storage warehouse operator" means any person operating any storage warehouse as defined herein.
   c.   "Household goods" shall mean property commonly used in a household, including but not limited to furniture, clothing and appliances but not including goods stored by, or on behalf of, a merchant for resale or other use in the merchant's business.
§ 20-476 License required.
No person shall operate a storage warehouse without a license. The annual fee for a license or a renewal shall be two hundred ninety-five dollars for the first warehouse and one hundred fifty dollars for each additional warehouse. The license shall be posted in a conspicuous place in the office of each warehouse.
§ 20-477 Duties of warehouse operator.
Every storage warehouse operator shall comply with the provisions of this subchapter and regulations promulgated by the commissioner setting forth requirements for estimates and any other rules and regulations promulgated to implement and enforce this subchapter.
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