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a. The annual fees for licenses and permits set forth in subdivisions b and c of this section shall be payable at the time of application for a license or permit or renewal thereof, except as otherwise provided in subdivision e of section 17-307 of this subchapter.
b. The annual fee for a license or renewal thereof shall be twenty-five dollars, except that the annual fee for a supervisory license shall be five hundred dollars; provided, however, that for an initial license issued for more than two years the applicable license fee shall be increased proportionally to the nearest quarter year.
c. The annual fee for a permit or renewal thereof shall be:
1. For a pushcart or vehicle selling prepackaged food or for a fresh fruits and vegetables permit: fifty dollars for the first year and twenty-five dollars for each year thereafter.
2. For a vehicle selling foods prepared or processed therein: as specified by rules of the commissioner.
d. The fee for issuing a duplicate license, permit or plate when the original has been lost, destroyed or mutilated shall be: ten dollars.
e. A person holding a license pursuant to the provisions of article four of the general business law shall be exempt from the payment of fees set forth in this section.
f. The fees provided for herein shall be in addition to any fees required pursuant to the New York city health code or the New York state sanitary code.
(Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021 and 8/27/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009 and L.L. 2021/018.
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 such veteran.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.
a. All applications for a license or permit shall be accompanied by payment of the fee and shall be in such form and detail as the commissioner may prescribe.
b. In addition to any other information required, the commissioner shall require the following information:
1. The name, home and business address of the applicant. If the applicant is applying for a permit to vend food from a vehicle or pushcart in a public place, the name, home address and license number of every food vendor who will be authorized to operate such applicant's vehicle or pushcart and the legal relationship between such applicant and such food vendor.
2. A description of the food to be offered for sale and a description of the vehicle or pushcart to be used and a statement whether or not the application is for a fresh fruits and vegetables permit.
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. Where the application is for a permit, proof that the applicant has obtained a certificate of authority to collect sales taxes pursuant to section eleven hundred thirty-four of the tax law from the New York state department of taxation and finance.
5. Whether such applicant is an individual, partnership or other association, or a corporation or limited liability company and if such applicant is an individual applying for a permit to vend food from a vehicle or pushcart in a public place, whether any of such applicant's unemancipated children hold such permits; if a partnership, limited liability company or other association, the name and address of each partner, member, officer or manager of such entity; if a corporation, the names and addresses of the officers, directors and shareholders.
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. 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 food vendor's license or renewal thereof.
8. Proof that the applicant has obtained the appropriate seal of approval from a weights and measures official for his or her weighing or measuring device or system as required under section one hundred eighty-three of the agriculture and markets law.
c. Only a licensed food vendor may be issued a vehicle or pushcart permit. The application for such permit shall set forth the information required in paragraphs one, two, four, five, six and seven of subdivision b of this section and such other information as the commissioner may prescribe.
d. Upon approval of an application the commissioner shall issue a license to the applicant for a license and a permit and plate to the applicant for a vehicle or pushcart permit. Such license shall contain the name and address of the licensee, his or her license number and a non-removable photograph of such licensee. The plate shall indicate whether or not the permit is a fresh fruits and vegetable permit.
(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 and L.L. 2008/009.
(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.
a. Each food vendor shall carry his or her license upon his or her person and it shall be exhibited upon demand to any police officer, public health sanitarian or other authorized officer or employee of the city.
b. The food vendor's license, including a supervisory license, shall be worn conspicuously by him or her at all times while he or she is operating as a food vendor.
c. The permit plate and letter grade shall be firmly affixed to the vending vehicle or pushcart in a conspicuous place as required by rules of the department.
d. Vendors issued fresh fruits and vegetables permits pursuant to paragraph four of subdivision b of section 17-307 of the administrative code of the city of New York shall carry upon their person a laminated or similarly durable and easily readable map, prepared and issued to them by the commissioner, designating those areas of the city in which they are authorized to vend. Those persons issued a fresh fruits and vegetables permit found to be vending from green carts and vehicles in precincts other than those designated on their borough-specific permits shall be deemed to be operating such vehicle or pushcart without a permit.
e. A permit plate on a vehicle or pushcart issued to a supervisory licensee shall indicate, either by color or other designation of the department's choosing, that such vehicle or pushcart may only be operated when a supervisory licensee is physically present and vending at such vehicle or pushcart.
(Am. L.L. 2017/108, 5/30/2017, eff. 2/24/2018; Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009 and L.L. 2021/018.
Each person issued a food vendor license or a permit to vend food from a vehicle or pushcart in a public place shall:
a. Permit regular inspections by the department of any vehicle or pushcart used in the operation of his or her business, any premises under his or her control in which food intended to be sold or offered for sale by him or her as a food vendor is prepared, processed or stored and present such vehicle or pushcart for inspection at such place and time as may be designated by the department;
b. Provide to the commissioner or any other authorized officer or employee of the city, the addresses and names of the owners of such service rooms, commissaries or distributors from whom such licensee receives his or her food and also the address at which such vendor stores his or her food and vehicle or pushcart;
c. Not use or permit anyone else to use a food vending vehicle or pushcart for vending any foods other than those authorized for sale by the commissioner or board unless prior written approval has been obtained from the commissioner or board; provided, however, that an exclusive distributor 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 this subchapter must primarily vend or permit anyone else using a pushcart or vehicle for which such exclusive distributor has a temporary permit to primarily vend, the food product that was the subject of the exclusive distribution agreement that such exclusive distributor had with a manufacturer on February third, nineteen hundred ninety-five, and, provided further, that a manufacturer 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 this subchapter must primarily vend or permit anyone else using a pushcart or vehicle for which such manufacturer has a temporary permit to primarily vend, the product that such manufacturer sold from a pushcart or vehicle on February third, nineteen hundred ninety-five;
d. Surrender his or her license, permit and plate promptly to the commissioner upon revocation, suspension, termination or expiration of his or her license or permit.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027.
a. No license, permit or plate issued under this subchapter shall be assignable or transferable.
b. No vehicle or pushcart used to vend food in a public place shall be assignable or transferable with a license, permit or plate that has been issued under this subchapter attached thereto.
c. A transfer in violation of this section shall be deemed to have occurred where, if a corporation is the permittee, there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued, or where the permittee is a limited liability company, where there has been the addition of any member, and where the permittee is a partnership, where there has been the addition of any partner. Furthermore, any such transfer in an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter shall result in the automatic revocation of all such additional temporary permits issued to such persons pursuant to such provision.
d. Notwithstanding the provisions in subdivisions a, b and c of this section:
1. the commissioner may, in his or her discretion, transfer a permit to a dependent husband, wife, domestic partner or child of an incapacitated or deceased person to whom the permit was issued under this subchapter;
2. an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may lease a vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's temporary permit attached thereto to a person licensed as a food vendor pursuant to this subchapter if (a) such exclusive distributor or manufacturer files with the department the bill of sale or other proof of ownership for such vehicle or pushcart with a duly issued sales tax receipt attached thereto; (b) such lease agreement sets forth the food product which may be primarily sold using such vehicle or pushcart; and (c) such lease agreement is approved by the department, provided, however, that if such lease agreement is not approved or disapproved within thirty calendar days after such lease agreement is filed with the department, such lease agreement shall be deemed to be approved by the department. The commissioner shall promulgate rules establishing the standards by which the department shall evaluate such lease agreements and such standards shall include, but not be limited to, requirements that such lease agreements contain fair and reasonable terms based upon such factors as the cost of purchasing and maintaining such pushcart or vehicle and that the terms of such lease agreement are the result of an arm's length negotiation between the parties thereto. Subleasing of any such vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's temporary permit attached thereto is strictly prohibited. Authorized officers and employees of the department of small business services and the department of investigation may assist the commissioner and the department in effectuating the provisions of this paragraph. Any violation or violations of the provisions of this paragraph or any rules promulgated hereunder by an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may be the basis for suspension or revocation of all of the permits issued to such exclusive distributor or manufacturer pursuant to this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027 and L.L. 1998/027.
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