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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.
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.
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)
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.
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.
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