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a. The commissioner may refuse to issue a food vendor license or a permit to vend food from a vehicle or pushcart in a public place, and may, after due notice and an opportunity to be heard, in addition to any other penalties provided herein, refuse to renew, suspend or revoke a food vendor license or a permit to vend food from a vehicle or pushcart in a public place, upon the occurrence of any one or more of the following conditions:
1. The applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have made a material false statement or concealed a material fact in connection with:
(a) an application for a food vendor license or a permit to vend food from a vehicle or pushcart in a public place; or
(b) the sale of any item of food.
2. The applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been found guilty of four or more violations of this subchapter or any rules promulgated pursuant thereto within a two-year period or have been found guilty of a violation of the provisions of part fourteen of the state sanitary code or of the New York city health code, or the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have pending any unanswered summonses for violation of this subchapter or any rules promulgated pursuant thereto.
3. The applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been convicted of any offense which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license or permit is required under this subchapter or has been convicted of any other offense which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license or permit.
4. Reserved.
5. A licensee issued a "fresh fruits and vegetables" permit, pursuant to paragraph 4 of subdivision b of section 17-307 of this subchapter, is found to be vending food such licensee is not permitted to sell or is found to be vending in a police precinct other than one in which the licensee is authorized to vend in accordance with such licensee's borough-specific permit.
6. A vehicle or pushcart for which the department issued a permit to a supervisory licensee is found to be operating without the presence of a person who has been issued a supervisory license or outside of the geographical restrictions permitted by the supervisory license.
b. The commissioner shall not issue or renew a food vendor license or a permit to vend food from a vehicle or pushcart in a public place if the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have failed to pay any fine, penalty or judgment duly imposed pursuant to the provisions of this subchapter or any rules promulgated thereunder.
c. The commissioner, for good cause, may, prior to giving notice and an opportunity to be heard, suspend a license or permit issued pursuant to this subchapter for a period of up to ten days. Notice of such suspension shall be served on the licensee or permittee. The commissioner shall provide the licensee or permittee with the opportunity for a hearing within ten days after the notification of suspension, after which the commissioner shall forthwith make a determination as to whether such suspension should continue and the length of such suspension, and in addition may impose any penalty or sanction authorized by this subchapter or any rules promulgated pursuant thereto.
d. Unless otherwise provided in section 17-314.1 of this subchapter, the commissioner shall not renew a permit to vend food from a vehicle or pushcart in a public place where the permittee has died if the permittee is a natural person, or if the permittee is a corporation, where 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; where the permittee is a limited liability company, where there has been the addition of any member or where such limited liability company has been dissolved, and where the permittee is a partnership, where there has been the addition of any partner or where such partnership has been dissolved.
e. Each applicant, licensee and permittee shall notify the department in writing by registered mail, return receipt requested, within three business days of receipt of a notice of service of a summons for a violation relating to conducting, maintaining or operating a food vending business and a conviction of such applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees for any offense occurring after the filing date of the application for a license or permit or a renewal thereof or occurring during the term of the license or permit.
f. Any person issued a food vendor license pursuant to this subchapter who commits three or more violations of the provisions of this subchapter and any rules promulgated thereunder within a two year period shall have his or her food vendor license revoked.
(Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021 and 5/29/2021; 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. 1997/027, L.L. 2008/009 and L.L. 2021/018.
a. The commissioner or board may promulgate rules 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. Notwithstanding any other provision of this subchapter, a person may be issued more than one full-term or temporary food vendor permit to vend in any area under the jurisdiction of the department of parks and recreation pursuant to an agreement entered into in accordance with chapter fourteen of the charter. Such person shall be exempt from any provisions of this subchapter restricting the number of full-term or temporary food vendor permits that may be issued to any one person and the full-term or temporary food vendor permits issued to such persons also shall be exempt from any provisions of this subchapter restricting the total number of full-term and temporary food vendor permits that may be issued. Such permits shall be subject to all other provisions, limitations and conditions imposed by this code or the health code, and all rules promulgated thereunder.
a. Public health sanitarians or other authorized officers or employees of the department and police officers shall have the power to enforce all laws, rules and regulations relating to food vendors. This provision shall in no way restrict any other power granted by law to any officer or employee of the city.
b. If a food vendor does not move his or her vehicle or pushcart 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 17-315 of this subchapter, such officer or employee may provide for the removal of such vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart may be charged with reasonable costs for such removal and storage, payable prior to the release of such vehicle or pushcart.
c. An officer or employee designated in subdivision a of this section may seize any vehicle or pushcart which (i) does not have a permit or (ii) is being used to vend on property owned by the city and under the jurisdiction of a city agency including, but not limited to, the department of parks and recreation or the department of small business services, without the written authorization of the commissioner of such department, or (iii) is being used by an unlicensed vendor, or (iv) is being used to vend 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 northerly side of Vesey Street, or (v) is selling food not authorized by the permit, and may seize any food sold or offered for sale from such vehicle or pushcart. Such vehicle, pushcart or food shall be subject to forfeiture as provided in section 17-322 of this subchapter. If a forfeiture proceeding is not commenced, the vendor may be charged with the reasonable costs for removal and storage payable prior to the release of such food, vehicle or pushcart unless the charge of vending without a permit or vending without a license or vending without the authorization of such commissioner is dismissed.
d. If a food vendor operates any food vending business on any street at any time where and when the operation of any food vending business is prohibited pursuant to the provisions of section 20-465.1 of the code and any rules promulgated pursuant thereto, or if a food vendor operates a food vending business 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 northerly side of Vesey Street, any authorized officer or employee of the city or member of the New York city police department is authorized to provide for the removal of such food vendor's food, vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart or food may be charged with reasonable costs for removal and storage.
e. Any notice of violation issued to a food vendor by an officer or employee described in subdivision a of this section that is returnable to a tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings, or to any court of competent jurisdiction, shall state the permit number of the vehicle or pushcart associated with such notice of violation. Any penalty duly imposed by such tribunal, and any fine or penalty imposed by such court, shall be considered to have been issued against the permittee associated with such permit number for the purposes of the non-issuance or renewal of a food vendor permit pursuant to subdivision b of section 17-317.
(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. 1995/014, L.L. 2008/009 and L.L. 2021/018.
a. In addition to any penalties imposed pursuant to subdivision a of section 17-325 of this subchapter upon any person found guilty of violating subdivision a, b or c of section 17-307 of this subchapter, all property seized pursuant to this subchapter shall be subject to forfeiture upon notice and judicial determination. 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, after deduction of the lawful expenses incurred, shall be paid into the general fund of the city of New York.
In the event that a seizure made pursuant to this subchapter shall include any perishable item of food which cannot be retained in custody without such item becoming unwholesome, putrid, decomposed or unfit in any way, the commissioner may order such item destroyed or otherwise disposed of provided, however, that written notice of such destruction or other disposition setting forth an itemized description of the property, the reason for its destruction or other disposition, and the date when it was destroyed or otherwise disposed of be mailed to the food vendor from whom it was seized within twenty-four hours after such disposition. A copy of such notice shall be kept on file by the department for a period of one year.
In the event that an agency seizes food when an employee or agent of the department of health and mental hygiene is present and determines that such food meets the sanitary requirements in the New York city health code, such agency shall, before disposing of such food, notify at least one food rescue organization that such organization may retrieve all or part of such food at such organization's expense. For the purposes of this section, the term "food rescue organization" means an organization that (i) retrieves, stores or distributes food that would otherwise be discarded, donated food or donated grocery products and (ii) donates such food or such grocery products to individuals, distributes such food or such grocery products to other food rescue organizations or otherwise distributes such food or such grocery products in connection with a food emergency program, food donation program or similar program.
(L.L. 2017/171, 9/8/2017, eff. 9/8/2017)
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