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No such stand at a location not licensed on the twenty-fourth day of July, nineteen hundred thirty-five, shall be licensed if the proposed location of the stand is within two hundred feet of any store in which any of such articles are sold, or any of such services are rendered, except that the occupant of a store may be licensed to maintain a stand in front of such store for the sale of such articles or services as are provided within the store.
The fee for such license shall be based on the article or articles permitted to be sold or displayed as follows:
1. For fruits, vegetables, soft drinks or combinations thereof.....eighty dollars
2. For confectionary.....forty dollars
3. For ice cream.....forty dollars
4. For any combination of the foregoing, the license fee shall be the total of the prescribed fees, except that such fee shall not exceed one hundred dollars.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065.
a. Stoop line stands shall not exceed seven feet in height. Every stoop line stand shall be maintained wholly within the stoop line and shall not obstruct the free use of the sidewalk by pedestrians. Stoop line stands shall not exceed ten feet in length nor four feet in width, except as provided in subdivision b of this section.
b. Where the sidewalk in front of the premises is at least sixteen feet wide, such stoop line stand may extend up to ten feet in length and five feet in width as long as a straight, unobstructed pathway of at least nine and one-half feet is maintained at all times on the sidewalk in front of the entire length of the premises where such stoop line stand is located. Where the sidewalk in front of the premises is at least twenty-one feet wide, and if the entire premises is located within an M1, M2 or M3 zoning district, and if a stoop line stand on such premises was licensed on or before the first day of September, two thousand twelve, such stoop line stand may extend up to ten feet in length and ten feet in width as long as a straight, unobstructed pathway of at least nine and one-half feet is maintained at all times on the sidewalk in front of the entire length of the premises where such stoop line stand is located. In addition to any license fee required to be paid pursuant to section 20-236 of this subchapter, an applicant seeking to obtain or renew a license for any stoop line stand that extends beyond five feet in width shall pay to the department an inspection fee of seventy-five dollars for each stoop line stand that it seeks to license. Such fee shall be paid with the application for such license and shall be retained by the department regardless of whether the license is granted.
c. It shall be unlawful for any person to lease or permit any other person to use any space on the sidewalk located adjacent to such store for the purpose of selling or displaying any merchandise. Violations of this subdivision shall be punishable by a fine of one hundred dollars per day for each day said space is leased.
d. The commissioner shall promulgate any rules and regulations necessary for the proper implementation of this section.
(L.L. 2021/098, 9/26/2021, eff. 9/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065 and L.L. 2021/098.
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