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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
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.
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.
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.
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.
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