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a. There is hereby established a street vendor advisory board consisting of the commissioner of consumer and worker protection, the commissioner of health and mental hygiene, the commissioner of small business services, the commissioner of transportation, and the police commissioner, or the designee of any such commissioner, six members appointed by the speaker, two of whom represent street vendors, one of whom represent the small business community, one of whom represents organizations representing workers at retail food stores, one of whom represents property owners and one of whom who represents a community organization, and four members appointed by the mayor, two of whom represent street vendors and two of whom represent the small business community.
b. In addition to its other duties, the street vendor advisory board shall, prior to June 1 of each year from 2023 through 2030, issue to the speaker of the council a recommendation on whether the department of health and mental hygiene's authority to issue any or all of the supervisory licenses authorized to be issued by such department should be restricted, expanded, or otherwise altered based on an analysis of the results of the increased number of food vendor permits issued pursuant to the local law that added this section.
(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.
It shall be unlawful for any person to sell, give or otherwise transfer any goods or merchandise to an unlicensed general vendor for resale in a public space or to rent or otherwise knowingly transfer any vehicle, stand or pushcart for use by an unlicensed general vendor in a vending business in a public space.
Any license issued pursuant to the provisions of this subchapter may be suspended or revoked by the commissioner upon notice and hearing for any of the following causes:
a. Fraud, misrepresentation, or false statements contained in the application for the license;
b. Violation of chapter one or subchapter one of chapter five of this title of this code or the regulations promulgated thereto; provided, however, that in the event of a conflict between the provisions of such chapter and subchapter and the provisions of this subchapter, the provisions of this subchapter shall prevail; c. Fraud, misrepresentation, or false statements made in connection with the selling or leasing of any goods or services;
d. Four or more violations of any provision of this subchapter or the regulations promulgated thereto in a two-year period;
e. Failure to answer a summons or notice of violation, appear for a hearing, or pay a fine or civil penalty imposed pursuant to the provisions of this subchapter or the regulations promulgated hereunder;
f. Conviction of possessing or selling stolen property pursuant to section 165.40, 165.45 or 165.50 of the penal law.
a. Authorized officers and employees of the department and members of the police department shall have the power to enforce all laws, rules and regulations relating to general vendors. This provision shall in no way restrict any other power granted by law to an officer or employee of any city agency.
b. If a general vendor does not move his or her goods, vehicle, pushcart or stand 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 20-465 such officer or employee is authorized to provide for the removal of such goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand or goods may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand.
c. Any police officer may seize any vehicle, pushcart or stand or other such device used by an unlicensed general vendor in violation of section 20-453 including a vehicle, pushcart or other such device used to transport goods sold, given or otherwise transferred to an unlicensed general vendor in violation of section 20-466 of this subchapter and may seize any goods which are being sold by an unlicensed general vendor in violation of section 20-453 and such vehicle, pushcart, stand or goods or other device shall be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to the possession of such goods, vehicle, pushcart, or stand or other device may be charged with the reasonable cost for removal and storage payable prior to the release of such goods, vehicle, pushcart, or stand or other device, unless the charge of unlicensed vending has been dismissed.
d. If a general vendor operates any general vending business in violation of the provisions of section 20-465.1 of this subchapter and any rules promulgated pursuant thereto on any such street and at any such time as the street vendor review panel has determined to be regularly too congested by pedestrian or vehicular traffic to permit the operation of any general vending business thereat without there being a serious and immediate threat to the health, safety and well-being of the public, or if a general vendor operates any such business in the area designated in paragraph two of subdivision g of section 20-465 of this subchapter, any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of such general vendor's goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and such goods, vehicle, pushcart or stand may be subject to forfeiture upon notice and judicial determination. If a forfeiture hearing is not commenced, the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand or goods may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand.
e. Any police officer may seize any vehicle, pushcart, stand or goods of a vendor operating any general vending business in violation of the following subdivisions of section 20-465: subdivisions b, e, i, or the provisions of subdivision m relating to obstruction of ventilation grilles. The owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand, or goods may be charged with reasonable costs for removal and storage payable prior to the release of such vehicle, pushcart, stand or goods, unless the violation has been dismissed.
f. If a general vendor who exclusively vends written matter conducts such business with the use of a vehicle, pushcart or stand, or using the surface of the sidewalk, or a blanket or board placed immediately on the sidewalk or on top of a trash receptacle or cardboard boxes to display merchandise, on any street and at any time where both (i) general vending is prohibited pursuant to section 20-465.1 of this subchapter and any rules promulgated thereunder or paragraph two of subdivision g of section 20-465 of this subchapter; and (ii) food vending is prohibited pursuant to section 20-465.1 of this subchapter and any rules promulgated thereunder or pursuant to subdivision k or 1 of section 17-315 of this code, any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of such general vendor's goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/040, L.L. 1990/064, L.L. 1993/045 and L.L. 1995/014.
a. 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 shall be paid into the general fund of the city. In the alternative, any such property may be used or converted to use for the purpose of any city, state or federal agency, or for charitable purposes, upon consultation with the human resources administration and other appropriate city agencies, and the police commissioner shall report annually to the city council on the distribution of such property.
In the event that any seizure made pursuant to this subchapter shall include any perishable items or food products which cannot be retained in custody without such items or food products becoming unwholesome, putrid, decomposed or unfit in any way, they may be delivered to the commissioner of health for disposition pursuant to the provisions of section 17-323 of this code.
a. Any person who violates the provisions of sections 20-453 and 20-474.1 of this subchapter shall be guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than one thousand dollars, or by imprisonment for not more than three months or by both such fine and imprisonment. In addition, any police officer may seize any vehicle used to transport goods to a general vendor, along with the goods contained therein, where the driver is required to but cannot produce evidence of a distributor's license. Any vehicle and goods so seized may be subject to forfeiture upon notice and judicial determination. If a forfeiture proceeding is not commenced, the owner or other person lawfully entitled to possession of such vehicle and goods may be charged with the reasonable cost for removal and storage payable prior to the release of such vehicle and goods, unless the charge of unlicensed distributing has been dismissed.
b. Except as provided in subdivision a of this section, a person who violates any provision of this subchapter or any of the rules or regulations promulgated hereunder shall be guilty of an offense punishable by the court as follows:
1. For the first violation, a fine of not less than twenty-five nor more than fifty dollars.
2. For the second violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than fifty dollars nor more than one hundred dollars.
3. For a third violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.
4. For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a penalty of not more than five hundred dollars.
c. 1. In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of section 20-453 of this subchapter shall be liable for a civil penalty of two hundred fifty dollars together with a penalty of two hundred fifty dollars per day for every day during which the unlicensed business operated; except that a person who violates, or any person aiding another to violate, the provisions of section 20-453 of this subchapter by engaging in continued unlicensed activity as defined by the commissioner, considering factors including but not limited to the frequency and duration of such unlicensed activity, shall be liable for a civil penalty of one thousand dollars together with a penalty of two hundred fifty dollars per day for every day during which the unlicensed business operated.
2. In addition to the penalties prescribed by subdivision b of this section, any person who violates any of the provisions of this subchapter, other than section 20-453, or any of the rules and regulations promulgated hereunder shall be liable for a civil penalty as follows:
(a) For the first violation, a penalty of twenty-five dollars.
(b) For the second violation issued for the same offense within a period of two years of the date of a first violation, a penalty of fifty dollars.
(c) For the third violation issued for the same offense within a period of two years of the date of a first violation, a penalty of one hundred dollars.
(d) For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a penalty of two hundred and fifty dollars.
3. Notwithstanding any inconsistent provision of this subdivision, a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision b of section 20-461 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision b of section 20-461 or any rule or regulation promulgated thereunder shall be subject to a civil penalty of twenty-five dollars for a second violation and a civil penalty of fifty dollars for a third or subsequent violation.
d. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision c of this section shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board. The board shall have the power to impose the penalties prescribed by subdivision c of this section.
e. Any person who violates the provisions of sections 20-465 and 20-465.1 of this subchapter and any rules promulgated thereunder shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/040, L.L. 1989/112, L.L. 1995/014 and L.L. 2021/080.
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