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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.
a. Commencing on June 1, 2013, and every twelve months thereafter, the department shall issue an annual report to the council with respect to general vendor license renewals, suspensions, and revocations. Each report shall include the following information for the twelve-month period prior to the issuance of the report: (i) the number of general vendor license renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of this subchapter; (ii) the number of general vendor licenses suspended pursuant to section 20-467 of this subchapter and the basis for each such suspension; and (iii) the number of general vendor licenses revoked pursuant to section 20-467 of this subchapter and the basis for each such revocation.
b. Commencing on June 1, 2013, and every three months thereafter, the environmental control board shall issue quarterly reports to the council with respect to violations that were issued pursuant to this subchapter or to subchapter two of chapter three of title seventeen of the administrative code, and that were adjudicated by the environmental control board. Each report shall detail the three-month period prior to the issuance of the report. Such report shall include:
1. the number of hearings held to adjudicate violations of each section of such subchapters;
2. for each section of such subchapters the number of violations: (a) adjudicated during the period; (b) for which vendors were found liable; and (c) for which vendors were found not liable;
3. the dollar amount of each civil penalty imposed by the board; and
4. the dollar amount collected on each civil penalty imposed by the board.
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.
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