(a) The Department will provide and install a location sharing device on each mobile food vending unit that is required to be permitted by the Department to vend food. The Department may alter the mobile food vending unit to the extent necessary to install such device on the unit.
(b) A location sharing device shall remain the property of the Department. After the Department installs the device, the mobile food vending unit shall operate with the device installed on the unit at all times.
(c) The Department shall install the initial location sharing device at a pre-permit inspection. No person other than the Department shall attempt to or actually remove, dispose of, obstruct, tamper with, or modify a location sharing device. Removing, disposing of, or tampering with, or in any way interfering with the operation of the location sharing device shall be grounds to revoke a mobile food vending permit or license or both.
(d) In the event the Department determines that the location sharing device on a mobile food vending unit is not functioning, it may issue a written order to the permit holder to bring the unit to a location designated by the Department. Upon receiving such an order, a permit holder must bring the unit to the designated location within five (5) days unless otherwise instructed by the Department.
(e) The Department shall use the data obtained from a location sharing device only to locate a unit for the purposes of enforcing the provisions of this Chapter, the State Sanitary Code, the Health Code, the Administrative Code, Public Health Law, other Rule of the City of New York, or as otherwise required by a lawful order of a court with proper jurisdiction.
(f) The device may not continuously track the location of the unit on which it is installed and may only be used to locate a unit at a specific moment in time.
(g) Each location sharing device that is installed on a mobile food vending unit shall have a unique identifier that shall not be the same number as the mobile food vending unit permit, license or decal.
(h) Only employees or agents of the Department who are authorized to enforce the laws and rules described in subdivision (e) of this section shall have access to the data gathered by a location sharing device, and the Department may not disclose such data to any other person, except as required by a lawful order of a court with proper jurisdiction.
(i) Any data gathered by a location sharing device shall be maintained by the Department for no more than 24 hours and shall be transmitted and maintained as confidential information in a secure manner.
(Added City Record 11/9/2018, eff. 12/9/2018)