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Chapter 1: License Enforcement
Chapter 2: Licenses
Subchapter A: Motion Picture Exhibitions
Subchapter B: Tobacco Retail Dealers
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Subchapter D: [Reserved]
Subchapter E: [Reserved]
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§ 2-58 Variances and Amendments. [Repealed]
(Amended City Record 9/3/2019, eff. 10/3/2019; repealed City Record 2/2/2024, eff. 3/3/2024)
§ 2-59 Rebuttable Presumption of Unenclosed Sidewalk Cafe Operation. [Repealed]
(Added City Record 9/3/2019, eff. 10/3/2019; repealed City Record 2/2/2024, eff. 3/3/2024)
Subchapter G: Sidewalk Stands
Part 1: Newsstands
§ 2-61 Definitions.
As used in this Part, the following terms shall be defined as follows:
   (a)   Area occupied. "Area occupied" means the sidewalk space under DOT's jurisdiction occupied by the newsstand operation and its operators when a newsstand is in operation, including any space occupied by the stand itself and its racks, tables, doors and everything else that prevents ordinary use of the sidewalk.
   (b)   Capital Project. "Capital Project" has the same meaning as set forth in subdivision (1) of Section 210 of the New York City Charter.
   (c)   Catchment area. "Catchment area" means the area within a radius of 500 feet of the location at which a newsstand is licensed to operate.
   (d)   Change in location or expansion of the area occupied. "Change in location or expansion of the area occupied", as used particularly in paragraph 2 of subdivision k of § 20-231 of the Code and subdivision (c) of 6 RCNY § 2-68, means a change in location or expansion of the area occupied by a newsstand such that the footprint of the new newsstand overlaps with the footprint of the old newsstand.
   (e)   Code. "Code" means the Administrative Code of the City of New York.
   (f)   Disabled person. "Disabled person" means a person who has a physical impairment that substantially limits one or more of such person's major life activities and who has documentation of such an impairment.
   (g)   Disabled veteran. The term "veteran" has the same meaning as set forth in Section 3101 of the New York City Charter. "Disabled veteran" means any veteran who has sustained one or more of the following impairments while performing service for the United States of America:
      (1)   impairment requiring use of a wheelchair; or
      (2)   impairment requiring the use of braces, crutches or other artificial support; or
      (3)   impairment caused by amputation; or
      (4)   total or partial impairment of hearing or sight causing insecurity or likelihood of exposure to danger in public places.
   (h)   DCWP. "DCWP" means the Department of Consumer and Worker Protection of the City of New York.
   (i)   DOT. "DOT" means the Department of Transportation of the City of New York.
   (j)   Franchise. "Franchise" means a franchise granted pursuant to Chapter 14 of the New York City Charter to construct, install, and maintain newsstands in the city of New York. For purposes of this Part of Subchapter G of Title 6, the date upon which a franchise is granted is the date on which such franchise is registered with the Comptroller of the City of New York in accordance with Chapter 14 of the New York City Charter.
   (k)   Franchisee. "Franchisee" means a person granted a Franchise.
   (l)   LPC. "LPC" means the Landmarks Preservation Commission of the City of New York.
   (m)   Major life activities. "Major life activities" means functions such as walking, seeing, hearing, and speaking.
   (n)   Newsstand. "Newsstand" means a not readily removable stand or booth operated primarily for the sale of newspapers and periodicals.
   (o)   NYPD. "NYPD" means the New York City Police Department.
   (p)   Open programmatic areas. "Open programmatic areas" mean those areas within a pedestrian plaza designated for moveable seating and tables, events, performances, markets or other activities.
   (q)   PDC. "PDC" means the New York City Public Design Commission, formerly the Art Commission.
   (r)   Pedestrian plaza. "Pedestrian plaza" means an area designated by DOT as such for pedestrian circulation, use and enjoyment on property under the jurisdiction of DOT, including but not limited, to property mapped as public space or property within the bed of a roadway, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art.
   (s)   Physical impairment. "Physical impairment" means a physiological disorder or condition, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; genitourinary; hemic and lymphatic; or skin and endocrine. It includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis.
   (t)   Plaza amenity. "Plaza amenity" means any feature installed in or on a pedestrian plaza designated as such by DOT, including but not limited to chairs, tables, planters, benches, kiosks, utilities or canopies.
   (u)   Replacement newsstand. "Replacement newsstand" means either:
      (1)   a newsstand that replaces a newsstand at the same location, provided that the license issued pursuant to § 20-229 of the Code for the newsstand that is being replaced is in full force and effect on the date a franchise is granted; or
      (2)   a newsstand constructed and installed at any location approved by DOT to replace a newsstand that the City requires, for any reason, to be permanently removed from the location for which it is licensed, provided such license is in full force and effect at the time removal is required.
   (v)   Vault. Vault means any space below the surface of the street, that is enclosed except those openings that are used exclusively to descend into the cellar or basement of any building via steps.
(Amended City Record 7/26/2018, eff. 8/25/2018; amended City Record 8/15/2024, eff. 9/14/2024)
§ 2-62 Introduction.
   (a)   Purpose. The rules of this Part 1 of Subchapter G of Title 6 are promulgated pursuant to the Code to ensure that while serving the public, newsstands do not unduly interfere with pedestrian circulation or unduly conflict with street obstructions or the design of their surroundings.
   (b)   Scope. These rules govern applications for licenses and the renewal of licenses for newsstands, the replacement of licensed newsstands with newsstands to be constructed and installed by a franchisee, the temporary relocation of newsstands, and the general operation of newsstands.
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