(a) Procedures for applications for new licenses.
(1) DCA will process no more than two applications from a single applicant at any given time.
(2) Within 30 calendar days before the application is filed, the applicant must provide the owner of record, or owner's agent, of each building or lot directly adjacent to the site of the proposed newsstand, with notice that a newsstand application will be submitted within 30 calendar days to the DCA. Such notice must be made by certified mail. The notice must specify the dimensions of the proposed stand and the distance and direction it will be located from the closest intersection. Proof that such notice was given is required at the time the completed application is submitted to the DCA. The applicant must submit a copy of such notice, the certified mail receipt, and an affidavit attesting to the mailing of such notice.
(3) Within 5 business days after receipt of a completed application, DCA shall forward a copy of such application and relevant documents to the Community Board for the district in which the newsstand is proposed to be located. The Community Board may, within 60 calendar days of receipt of such application, provide comments to DCA with respect to any of the factors addressed in these rules, and its suggestions as to the peak hour(s) and day(s) of pedestrian congestion for the proposed location. If the Community Board provides no comments within 60 calendar days, it shall be deemed to have waived its opportunity to comment. DCA shall forward the Board's comments within 5 business days of receipt to DOT, and, should DOT approve the application, to PDC or LPC.
(4) DOT shall review the location of the proposed newsstand for its compliance with the requirements of 6 RCNY § 2-65(a) and conduct pedestrian level of service counts in accordance with 6 RCNY § 2-65(a)(4) at the peak times and days, including those times and days suggested by the Community Board. DOT shall determine whether the location is acceptable within 60 calendar days of receipt of the Community Board's comments or the expiration of the Community Board's 60 calendar day period in which to provide comments if no comments are received from the Board. DOT shall transmit its determination to DCA within 5 business days of such determination.
(5) DOT determination.
(A) DCA shall, within 5 business days of receipt of DOT's determination, transmit the results of such determination to the applicant.
(B) If DOT disapproves the location, the application shall be deemed denied. The applicant may resubmit an amended application, provided:
(i) the applicant pays an additional $50 reapplication fee;
(ii) the amended application is submitted within 30 calendar days of the date of DCA's notification to the applicant of DOT's determination;
(iii) such application has not been previously amended; and
(iv) such amended application is limited to a site that is located in front of the same building and on the same block-face of the site identified in the original application.
(C) If DOT approves the location identified in the application, the applicant must, within 30 calendar days of the date of DCA's notification to the applicant of DOT's approval, submit to DCA the materials required for PDC or LPC review in accordance with paragraph (7) of this Subdivision (a).
(6) PDC or LPC review. If the proposed stand is located on a landmark site or within an historic district, DCA shall transmit the application to the LPC, which shall conduct its review under this Part in lieu of a PDC review. If the proposed stand is located anywhere else, DCA shall transmit the application to the PDC. The PDC or the LPC shall review the appropriateness of the proposed newsstand's relationship to its surroundings.
(7) Notification of PDC or LPC determination. The PDC or the LPC, as appropriate, shall notify DCA of its determination. Within 5 business days of receipt of PDC or LPC determination, DCA shall transmit the results of such determination to the applicant and send a copy of the notice to the Community Board.
(8) Construction of stand. The license applicant is required to reimburse the franchisee, to the extent required by the franchise, for the costs of construction and installation by such franchisee of a newsstand that is not a replacement newsstand, as defined in 6 RCNY § 2-61. No license shall be issued to the applicant and no construction of a proposed newsstand shall begin until the franchisee provides DCA with satisfactory proof that the costs of construction, to the extent required by the franchise, have been paid or provided for by or on behalf of the applicant to the satisfaction of the franchisee. The franchisee must obtain necessary construction, electrical, street opening, and other permits and approvals before commencing construction. Construction must be completed within 150 calendar days from the date of PDC or LPC approval. If construction is not completed within such period due to conditions over which the franchisee or the applicant for a license have no control, DCA shall have discretion to extend the timeframe for construction for a reasonable period beyond the initial 150 calendar days. If, after DOT inspection of the proposed newsstand site, but prior to construction of such newsstand, conditions surrounding such site change so that the newsstand would no longer comply with the siting criteria in 6 RCNY § 2-65, it shall be the responsibility of the applicant for a license to identify an alternate location that fully complies with such siting criteria and to obtain approval of such alternate location from DCA, DOT, as well as the PDC or LPC.
(9) Notice of completion of construction. DOT shall notify DCA of the completion of the newsstand. The applicant must submit, for DCA and PDC records, 8" × 10" color archival-quality photographs of all sides of the newsstand, including at least one photograph each of the front, back, and both sides of the newsstand. Each photograph must be clearly marked on the back to indicate the stand's location, the applicant's name, the view of the stand depicted in the photograph, and the date the photograph was taken.
(10) DCA verification. Within 15 business days of receipt of the notice that construction has been completed, DCA and/or DOT shall complete their inspections of the newsstand to verify that it has been built according to approved plans.
(11) Grant of license.
(A) Within 5 business days after the inspections required by paragraph (10) of this subdivision (a), DCA shall notify the applicant whether the newsstand is satisfactory.
(B) If the newsstand is found to be satisfactory, the applicant shall, in the case of the construction of a newsstand that does not replace an existing newsstand already licensed to the applicant, provide a New York State certification of authority to collect sales tax. No license shall be granted by DCA absent receipt of such certification.
(C) If DCA or DOT finds that the newsstand has not been constructed in accordance with the approved plans or at the correct location, DCA shall not issue a license until the stand is constructed in accordance with approved plans and at the correct location in accordance with the timing requirements in paragraph (8) of this subdivision (a).
(12) Death or disability of licensee. At the discretion of the Commissioner or his or her designee, upon the death or permanent disability of the person who was licensed to operate a newsstand at a location, DCA may accept an application for a license to operate such existing newsstand where:
(A) the applicant is a dependent spouse, dependent domestic partner, dependent child or one-time employee of the former licensee, or bears another pre-existing, established relationship to such former licensee that included financial dependence on such licensee;
(B) the applicant demonstrates to DCA that the operation of such newsstand will be his or her principal employment; and
(C) the applicant is a person to whom the grant of such license would be in the interests of fairness. The Commissioner may grant a license to such an applicant who meets the burden of demonstrating eligibility to operate such an existing newsstand where the conditions in this paragraph (12) have been met, the applicable license and application fees have been paid, the New York certification of authority to collect New York sales tax has been provided, and the newsstand meets all other applicable requirements of this Part including, but not limited to, a qualifying inspection by DOT.
(b) License renewal.
(1) The licensee shall obtain from DCA the appropriate renewal application form.
(2) Pursuant to § 20-231(c) of the Code, DOT shall inspect all newsstands, including those of 50 square feet or less, at the time they are constructed by the franchisee or in the year 2008, whichever comes first, and every 6 years following 2008, to determine whether their locations comply with the applicable size and siting requirements of § 20-231 of the Code and 6 RCNY § 2-65. Renewal of licenses within such 6 year interval shall not be contingent upon an inspection by DOT, except where DOT's previous determination was based on a mistake of fact.
(3) No license shall be renewed for any newsstand that was first licensed and has been in existence at the same location since prior to August 1, 1991 if the newsstand fails to comply with any provision of the Code or the siting requirements of 6 RCNY § 2-65(b)(2). If the location of such newsstand does not meet the siting requirements of 6 RCNY § 2-65(b)(2), such newsstand may either be reduced in size at the same location to the extent a newsstand that complies with such siting requirements is available pursuant to the franchise or be relocated to a site that complies with the siting requirements that are applicable to newsstands that were first licensed on or after August 1, 1991, set forth in 6 RCNY § 2-65(b)(1) within the catchment area of such newsstand in accordance with the process described in 6 RCNY § 2-68(e).
(4) No license shall be renewed for any newsstand that was first licensed on or after August 1, 1991, if DOT determines pursuant to an inspection, scheduled and conducted in accordance with paragraph (2) of this subdivision (b), that the newsstand fails to comply with any provision of the Code or the siting requirements of 6 RCNY § 2-65(b)(1). If the location of such newsstand does not meet the siting requirements of 6 RCNY § 2-65(b)(1), such newsstand may either be reduced in size at the same location to the extent a newsstand that complies with such siting requirements is available pursuant to the franchise or be relocated to a site that complies with such siting requirements within the catchment area of such newsstand in accordance with the process described in 6 RCNY § 2-68(e).
(5) Prior to issuing a license renewal, DCA shall first determine that the newsstand is in good repair, free of advertising, other than advertising placed on the newsstand by a franchisee, does not exceed 72 square feet in area (or 50 square feet, if applicable), and conforms with the previously approved plans for such newsstand or, if constructed and installed by a franchisee, has not been altered.
(c) Changes in license status. In addition to any other basis for revoking a license, the Commissioner of DCA may revoke, cancel, or refuse to renew a license to maintain and operate a newsstand for any of the following reasons:
(1) upon a finding by the Commissioner of DCA that the location listed in the license was not utilized for a period of two consecutive months or more;
(2) upon a finding by the Commissioner of DCA that the licensee is not using the newsstand primarily for the sale of newspapers and periodicals;
(3) that a judgment has been entered against the licensee for failure to pay the franchisee the cost of the construction and installation of a newsstand in accordance with § 20-229 of the Code; or
(4) that a non-temporary change in conditions has rendered or will render the newsstand a hazard because it obstructs pedestrian flow or the flow of vehicular traffic or for any other reason. A licensee may propose the relocation of such newsstand in accordance with the process in subdivision (d) of 6 RCNY § 2-68.
(d) Alteration or enlargement of newsstands. The licensee shall make no structural alteration to a newsstand that is constructed and installed by a franchisee. The licensee of any other newsstand shall maintain such newsstand in conformity with previously approved plans for such newsstand and shall make no structural alteration in the newsstand without the approval of DCA. The enlargement of a newsstand requires the application for a new license in accordance with the process and procedures for applications for new licenses, except as otherwise provided for newsstands that are to be constructed by a franchisee to replace newsstands in existence at the time of the grant of a franchise in accordance with § 20-231(k) of the Code and 6 RCNY § 2-68.
(e) Fees. The holder of a license to maintain or operate a newsstand, including a licensee of a newsstand constructed and installed by a franchisee, shall be liable for the payment to the department of the biennial fee for a license to maintain or operate a newsstand in accordance with § 20-230(b) of the Code.
(Amended City Record 7/26/2018, eff. 8/25/2018)