(a) Procedures for applications for new licenses.
(1) DCWP will process no more than two applications from a single applicant at any given time. For purposes of this limit, an individual or sole proprietor cannot submit more than two applications in his or her name, in the name of a dependent child, or in the name of a business entity of which the individual or sole proprietor is a shareholder, partner, officer, director, member or manager. A business cannot submit more than two applications in the name of the business, and/or the name of a shareholder, partner, officer, director, member or manager of the business, and/or the name of a related business entity, such as another corporation, partnership, or limited liability company with a common shareholder, partner, officer, director, member or manager or in which a common shareholder, partner, officer, director, member or manager has a direct or indirect interest.
(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 DCWP. Such notice must be made by certified mail. The notice shall 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 DCWP. 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, DCWP will 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 DCWP 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 will be deemed to have waived its opportunity to comment. DCWP will 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 will 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 will 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 will transmit its determination to DCWP within 5 business days of such determination. Such determination expires one year from the date of transmittal to DCWP.
(5) DOT determination.
(A) DCWP will, 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 is 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 DCWP'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 DCWP's notification to the applicant of DOT's approval, submit to DCWP 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, DCWP will transmit the application to the LPC, which will conduct its review under this Part in lieu of a PDC review. If the proposed stand is located anywhere else, DCWP will transmit the application to the PDC. The PDC or the LPC will 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, will notify DCWP of its determination. Within 5 business days of receipt of PDC or LPC determination, DCWP will transmit the results of such determination to the applicant and send a copy of the notice to the Community Board. Prior to the start of construction, DCWP may request a DOT inspection if there have been any changes to the dimensions of the newsstand.
(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 will be issued to the applicant and no construction of a proposed newsstand shall begin until the franchisee provides DCWP 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 all necessary construction, electrical, street opening, and other permits and approvals as well as conduct all required tests of the proposed location site, including but not limited to test pits before commencing construction and comply with all other requirements of Article 36 of General Business Law, 16 NYCRR Part 753 (also known as Industrial Code 53) and NYC Highway Rules before excavation begins. DOT may also direct the franchisee to perform preliminary test pits if site conditions indicate that a vault, void, subway station or tunnel may interfere with installation of the newsstand, even if not required under law. Construction must begin within 150 calendar days from the date that the applicant completes the required paperwork and makes the required payment to the franchisee for the newsstand. In the event that construction is not completed within such period due to conditions over which the franchisee or the applicant for a license have no control, DCWP shall have discretion to extend the timeframe for such 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, or if preliminary test pits or full excavation reveals the presence of an underlying condition which would make installation unfeasible such as the presence of a vault, void, subway station or tunnel as approved, or if it is determined that the sidewalk does not have sufficient depth required to contain any conduits to electrical connections or structure foundation, 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 DCWP, DOT, as well as the PDC or LPC. If the franchisee is unable to obtain any necessary permits or approvals due to the fact that the newsstand site is located within a capital project area, the newsstand installation shall be placed on hold until the capital project is complete and permits can be obtained.
(9) Notice of completion of construction. DOT will notify DCWP of the completion of the newsstand. The franchisee must submit, for DCWP and PDC records, 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) DCWP verification. Within 15 business days of receipt of the notice that construction has been completed, DCWP and/or DOT will 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), DCWP will 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 DCWP with proof that the applicant has applied for a New York State certification of authority to collect sales tax and must pay the remaining license fee within 30 business days of the date DCWP sends the notification of subparagraph A of this paragraph. DCWP may extend this deadline upon good cause shown.
(C) If DCWP or DOT finds that the newsstand has not been constructed in accordance with the approved plans or at the correct location, DCWP will 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).
(D) DCWP may deny an application at any time before the license is issued if the applicant has failed to reimburse the franchisee for a new or previously constructed newsstand, to the satisfaction of the franchisee.
(E) DCWP may deny an application upon a finding by the Commissioner of DCWP that the applicant is attempting to rent the newsstand;
(F) After DCWP grants the license, the franchisee or DOT shall furnish the keys to the applicant.
(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 individual or sole proprietor who was licensed to operate a newsstand at a location, DCWP may accept an application for a license to operate such existing newsstand where:
(A) the applicant provides documentation sufficient to show that 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 attests that such person will have no other income, excluding investment income, which exceeds the income such person earns from the operation of the newsstand or newsstands;
(C) the applicant is a person to whom the grant of such license would be in the interests of fairness; and
(D) the applicant provides documentation sufficient to show that the licensee is dead or permanently disabled.
(E) The Commissioner may grant a license to such an applicant who demonstrates 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 State certification of authority to collect New York State sales tax has been provided, and the newsstand meets all other applicable requirements of this Part including, but not limited to, having passed a qualifying inspection by DOT.
(13) Application for an existing vacant newsstand.
(A) The Commissioner may accept an application for a license to operate an existing vacant newsstand where:
(i) an applicant is being required to relocate pursuant to subdivision d of 6 RCNY § 2-68; or
(ii) an applicant has proposed a location that has been approved, but construction of a new newsstand at such approved location has not begun within 150 days from the date that such applicant completed the required paperwork and made the required payment to the franchisee for the newsstand; or
(iii) the Commissioner has determined that such existing vacant newsstand is not necessary to reserve for any other purpose, including but not limited to ensuring availability of newsstands for applicants permitted to apply for a license to operate an existing newsstand under (i) and (ii) of this subparagraph.
(B) The Commissioner may grant a license to operate an existing vacant newsstand where such newsstand meets all other applicable requirements of this Part including, but not limited to, having passed a qualifying inspection by DOT. The Commissioner may only grant such license to an applicant where:
(i) the applicant demonstrates or the Commissioner determines a condition in subparagraph (A) of this paragraph has been met,
(ii) the applicant attests that they will have no other income, excluding investment income, which exceeds the income such person earns from the operation of the newsstand or newsstands,
(iii) the applicant has paid the applicable license and application fees, and
(iv) the applicant has provided the New York State certification of authority to collect New York State sales tax.
(b) License renewal.
(1) The licensee shall obtain from DCWP the appropriate renewal application form.
(2) Pursuant to § 20-231(c) of the Code, DOT will 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 will 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 will 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, DCWP may first determine that the newsstand is in good repair, free of advertising, other than advertising placed on the newsstand by a franchisee, and conforms with the previously approved plans for such newsstand or, if constructed and installed by a franchisee, has not been altered. If the newsstand is not in compliance, DCWP will notify the operator in writing and allow the operator two weeks from date of mailing of the notice to put the newsstand into compliance. If the operator fails to put the newsstand into compliance after two weeks, then DCWP will deny the renewal.
(c) Changes in license status. In addition to any other basis for revoking a license, the Commissioner of DCWP may revoke 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 DCWP 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 DCWP 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;
(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; or
(5) upon a finding by the Commissioner of DCWP that the licensee is renting or attempting to rent the newsstand to another person.
(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 DCWP. 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; amended City Record 8/15/2024, eff. 9/14/2024)