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(a) New newsstands. The clearance requirements of this subdivision (a) apply to applications for the issuance of a license to install, construct and operate newsstands at locations at which no newsstand is licensed at the time of the application.
(1) Clear path.
(A) All newsstands shall be installed so as to allow a straight unobstructed path ("clear path") for pedestrian circulation on the sidewalk, which must measure at least 9 1/2 feet of the sidewalk's width and cannot contain a longitudinal grade-change of more than 5 percent within the clear path.
(B) Clearance for pedestrians for curb-line newsstands. When reviewing the relationship of newsstands to other obstructions on the sidewalk, a principal concern is the maintenance of a straight clear path of 9 1/2 feet in front of the stand. In addition, there must be a clearance of 15 feet on either side of the 9 1/2 foot clearance in front of the stand. (See 6 RCNY § 2-70.1, Illustrations 1 and 2.)
(C) Clearance for pedestrians for property-line newsstands. For property-line newsstands, the distance from curb to newsstand must be as provided in the Code, which requires a minimum clear path of 9 1/2 feet. In addition, the 9 1/2 foot clearance must extend 15 feet on either side of the newsstand. Newsstands shall not be installed within 3 feet of the property line without the property owner's written permission. (See 6 RCNY § 2-70.1, Illustration 3.)
(D) There shall not be any grate or cellar door included as a part of the clear path directly in front of the proposed stand, beneath it or in the 15 feet clearance on either side of the newsstand.
(2) Clearances in general.
(A) Newsstands may not be located within 1 1/2 feet of any curb line of a street or within 10 feet of the property line extended at the intersection of any two streets. (See 6 RCNY § 2-70.1, Illustration 4.)
(B) A minimum distance of 15 feet measured parallel to the curb must be maintained between the newsstand and other newsstands, bus shelters, automatic public toilets, computer information kiosks, enclosed or unenclosed sidewalk cafes, and subway entrances and exits, including elevators, except for stands at the rear of subway entrances or exits, as provided in § 20-231(f) of the Code.
(C) A 15 foot clearance is required from curb cuts leading to garages, driveways, parking lots, gas stations and truck service areas, city-authorized bike share and micro-mobility parking areas, way finding kiosks, and planters installed at the curb line. All clearances from such curb cuts must also meet DOT safety and operational requirements.
(D) A 10 foot clearance is required from property lines extended at the intersection of two streets (see 6 RCNY § 2-70.1, Illustration 4), fire hydrants (in any direction), standpipes (in any direction), siamese connections (in any direction), crosswalks (in any direction), pedestrian ramps (in any direction).
(E) A 5 foot clearance is required from the edge of tree pits or planting areas (in any direction), benches, elevated subway stanchions or support structures, or building canopies or marquees.
(F) A 3 foot clearance is required from street lights and traffic signal poles, street signs, parking meters, telephones, fixed litter baskets, and mail boxes, in any direction.
(G) A 2 foot clearance, in any direction, is required from ventilation or other grills, cellar doors, utility access covers, access plates, and valve boxes.
(H) A 1 1/2 foot clearance is required from curbs, measured perpendicular to the curb-line. The newsstand shall be oriented away from the adjacent roadway. In a pedestrian plaza the newsstand may be oriented towards the roadway if it meets all other siting criteria.
(I) If DOT determines that a proposed location for a newsstand would place it directly above or within 15 feet of an underground vault, as defined in 6 RCNY § 2-61(u), the proposed location will be rejected.
(J) Newsstands may not be placed under fire escapes.
(K) Newsstands may not extend into taxi stands, bus stops, ambulette stops, or any designated for-hire-vehicle passenger pick-up or drop-off locations.
(L) Newsstands may not be placed within the frontage of any building having more than 3 floors of retail use, measured from a line drawn between the curb and the edges of each building.
(M) Newsstands may not be placed within 15 feet of any other obstruction, such as scaffolding or construction material, that is present at the time at which the proposed site for the newsstand is inspected by DOT. If the removal of such obstruction may be reasonably expected within one year, an applicant for a new newsstand may propose such a site for placement of a newsstand upon the removal of such obstruction. DCWP will keep all such applications on file for a maximum of one year from the date of application. It shall be the responsibility of the applicant to notify DCWP that such obstruction has been removed. After one year, any such application that is still pending for any reason, including the continued presence of such obstruction, will be denied.
(N) An 8 foot clearance is required from a bicycle rack.
(O) A 5 foot clearance is required from any fixed, above-grade object, unless otherwise specified.
(P) Newsstands may not be placed on or within 25 feet of a bridge, viaduct, overpass or other elevated roadway.
(Q) If a newsstand is to be placed on a sidewalk containing above-ground or at-grade street improvements requiring a Revocable Consent from DOT, the newsstand must comply with the siting distances required under 34 RCNY § 7-04.
(3) Clearances from elements of buildings.
(A) Except as provided in subparagraph (B) and (C) of this paragraph (3), a 15 foot clearance as measured parallel to the curb is required from significant entrances to major buildings, defined as entrances to hospitals, emergency rooms or other medical facilities, schools and universities, houses of worship, governmental buildings, any entrance to the elevator lobby of a building having non-residential uses above the street level floor and having 16 floors in height or more with a frontage of at least 100 feet on narrow streets or 140 feet on wide streets, any entrance to the lobby of a hotel, any entrance from a bank to the street providing access to tellers for members of the general public, excluding automatic teller machine (ATM) rooms, unless the ATM entrance also serves as the main entrance to the bank, entrances to theaters, and entrances to box offices. Such clearances shall be measured from a line drawn between the curb and the nearest edge of such entrance (see 6 RCNY § 2-70.1, Illustration 5). For purposes of this paragraph (3), the definition of "narrow" and "wide" streets in § 12-10 of the New York City Zoning Resolution shall apply.
(B) A 10 foot clearance is required from service or freight entrances.
(C) A 5 foot clearance is required from all other retail entrances and building entrances.
(D) For the purposes of this paragraph, "entrance" means the physical entry point of ingress and egress directly into and from the adjacent property.
(4) Pedestrian level of service. No newsstand will be permitted at any location where DOT has determined that the level of service that would be created by the proposed stand at that location for the peak 15 minutes of the peak hour has a pedestrian flow rate equal to or greater than 11 people per minute per linear foot of clear path.
(A) Pedestrian level of service will be determined by dividing the number of pedestrians counted during the peak 15 minutes of the peak hour by the clear path less the sum of 4.5 feet to allow for pedestrian behavior and the width of any other obstructions.
(B) In the case of a curb-line newsstand, clear path will be determined pursuant to 6 RCNY § 2-65(a)(1)(B). DOT will include in its determination any portion of the area between the building line and the property line which it finds to be immediately adjacent to and level with the public sidewalk, open to the sky, and substantially unobstructed along its entire length, and level, paved, and accessible so as to provide a useable walking surface.
(C) In the case of a property-line newsstand, clear path will be determined pursuant to 6 RCNY § 2-65(a)(1)(C).
(5) Hazardous conditions. No license to maintain and operate a new newsstand will be issued for any such newsstand if DOT determines that it otherwise creates a hazardous condition. For purposes of this paragraph, a hazardous condition includes, but is not be limited to, the location of a newsstand within the sidewalk space between the building face and bollards placed along the curb line, the location of a newsstand within 15 feet of a security zone administered/authorized by the NYPD Counter Terrorism Task Force, the New York City Fire Department, the New York City Office of Emergency Management or within 10 feet of a public or private building encompassed by improvements approved by the NYPD for security purposes. In addition, in a pedestrian plaza, a hazardous condition shall include the location of a newsstand within ten feet of any permanently affixed connection point(s) to power, sound, water and/or other services.
(6) New newsstands within pedestrian plazas.
(A) All new newsstands within pedestrian plazas shall be located within the bounds of the sidewalk as determined by the original curb-line of the street, and shall comply with all the siting requirements set forth in paragraphs (1), (2), (3), (4) and (5) of this subdivision.
(B) All new newsstands shall also comply with the following clearances measured parallel to the curb:
(i) Newsstands shall be at least 12 feet from the front-facing side of any backed fixed seating element, or any side of a backless fixed seating element. Fixed seating elements may include seat walls, steps, boulders, blocks or any other elements measuring 5 inches to 3 feet in height and at least 4 inches deep.
(ii) Newsstands shall be at least 15 feet from any plaza amenity, as defined in 6 RCNY § 2-61.
(iii) Newsstands shall not be located in any fire lanes or fire access zones, as determined by the New York City Fire Department.
(iv) Newsstands shall not be located within any open programmatic areas, as defined in 6 RCNY § 2-61.
(v) A 5 foot clearance is required from stand alone or in-ground utility connection point(s).
(vi) Newsstands shall be at least 15 feet from any structure and associated in-ground connections (such as vaults, anchors or footings) within the pedestrian plaza, whether permanent or temporary and recurring.
(vii) Newsstands shall not be located on any permeable paving, which may be part of any subsurface green infrastructure.
(C) A list of all designated pedestrian plazas is posted on DOT's website.
(b) Renewals and replacement newsstands.
(1) Post 7/31/1991 newsstands. No license to maintain and operate a newsstand 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 subdivision (c) of this section, that the newsstand:
(A) reduces the area maintained adjacent to the newsstand for pedestrian movement below a width of 9 1/2 feet;
(B) places the proposed newsstand within 5 feet of a fire hydrant;
(C) creates a level of service at the proposed location for the peak 15 minutes of the peak hour of a pedestrian flow rate equal to or greater than 11 people per minute per linear foot of clear path, as determined by DOT. The pedestrian level of service shall be determined by the method described in 6 RCNY § 2-65(a)(4);
(D) places the proposed newsstand within 15 feet of a subway entrance or exit (except for newsstands located at the rear of subway entrances in accordance with § 20-231(f) of the Code);
(E) extends into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets and the area 10 feet on either side of such lines;
(F) extends into a bus stop;
(G) therwise creates a hazardous condition. For purposes of this paragraph, a hazardous condition includes, but not be limited to, the location of a newsstand less than 1 1/2 feet from the curb, under a fire escape, within any fire lanes, within 10 feet of a driveway or parking lot or within 2 feet from underground access points, such as utility access covers, ventilation grills, or cellar doors, or the location of a newsstand within 15 feet of a security zone administered/authorized by the NYPD Counter Terrorism Task Force, the New York City Fire Department, the New York City Office of Emergency Management or with 10 feet of a public or private building encompassed by improvements approved by the NYPD for security purposes. In addition, in a pedestrian plaza, a hazardous condition shall include the location of a newsstand within 10 feet of any permanently affixed connection point(s) to power, sound, water and/or other services.
(2) Pre-8/1/1991 newsstands. No license to maintain and operate a newsstand will be renewed for any newsstand that was first licensed and has been in existence at the same location since prior to August 1, 1991 which fails to comply with any applicable provision of the Code, or:
(A) reduces the area maintained adjacent to the newsstand for pedestrian movement below a width of 9 1/2 feet;
(B) places the proposed newsstand within 5 feet of a fire hydrant;
(C) creates a level of service at the proposed location for the peak 15 minutes of the peak hour of a pedestrian flow rate equal to or greater than 11 people per minute per linear foot of clear path, as determined by DOT. The pedestrian level of service will be determined by the method described in 6 RCNY § 2-65(a)(4);
(D) places the proposed newsstand within 15 feet of a subway entrance or exit (except for newsstands located at the rear of subway entrances in accordance with § 20-231(f) of the Code);
(E) extends into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets;
(F) otherwise creates a hazardous condition. For purposes of this paragraph, a hazardous condition includes, but is not be limited to, the location of a newsstand less than 1 1/2 feet from the curb, under a fire escape, within any fire lanes, within ten feet of a driveway or parking lot or within 2 feet from underground access points, such as utility access covers, ventilation grills, or cellar doors, or the location of a newsstand within 15 feet of a security zone administered/authorized by the NYPD Counter Terrorism Task Force, the New York City Fire Department, the New York City Office of Emergency Management or with 10 feet of a public or private building encompassed by improvements approved by the NYPD for security purposes. In addition, in a pedestrian plaza, a hazardous condition shall include the location of a newsstand within ten feet of any permanently affixed connection point(s) to power, sound, water and/or other services.
(3) Renewals and replacement newsstands in pedestrian plazas.
(A) Post 7/31/1991 newsstands. No license to maintain or operate a newsstand within a pedestrian plaza 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 subdivision (c) of this section, that such newsstand:
(i) does not comply with all the requirements set forth in paragraph (1) above;
(ii) places the newsstand within any open programmatic areas as defined in 6 RCNY § 2-61;
(iii) places the newsstand within 20 feet from any designated performances areas; or
(iv) places the newsstand on permeable paving, which may be part of any subsurface green infrastructure.
(B) Pre-8/1/1991 newsstands. No license to maintain and operate a newsstand within a pedestrian plaza will be renewed for any newsstand that was first licensed and has been in existence at the same location since prior to August 1, 1991 which fails to comply with any applicable provision of the Code, or:
(i) does not comply with all the requirements set forth in paragraph (2) above;
(ii) places the newsstand within any open programmatic areas as defined in 6 RCNY § 2-61;
(iii) places the newsstand within 20 feet of any designated performance areas; or
(iv) places the newsstand on permeable paving, which may be part of any subsurface green infrastructure.
(C) The requirements of subparagraph (A) and (B) of this paragraph do not apply to any newsstand installed prior to DOT's designation of a pedestrian plaza immediately around the newsstand.
(c) Inspections by DOT. Except as otherwise provided in 6 RCNY § 2-68 with respect to the reconstruction of newsstands by a franchisee, DOT will conduct an inspection of newsstands in the year 2008 and every six years thereafter in connection with applications to renew licenses to operate such newsstands to determine whether such newsstands comply with applicable requirements of the Code and this Part, including the applicable clearances in paragraph (1) or (2) of subdivision (b) of this section.
(d) Franchise newsstands. If the PDC or the LPC has approved the type and design of a model of a new newsstand to be constructed and installed by a franchisee after the grant of a franchise, the PDC or LPC will review the appropriateness of the franchise model for the proposed location and the design relationship of the proposed newsstand to its surroundings.
(Amended City Record 7/26/2018, eff. 8/25/2018; amended City Record 8/15/2024, eff. 9/14/2024)
(a) Display of merchandise. Licensees shall not display or offer for sale merchandise from any public space adjacent to the licensed newsstand, whether on racks, shelves, tables, doors, boxes, crates, or from any portion of the newsstand exterior. Nothing may be affixed to or built into the exterior sides, rear or roof of the newsstand, except for advertising placed on the exterior of a newsstand by a franchisee. Nothing may be hung on rope, twine, or similar material affixed to the exterior sides, rear or roof of the newsstand. No sales may take place other than at the front of the newsstand.
(b) Advertising. A licensee shall not place any advertising on any exterior side of a newsstand and shall not interfere with or cover or otherwise block the view of any advertising placed by a franchisee on the exterior of a newsstand.
(c) Electricity. A licensee shall not lease, assign, or sell the use of the licensed newsstand's electricity.
(d) Alteration of design. The licensee shall make no structural alteration in the design or dimensions of a newsstand constructed or installed by a franchisee.
(e) Construction of future newsstands. After the grant of a franchise, no person shall construct or install a newsstand other than a franchisee.
If a capital project set to start within six months or a legally permitted but temporary sidewalk obstruction due to construction, demolition and/or similar activities substantially affects the conditions around the newsstand so that such conditions cause or will cause the newsstand to no longer comply with the siting criteria in 6 RCNY § 2-65 or otherwise pose a threat to the free use of the sidewalk by pedestrians, the Commissioner may, upon notice and an opportunity to be heard, temporarily suspend a newsstand's operation until the obstruction is removed. In such cases, the operator may apply to DCWP for a temporary relocation of the newsstand pursuant to the procedures specified in subdivision (d) of 6 RCNY § 2-68.
(Amended City Record 8/15/2024, eff. 9/14/2024)
(a) Scope. This section applies to the review, approval, replacement, and relocation of newsstands constructed and installed pursuant to a franchise to replace newsstands that are in existence on the date of the grant of the franchise and that are not in violation of any of the provisions of § 20-231 of the Code or this Part. DOT will determine whether such newsstands require a change in size or location pursuant to the franchise, and will perform any inspections necessary to make its determination.
(b) If DOT determines that no change in size or location is required. Notwithstanding any other provision of § 20-231 of the Code, this Part, or the second undesignated paragraph of § 15-205 of the Code, a newsstand subject to this section, the location or dimensions of which were not in violation of the provisions of § 20-231 of the Code or this Part at the date of the grant of a franchise and which complies with all of the terms and conditions of such franchise, may be reconstructed at such location by such franchisee if such reconstruction does not change the location of such newsstand or expand the area occupied by such newsstand for any reason, including compliance with the requirements of any provision of law in effect at the time of such reconstruction, such as the requirements of the Americans with Disabilities Act.
(c) If DOT determines that location or size must change. If such reconstruction will result in a change in location or an expansion of the area occupied by the newsstand for any reason, including compliance with the requirements of any provision of law in effect at the time of such reconstruction, such as the Americans with Disabilities Act, such stand may be reconstructed at the changed or expanded location, provided that the location complies with the following siting criteria:
(1) With respect to newsstands first licensed at the same location prior to August 1, 1991:
(A) Such newsstand may be reconstructed at such changed or expanded location provided such location does not violate any of the clearance criteria in paragraph (2) of subdivision (b) of 6 RCNY § 2-65.
(B) If the reconstruction at such changed or expanded location of a newsstand that was first licensed at the same location prior to August 1, 1991 would violate any of the clearance criteria in paragraph (2) of subdivision (b) of 6 RCNY § 2-65, then (i) such newsstand may be relocated in accordance with the process defined in subdivision (d) of this section to a location that meets the criteria applicable to newsstands first licensed on or after August 1, 1991, in paragraph (1) of subdivision (b) of 6 RCNY § 2-65 or (ii) the licensee may select a newsstand that is available pursuant to the franchise that would occupy an area that was equal to or smaller than the area occupied by the newsstand it replaces and that meets the criteria specified in paragraph (2) of subdivision (b) of 6 RCNY § 2-65.
(2) With respect to newsstands first licensed on or after August 1, 1991:
(A) Such newsstand may be reconstructed at such changed or expanded location provided such location does not violate any of the clearance criteria in paragraph (1) of subdivision (b) of 6 RCNY § 2-65.
(B) If the reconstruction at such changed or expanded location of a newsstand that was first licensed on or after August 1, 1991 would violate any of the criteria in paragraph (1) of subdivision (b) of 6 RCNY § 2-65, then (i) such newsstand may be relocated in accordance with the process defined in subdivision (d) of this section to a location that meets the criteria applicable to newsstands first licensed on or after August 1, 1991 in paragraph (1) of subdivision (b) of 6 RCNY § 2-65 or (ii) the licensee may select a newsstand that is available pursuant to the franchise that would occupy an area that is equal to or smaller than the area occupied by the newsstand it replaces and that meets the criteria specified in subdivision (d) of this section to a location that meets the criteria in paragraph (1) of subdivision (b) of 6 RCNY § 2-65.
(d) Relocation of Newsstands.
(1) General rule. On or after the grant of a franchise, a newsstand, the location of which fails to meet the siting criteria for the renewal of the license of such newsstand in paragraph (1) or (2), as applicable, of subdivision (b) of 6 RCNY § 2-65, or which must be relocated for any other reason, including but not limited to capital projects scheduled to start within six months, shall cease operation and shall be removed from such location. A newsstand required by the provisions of this paragraph to be relocated at any time shall be eligible to be relocated to a site within the catchment area, provided such site is identified by the licensee and meets the siting criteria applicable to the renewal of licenses for newsstands first licensed on or after August 1, 1991, in paragraph (1) of subdivision (b) of 6 RCNY § 2-65.
(2) If the licensee is unable to identify a compliant site within the catchment area to which a newsstand may be relocated in accordance with subdivision (d) of this section, the licensee of such newsstand may apply for a license for a new newsstand in accordance with the applicable provisions of the Code and subdivision (a) of 6 RCNY § 2-64.
(e) Procedures.
(1) All existing newsstands for which the licenses are in full force and effect as of July 13, 2006 may be replaced by the franchisee pursuant to the requirements of this chapter and according to a schedule devised by DOT and DCWP at their sole discretion.
(2) Replacement of a newsstand at the location of the existing newsstand or the relocation of a newsstand within the catchment area of such newsstand in accordance with subdivision (d) of this section will not require a renewal of the license for such newsstand prior to the expiration of the term of such license.
(3) The licensee shall not be required to submit an application for a license for a new newsstand pursuant to 6 RCNY § 2-63 or to comply with the requirements of 6 RCNY § 2-64 in order to operate the newsstand reconstructed pursuant to this subdivision (e) unless there is no location that complies with the applicable siting requirements in 6 RCNY § 2-65 within the catchment area in which such newsstand is located. The licensee must comply with the applicable siting requirements in 6 RCNY § 2-65.
(4) DCWP or DOT will notify the licensee by certified mail, addressed to the licensee at the address provided by such licensee on his or her most recent application for a license or renewal of a license, of his or her option to arrange for removal of his or her newsstand structure by a person other than the franchisee, and of a time period in which the franchisee will otherwise remove and reconstruct the licensee's newsstand. Such notice will be mailed by DCWP or DOT at least 30 calendar days prior to the first day of such time period during which the franchisee is scheduled to remove and reconstruct the licensee's newsstand. DCWP will deem a licensee to have waived his or her right to arrange for removal of the newsstand by a person other than the franchisee unless DCWP or DOT receives, as required by the notice, within 15 calendar days of the date such notice was mailed, written notice from the licensee that such licensee intends to arrange for the removal of his or her newsstand structure by a person other than the franchisee. Any removal by a person other than the franchisee shall be completed at least 5 calendar days prior to the first day of the period during which the franchisee is otherwise scheduled to remove and reconstruct the licensee's newsstand. Any removal of a newsstand by a person other than the franchisee shall comply with all applicable laws, rules, regulations, and standards to ensure the protection of public safety, including but not limited to the deactivation of any electrical current to the newsstand premises.
(5) If the licensee does not elect to or waives his or her option to elect to have his or her newsstand removed by a person other than the franchisee, then the franchisee may remove and reconstruct the licensee's newsstand during the period indicated in the notice referred to in paragraph (4) of this subdivision (e) and the licensee shall have no right to intervene in that process. If the licensee elects to have his or her newsstand removed by a person other than the franchisee, but fails to have removed his or her newsstand at least 5 calendar days prior to the first day of the period during which the franchisee is otherwise scheduled to remove and reconstruct the licensee's newsstand, the franchisee may remove and reconstruct the licensee's newsstand and the licensee shall be subject to all applicable provisions of 6 RCNY § 2-69.
(6) All newsstand contents must be removed from the newsstand by the licensee prior to the first day of the period during which the franchisee is scheduled to remove and reconstruct the licensee's newsstand. If the licensee fails to remove said contents within this timeframe, the licensee shall be subject to all applicable provisions of 6 RCNY § 2-69.
(7) The operation of the newsstand shall cease during such time as the franchisee constructs and installs the replacement newsstand and shall not resume until the licensee receives notification from DCWP or DOT that he or she may resume operations.
(8) The franchisee shall obtain the necessary construction, electrical, street opening, and other permits or approvals required for the construction and installation of the replacement newsstand.
(9) DOT may deny any proposed relocation site if the site fails any necessary construction tests conducted by the franchisee, including but not limited to test pits.
(Amended City Record 8/15/2024, eff. 9/14/2024)
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