(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 shall determine whether such newsstands require a change in size or location pursuant to the franchise, and shall 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, 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 DCA 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 shall 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) DCA or DOT shall 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 shall be mailed by DCA 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. DCA shall 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 DCA 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 DCA 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.