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Subchapter AA: General Vendors
Each general vendor shall notify the Department of Consumer Affairs within ten days if:
(a) he or she has been found to have committed 4 or more violations of any provision of the general vendors law or any of these regulations on separate occasions; or
(b) he or she has failed to answer a summons, appear for a hearing or pay a fine imposed by a department or court for violation of the general vendors law within 30 days of its imposition; or
(c) his or her home address or telephone number has changed.
(d) Each presently licensed general vendor shall notify the Department within 10 days of the effective date of these regulations of the address and names of the owners, manufacturers, suppliers, or distributors from whom the vendor receives his or her goods, and shall notify the Department within 10 days whenever this information has changed.
(a) Each general vendor shall keep full and complete records of all daily gross sales receipts from vending in a format that includes the month and year, the date, the daily sales, sales tax collected and the total sales for the date. Such records may be kept in the following format:
Date | Item Sold | Sales Tax Collected | Total Price |
(b) All records shall be made available to Department of Consumer Affairs personnel, upon request, at the Department's offices and the previous two years' records shall be presented for review to the Department by the general vendor when applying for renewal of a license.
(a) A general vendor shall not place a vehicle, pushcart or stand, or conduct a general vending business at a location in the roadway where stopping, standing or parking is prohibited, or during a time period when stopping, standing or parking is restricted.
(b) A general vendor shall not place a vehicle, pushcart or stand, or conduct a general vending business in the roadway in a metered parking space unless such vendor has complied with the coin requirements of such meter. A general vendor shall not remain in a metered parking space for a period of time in excess of the maximum time permitted at such space. Moreover, a general vendor shall not display, sell or offer merchandise for sale from any vehicle parked at a metered parking space.
(c) A general vendor shall not place a vehicle, pushcart or stand or conduct a general vending business in the roadway within fifteen (15) feet of a fire hydrant or within a safety zone.
(a) Definitions.
Bona fide affiliation. A "bona fide" affiliation shall be deemed to mean:
(i) residence on the block on which the fair is taking place, in the case of a fair sponsored by a block association; or
(ii) membership in the association, where the association does not have as its sole function the sponsorship of street fairs.
Non-profit associations. For purposes of this section, a "non-profit association" shall be deemed to be
(i) any governmental agency;
(ii) any charitable, educational, religious or political organization, or any association incorporated in accordance with or subject to the provisions of the New York Not-For-Profit Corporation Law; or
(iii) any other organization or association which does not exist for purposes of pecuniary profit or financial gain and no part of the assets, income or profit of which is distributable to its members, directors, or officers.
Street fair, block party, or festival (hereafter, "street fair"). For purposes of this regulation, a "street fair" has the same meaning as set forth in 50 RCNY § 1-01.
(b) License and Siting Exemptions.
(1) Any non-profit association holding a street fair, and any person who operates as a general vendor at such street fair, is exempted from the provisions of § 20-465(g) of the Administrative Code.
(2) At any street fair sponsored by a non-profit association, a person who sells or offers to sell goods or services (other than food) is not required to comply with the provisions of § 20-465(a), (b), (d), (e), (g), (k), (i) of the Administrative Code provided the person meets the following requirements:
(i) The person has a bona fide affiliation with the sponsor of the street fair, does not act as a general vendor other than at street fairs, and is making a contribution to the sponsoring association through participation in the street fair; or
(ii) The person who sells or offers to sell goods or services has a location during the fair on the street or sidewalk in front of a store normally maintained by that person.
(3) In addition to information required by subdivision (e) of 50 RCNY § 1-05, the non-profit association holding a street fair must provide the Mayor’s Office of Citywide Event Coordination and Management’s Street Activity Permit Office (“SAPO”) with a list of the names and addresses of all persons that are authorized to operate as vendors at the fair, including all persons covered by paragraphs (1) and (2) of this subdivision. SAPO shall designate the required content and form of such list. Such list must be provided to any police officer or other authorized City officer for inspection at the fair.
(4) All persons that meet the requirements of paragraphs (1) and (2) of this subdivision and are included on the list required by paragraph (3) of this subdivision are exempt from the requirement of § 20-453 of the Administrative Code to obtain a general vendor license for the purposes of vending at such street fair.
(Amended City Record 7/31/2024, eff. 8/30/2024)
When a general vendor has received notice to temporarily move from any location where exigent circumstances exist, such general vendor shall immediately stop all vending business and within one minute begin to and as quickly as possible move his or her goods, vehicle, pushcart or stand from the entire area in which the exigent circumstances exist as determined and stated by a police officer or other authorized person giving such notice to move. A general vendor shall not return to the area of the exigent circumstance while such condition continues to exist. In the absence of a statement to the contrary by an authorized person, it shall be presumed that the exigent circumstances will continue to exist in such area for a period of two hours from the time notice to move was given to the vendor.
(a) No general vendor shall make any misrepresentations concerning merchandise offered for sale. General vendors shall comply with all applicable provisions of the Consumer Protection Law (Title 20, Chapter 5, Subchapter 1 of the Administrative Code of The City of New York) and regulations promulgated under that law.
(b) All items sold or offered for sale by general vendors shall have conspicuously displayed, at the point of offering for sale, the total selling price exclusive of tax by means
(1) of a stamp, tag or label attached to the item or
(2) a sign at the point of display which indicates the item to which the price refers, provided that this information is plainly visible at the point of display for sale of the items so indicated.
(c) Each general vendor shall offer a consumer a serially numbered receipt for any purchase. The receipt must include:
(1) the date of the purchase;
(2) the total amount of money and tax paid for the purchase;
(3) a description of the item purchased; and
(4) the license number of the vendor;
(5) a statement that complaints can be made to the Department of Consumer Affairs, (Insert the Department's current address and telephone number).
(d) Each vendor shall retain a duplicate copy of each receipt for the day which shall be produced for inspection upon request by police or other New York City personnel. The receipts shall be presented for review to the Department by the general vendor upon request, and the previous two years' receipts shall be produced when applying for renewal of a license.
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