§ 2-303 Records.

   (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.

§ 2-304 Restrictions on Vendor Vehicle Location.

   (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.

§ 2-305 Street Fairs; Street Fair and Non-Profit Association Exception.

   (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)

§ 2-306 Temporary Move Notice.

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.

§ 2-307 Practices.

   (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.

§ 2-308 Return of Removed Property.

An unlicensed general vendor who has had any goods, or any vehicle, pushcart or stand removed under the provisions of §§ 20-468(c) and 20-465(k) of the New York City Administrative Code may serve notice of a request for the return of such property after a judicial determination of the charge of vending without a license has been made irrespective of the result of such determination. Unless forfeiture proceedings are to be instituted pursuant to § 20-469 of the New York City Administrative Code, or unless the judicial proceeding has terminated in favor of the vendor, the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand or goods which have been removed under the provisions of § 20-465(k) may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand.

§ 2-309 Identification Cards.

The Department of Consumer Affairs shall issue to each general vendor an identification card containing the vendor's name and address and a photograph of the vendor. The vendor must conspicuously wear the card whenever he or she is engaged in the licensed activity.

§ 2-310 Streets Restricted to General Vendors and Food Vendors.

No general vendor or food vendor may vend on any of the streets specified below (6 RCNY § 2-314); at the times specified. If a general vendor or food vendor peddles on any street listed below at the times listed below, any member of the New York City Police Department may remove his or her goods, vehicle or stand and charge a removal fee for return of the items. Goods and vehicles are subject to immediate removal without further warning if a general vendor or food vendor peddles on the specified streets in violation of these regulations. General vending continues to be prohibited at all times on the streets and in the zoning districts specified in § 20-465(g) of the Administrative Code, except that general vending is permitted in the following C4 zoning district:

   18th Ave. 64th to 65th St.

   65th St. 17th Ave. to 18th Ave.

However, only on the streets and at the times specified below is a general vendor subject to having his goods immediately removed. No general vendor or food vendor shall vend on any street or portion of street designated below during the days of the week and times of day that are specified. This prohibition also applies to an area of each cross-street that crosses each designated street; this area is thirty feet of street and sidewalk in each direction along the cross-street, measured from the building lines closest to each designated street at each cross-street corner.