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(a) As used in this section, the following terms shall have the following meanings:
(1) Block face. "Block face" means the area of sidewalk spanning from one intersection to the next;
(2) City-specialized vending license. "City-specialized vending license" means a specialized vending license for a block face in the city of New York that is located outside the following areas: (i) the midtown core (ii) Broadway between Murray street and Battery Place, (iii) Park Row between Ann street and Spruce street; and (iv) the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty street, on the west by the westerly side of West street, and on the north by the northerly side of Vesey street;
(3) Midtown core. "Midtown core" means the borough of Manhattan in the City of New York in the area bounded on the east by Second avenue, on the south by Thirtieth street, on the west by Ninth avenue and Columbus avenue and on the north by Sixty-fifth street; provided, however, that the "midtown core" shall not include Second avenue, Third avenue, Lexington avenue, Park avenue, Vanderbilt avenue, Madison avenue, Fifth avenue, Sixth avenue, Seventh avenue, Broadway, Eighth avenue, Amsterdam avenue, Ninth avenue, Columbus avenue, Thirty-fourth street between Lexington avenue and Seventh avenue, Forty-second street between Lexington avenue and Eight avenue, Forty-ninth street between Lexington avenue and Seventh avenue, Fiftieth street between Lexington avenue and Seventh avenue and Fifty-seventh street between Lexington avenue and Seventh avenue;
(4) Midtown-specialized vending license. "Midtown-specialized vending license" means a specialized vending license for a block face located in the midtown core;
(5) Specialized vending license. "Specialized vending license" means a license issued pursuant to § 35-a of the General Business Law; and
(6) General vendor's license. "General vendor's license" means a license issued by the Commissioner pursuant to Subchapter 27 of Chapter 2 of Title 20 of the New York City Administrative Code.
(b) Applications for and the reissuance of specialized vending licenses issued prior to March 1, 2003 shall be governed by the following procedures:
(1) All persons who hold current specialized vending licenses that were issued pursuant to the provisions of § 35-a of the General Business Law prior to March 1, 2003, shall apply for the reissuance of such specialized vending licenses with new priority ranks that shall be accorded and assigned in accordance with subdivision (c) of this section.
(2) Applications for the reissuance of such currently valid specialized vending licenses issued prior to March 1, 2003, shall be made so they are received by the department during the period commencing on August 23, 2004 and ending no later than 5 p.m. on September 22, 2004.
(3) Such applications shall include the following information and documentation:
(i) The applicant's name, home address and home telephone number; and
(ii) Whether the applicant is seeking a midtown- or a city-specialized vending license as his or her first choice. An applicant who fails to indicate whether he or she seeks a midtown or a city specialized vending license shall be deemed to have elected a midtown-specialized vending license; and
(iii) Proof that the applicant holds a currently valid general vendor's license and a currently valid specialized vending license issued prior to March 1, 2003; and
(iv) In the case of a licensee who exchanged a midtown-specialized vending license for a city-specialized vending license, or vice versa, and who has continuously held a specialized vending license since the date on which the first such license was issued, a description of the specialized vending license with such earlier date of issuance.
(c) Each eligible applicant for the reissuance of specialized vending licenses issued before March 1, 2003, shall be reissued such license with a new priority rank, which shall be determined and assigned in accordance with this subdivision.
(1) All eligible applications for the reissuance of such specialized vending licenses that are received on or before 5 p.m. of September 22, 2004 shall be sequentially assigned a priority rank based on the earlier of (A) the date of issuance of the applicant's currently valid specialized vending license that was issued prior to March 1, 2003, or, (B) in the case of a licensee who exchanged, prior to March 1, 2003, a midtown-specialized vending license for a city-specialized vending license, or vice versa, and who has continuously held a specialized vending license since the date on which the first such license was issued, the date of issuance of such first license. Number one shall be the rank assigned to the applicant whose specialized vending license has the earliest date of issuance, determined in accordance this paragraph, and who is therefore entitled to the highest priority rank.
(2) Any specialized vending license issued prior to March 1, 2003, shall be deemed to have been surrendered as of 5 p.m. on September 22, 2004 unless such application for the reissuance of such license is received by the Department on or before such date and time.
(3) If more than one qualified applicant holds a specialized vending license with the same date of issuance determined in accordance with paragraph one of this subdivision, all such applicants shall be ranked sequentially in reverse order according to the number of their general vendor's licenses, with the highest priority ranking being assigned to the applicant within such group who holds the lowest numbered general vendor's license.
(d) Midtown specialized vending licenses shall first be issued to the holders of specialized vending licenses who have filed applications in accordance with subdivision (b) of this section and who hold currently valid midtown-specialized vendor's licenses issued prior to March 1, 2003. Such licenses shall be issued with a priority rank assigned to such midtown specialized vending licenses, which shall be in the order in which such applicants are ranked pursuant to subdivision (c) of this section.
(1) If not all of the 60 holders of midtown-specialized vending licenses that are issued and outstanding as of March 1, 2003, have filed applications that request the reissuance of, or are deemed to request the reissuance of, a midtown-specialized vending license in accordance with such subdivision (b), the remaining midtown-specialized vending licenses shall be issued to eligible applicants who request the issuance of, or who are deemed to request the issuance of midtown-specialized vending licenses and who have been assigned the highest priority ranks established in accordance with such subdivision (c).
(2) Any qualified applicants for the issuance of midtown-specialized vending licenses remaining after the maximum of 60 authorized for issuance pursuant to § 35-a of the General Business Law as of March 5, 2004, have been issued shall be included on the waiting list maintained pursuant to subdivision (e) of this section for midtown-specialized vending licenses that become available at any time.
(e) The Department shall maintain a waiting list of applicants for midtown-specialized vending licenses that become available.
(1) The applicants placed on the waiting list for midtown-specialized vending licenses pursuant to paragraph two of subdivision (d) of this section shall be ranked in the order of the priority rank assigned pursuant to subdivision (c) of this section.
(2) Any other city-specialized vending licensee may request the Department to add his or her name to such waiting list by filing an application with the Department. The names of applicants shall be entered on such waiting list in the order that such applications are received, except that the names of applicants whose applications are received on the same day shall be included on such waiting list according to the priority rank that has been assigned to such applicants for their specialized vending license in accordance with paragraph four of subdivision (i) or paragraph four of subdivision (j), as applicable.
(3) Any midtown-specialized vending licenses that become available after March 5, 2004, shall be offered by the Commissioner to persons included on such waiting list in the order in which they are ranked on such list. Any applicant on such list who fails to notify the Commissioner within the time provided in the Commissioner's offer that such applicant requests that such license be issued to him or her shall be deemed to have refused such license and to have surrendered his or her place on such waiting list as of 5 p.m. on the last date by which the applicant was required to so notify the Commissioner.
(f) No more than 105 midtown-specialized vending licenses shall be issued at any single time on or after January 31, 2007. Such licenses shall be issued according to the following schedule:
(1) A maximum of sixty such licenses on or after March 5, 2004.
(2) A maximum of an additional 15 such licenses commencing June 7, 2004.
(3) A maximum of an additional ten such licenses in each of the succeeding three years commencing on January 31 of 2005, 2006 and 2007.
(4) Only holders of city-specialized vending licenses that are in effect at the time such additional midtown-specialized vending license become available are eligible to be issued such additional midtown-specialized vending licenses.
(g) The Department shall publish a notice in the City Record requesting applications for midtown-specialized vending licenses whenever the Department ascertains that a midtown-specialized vending license is available for issuance and there are no applicants on the waiting list maintained by the Department in accordance with subdivision (e).
(1) Applicants shall have 14 days from the date of publication of such notice to submit an application containing the information and documentation specified in such notice.
(2) Applicants responding to the notice for the issuance of available midtown-specialized vending licenses shall include the following information and documentation:
(i) the applicant's name, home address and home telephone number;
(ii) proof that the applicant holds a currently valid general vendor's license; and
(iii) proof that the applicant holds a currently valid city-specialized vending license issued after August 23, 2004.
(3) Midtown-specialized vending licenses shall be issued sequentially to qualified applicants in the order of the priority ranks assigned to their currently held valid specialized vending licenses until the number of midtown-specialized vending licenses that are then available as specified in such notice have been issued.
(4) Any applicant who is issued such additional midtown-specialized vending license shall be required to surrender his or her city-specialized vending license upon the issuance of the midtown-specialized vending license, and such midtown-specialized vending license shall be assigned the same priority rank as had been assigned to the surrendered city-specialized vending license.
(h) Any applicant who, pursuant to subdivision (b) of this section, makes a timely application for the issuance of a midtown-specialized vending license but who is not issued such license shall be reissued such city-specialized vending license with the priority rank as provided in subdivision (c) of this section.
(i) Applicants who apply on or after August 23, 2004 for the issuance of city specialized vending licenses, shall provide the following information in, and attach the following documentation to, the application for such license:
(1) The applicant's name, home address and home telephone number; and
(2) Proof that the applicant:
(i) has been honorably discharged from the armed forces of the United States;
(ii) has sustained a service-related physical disability that is verified in a letter to the veteran/applicant on original letterhead with an original signature from the United States Department of Veterans Affairs or the United States Veterans Administration; and
(iii) holds a currently valid general vendor's license.
(3) Notwithstanding subparagraph (ii) of paragraph two of this subdivision, an applicant whose currently valid general vendor's license designates such applicant as a disabled veteran is not required to submit with his or her application for a city-specialized vending license a letter from the United States Department of Veterans Affairs or the United States Veterans Administration verifying that such veteran/applicant has sustained a service-related physical disability.
(4) Such applications for a specialized vending license shall be assigned priority ranks in the order in which the applications are received, provided, however, that if more than one application for a city specialized vending license is received on the same day, the priority rank for such licenses shall be assigned first in reverse order of the applicants' general vendor's license numbers, with the applicant holding the lowest numbered general vendor's license being assigned the highest priority rank among the applicants within such group.
(j) (1) All persons who hold current specialized vending licenses that were issued pursuant to the provisions of § 35-a of the General Business Law after February 28, 2003, and before August 23, 2004, shall apply for the reissuance of such specialized vending licenses with a new priority rank that shall be accorded and assigned in accordance with paragraph four of this subdivision.
(2) Such applications shall include the following information and documentation:
(i) The applicant's name, home address and home telephone number; and
(ii) Proof that the applicant holds a currently valid general vendor's license and a currently valid specialized vending license issued after February 28, 2003.
(3) Individuals holding city-specialized vending licenses issued after February 28, 2003, and before August 23, 2004 who do not apply by September 22, 2004 shall be deemed to have surrendered such license as of 5 p.m. on September 22, 2004 unless such application for the reissuance of such license is received by the Department on or before such date and time.
(4) Such applications for a specialized vending license shall be assigned the priority ranks based on the date of issuance of the applicant's currently valid specialized vending license. If more than one such qualified applicant holds a specialized vending license with the same date of issuance, all such applicants shall be ranked sequentially in reverse order according to the number of their general vendor's licenses, with the highest priority ranking being assigned to the applicant within such group who holds the lowest numbered general vendor's license.
(k) No disabled veteran vendor may hold more than one specialized vending license, whether a midtown-specialized vending license or a city-specialized vending license. A specialized vending license shall not have a term and shall be valid until the date on which such specialized vending license is surrendered to the Department, the specialized vending licensee ceases to hold a currently valid general vendor's license, or until otherwise provided by law.
(l) Any eligible disabled veteran may apply to exchange his or her specialized vending license for a different type of specialized vending license by making an application for the type of license he or she seeks in accordance with the application procedures specified in this section.
(m) City specialized vending licenses shall be yellow and midtown specialized vending licenses shall be blue and shall be clearly differentiated from such licenses issued prior to March 1, 2003. Each such specialized vending license also shall contain a photograph of the disabled veteran to whom such license is assigned as well as his or her name, home address, specialized vending license number, and such licensee's assigned priority rank.
(n) Upon the death of a holder of a specialized vending license, the surviving spouse or, if there is no surviving spouse or the surviving spouse elects not to use such license, the guardian of a minor child or children of such holder, to whom such license is transferred by operation of law in accordance with § 35-a of the General Business Law, shall notify the Department of the death of such holder and, upon submitting proof of the conditions upon which such transfer is based, shall be issued a license in his or her name with the same priority rank as that assigned to such holder.
(o) A holder who becomes totally or permanently disabled and wishes to transfer his or her specialized vending license to his or her spouse or to an adult child who assumes the duty to support such holder shall notify the Department. Such license shall be issued in his or her name, upon his or her submitting proof of the conditions upon which such transfer is based, with the same priority rank as that assigned to such holder.
(a) Upon the death of a licensed general vendor, the Department shall transfer the license to the surviving spouse, if any, of the general vendor if the spouse informs the Department he or she desires to use the license. If there is no surviving spouse or if the surviving spouse elects not to use the license, the Department shall transfer the license to the guardian of a surviving minor child or children of the general vendor, provided the guardian intends to use the license for the support of the minor child or children. The Department shall issue a general vending license to the applicable party in his or her name upon submission to the Department of proof of the conditions upon which the transfer is based. The license shall revert to the Department for reassignment upon the death of the surviving spouse to whom the license has been transferred, or when:
(1) the surviving spouse to whom the license has been transferred remarries;
(2) the youngest minor child of the deceased licensed general vendor reaches the age of eighteen; or
(3) the surviving spouse to whom the license has been transferred, or the guardian of the minor child or children to whom the license has been transferred, elects not to use the license to vend in the city of New York or abandons the use of the license.
Temporary periods when the surviving spouse or guardian do not vend shall not cause the license to revert to the Department in the absence of other evidence of an intent to abandon the use of the license; however, a period of six months or more in which the holder of the license does not vend shall create a rebuttable presumption that the spouse or guardian has abandoned the use of the license.
In the event that the surviving spouse to whom the license has been transferred, or the guardian of a surviving minor child or children to whom the license has been transferred, dies before the youngest minor child reaches the age of eighteen, any new guardian must submit a request to the Department for transfer of the license. Any license so transferred shall revert to the Department by operation of law when the youngest minor child reaches the age of eighteen.
(b) If a licensed general vendor becomes totally and permanently disabled, he or she may transfer the license to his or her spouse or, if the licensee has no spouse, to an adult child if the child assumes the duty to support the licensee. The Department shall issue a general vending license to the applicable party in his or her name upon submission to the Department of proof of the conditions upon which such transfer is based. The license shall revert to Department when:
(1) the general vendor who held the license immediately before the transfer dies;
(2) the spouse to whom the license has been transferred dies or divorces the general vendor who held the license immediately before the transfer; or
(3) the child to whom the license has been transferred dies or renounces the obligation to support the general vendor who held the license immediately before the transfer.
(c) For purposes of this section, "spouse" includes a domestic partner.
(d) Except as provided for in this section, no general vending license, and no interest in any general vending license, may be sold, lent, leased or transferred.
(Added City Record 3/7/2016, eff. 4/6/2016)
(a) Definitions. As used in this chapter, the following terms have the following meanings:
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or major bodily functions and that permanently or temporarily impairs an individual's ability to operate a general vending business.
"Major bodily functions" include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
"Major life activities" include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
(b) Request for Authorization.
(1) Subject to the restrictions set forth in this rule, a general vendor holding a current General Vendor's license with a disability may use individuals as helpers in the operation of his or her general vending business, even if such individuals do not have general vending licenses.
(2) A general vendor must request authorization to use helpers on forms prescribed by the Department, including a certification form to be completed by an appropriate licensed health care professional who has examined the general vendor. The licensed health care professional must: (i) attest to the existence of a disability; (ii) describe with specificity how the disability impairs the vendor's ability to operate a general vending business; and (iii) state whether the disability is permanent or temporary, and in the case of a temporary disability, the likely duration of the disability. The Department may require applicants to submit supplemental medical reports or certifications to verify the continued existence of a temporary disability.
(3) The Department shall maintain the confidentiality of all medical records and information submitted by the general vendor seeking authorization to use helpers unless required to be produced pursuant to law.
(4) The Department shall make a determination as soon as is practicable after receiving all requested documents and information. The Department shall then inform the party seeking authorization in writing whether the request has been approved or denied.
(5) If the request is approved, the Department shall provide the vendor with an amended license, with an endorsement on the front or back of the license that the licensee is authorized to use helpers. The endorsement shall specify the period during which the licensee is authorized to use helpers.
(6) The licensee shall surrender his or her current license to the Department upon receipt of the amended license.
(c) Use of Helpers.
(1) The licensee must be physically present at the vending display at all times that his or her general vending business is being operated. Helpers may not engage in the operation of the general vending business unless the licensee is physically present. In the event that the licensee is temporarily absent from the vending display and the helper remains at the vending display, the vending display must be covered so as to alert potential purchasers that the display is closed for business. The presence of a helper at an uncovered vending display, without a licensee present, shall constitute unlicensed vending activity.
(2) The licensee may use the services of only one helper at any given time. Use of more than one helper at a time shall constitute unlicensed vending activity.
(3) The licensee shall maintain a chronological log of his or her use of helpers, on a form prescribed by the Department, which shall indicate the date and time of all helper use, and the name, address and phone number of each helper used. The log shall be available for inspection at all times during which the licensee's general vending business is operating, and may be inspected by an inspector of the Department or by a police officer.
(4) The licensee will be responsible for ensuring that helpers comply with all applicable laws, rules and regulations at all times that the helpers are assisting with the general vending business, and the licensee shall be deemed liable for any breach caused by any act or omission of a helper.
(5) The licensee will be responsible for ensuring that helpers are in possession of photo identification at all times such helper is assisting with the general vending business.
(6) The Department may revoke authorization to use helpers, or revoke authorization for a particular helper, in the event that either the licensee or any of his or her helpers has failed to comply with applicable laws, rules or regulations, or if the Department determines that the licensee is not, or does not continue to be, a general vendor with a disability.
(7) The Department will provide the licensee with notice and a reasonable opportunity to cure non-compliance with applicable laws, rules or regulations prior to revoking authorization to use helpers or a particular helper.
(8) The Department will not revoke authorization to use helpers without giving the licensee notice and an opportunity to appear and rebut any claim that the licensee (i) has violated applicable laws, rules or regulations, and has failed to cure any violation, or (ii) is not, or does not continue to be, a general vendor with a disability.
(d) Termination of Authorization for the Use of Helpers.
(1) For disabilities deemed permanent by a licensed health care professional pursuant to subdivision (b)(2)(iii) of this section, authorizations to use helpers will terminate on the license expiration date of the then active license. Upon renewal of the license, the renewal license will carry the helper endorsement or other indication of authorization, which will terminate on the license expiration date of the renewal license.
(2) For disabilities deemed temporary by a licensed health care professional pursuant to subdivision (b)(2)(iii) of this section, authorizations to use helpers will terminate at the end of the endorsement period indicated on the license or on the license expiration date, whichever is sooner. If a temporary authorization is needed beyond the license expiration date, the renewal license will carry the temporary helper endorsement, which will terminate at the end of the endorsement period or on the expiration date of the renewal license, whichever is sooner.
(Added City Record 5/26/2016, eff. 6/25/2016)
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