Int 0511-1999

Be it enacted by the Council as follows: Section 1. Legislative findings and intent. The council finds that food vendors, general vendors and graphic material vendors play an important role in the economic cultural and social life of New York City by providing a livelihood for many New Yorkers and by making available meals, snacks, merchandise and literary and artistic material that are relatively inexpensive and may be purchased quickly. It is also found that street vending activities present to the City an opportunity to obtain significant revenues from the income and business taxes generated by the vendors and other related businesses, such as suppliers of the food and, merchandise and graphic material sold. Consequently, it is important that the system by which vendors are authorized to conduct their businesses, and the methods by which these businesses are operated, assures fairness to consumers and effectively protects their health, is fair to the vendors and respects the concerns of other merchants. One mechanism for achieving the latter is altering the licensing and permitting structure to allocate vending designated locations. However, the council remains aware that street vending is never appropriate on certain City thoroughfares and is inappropriate during certain days and times of day on other streets. Any scheme for the regulation of street vendors must also accommodate these concerns but must at the same time not allow restrictions of this nature, and the method of establishing those restrictions, to be used as a mechanism for sanitizing the cityscape. �2. Section 17-306 of the administrative code of the city of New York, is amended by amending subdivision i and by adding thereto new subdivisions q, r and s to read as follows: i. "Person". A natural person, partnership, corporation or other [association] business entity. q. "Blockface". The area of a sidewalk on each side of a street spanning from one corner to the next. r. "Corner". That portion of a sidewalk bounded by a line running ten linear feet along each street curb from the point at which two street curbs intersect and the lines extending perpendicular from the end of each such line to the adjacent building line. s. "Warrant". An authorization to vend at a designated location during a specified time period. �3. Paragraph 1, paragraph 2 and subparagraphs a and b of paragraph 3 of subdivision b of section 17-307 of the administrative code of the city of New York, as amended by local law number 15 for the year 1995 and subparagraph c of paragraph 3 of subdivision b of section 17-307, as amended by local law number 27 for the year 1997, are amended to read as follows: 1. It shall be unlawful to vend food from any vehicle or pushcart in a public space without having first obtained a permit for such vehicle or pushcart from the commissioner in accordance with the provisions of this subchapter and a warrant in accordance with the provisions of chapter six of title twenty of this code. [The commissioner shall establish standards relating to the size and design of such vehicles and pushcarts. No vendors shall vend from any vehicle or pushcart which does not comply with the standards established by the commissioner.] No vendor shall vend from other than a vehicle or pushcart. 2. (a) On and after [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight, [no new full-term] permits shall be issued until the number of such permits which are in effect is [less than] three thousand. Thereafter, the maximum number of such permits which may be in effect shall be three thousand and no new permits shall be issued in excess of such maximum number, except that the maximum number of permits that may be issued shall be increased by the number of temporary permits that were issued or were subject to renewal as of March twenty-fourth, nineteen hundred ninety-eight. Thereafter, the number of permits shall be reduced as permits that were issued are not renewed. Notwithstanding the limitations on the issuance of new [full-term] permits, a permit issued prior to [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight which is in effect shall be renewable by the licensee to whom the permit was issued subject to the provisions of subparagraph (f) of this paragraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for permit or license revocation or suspension. (b)(i) On and after March [fifteenth, nineteen hundred ninety-five] twenty-fourth, nineteen hundred ninety-eight, without increasing the number of [full-term] permits which may be in effect in accordance with subparagraph (a) of this paragraph, two hundred [full-term] permits shall be designated for use exclusively in specified boroughs as follows: (A) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of the Bronx where food vendors are not prohibited from vending; (B) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Brooklyn where food vendors are not prohibited from vending; (C) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Queens where food vendors are not prohibited from vending; and (D) fifty of such [full-term] permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Staten Island where food vendors are not prohibited from vending. (ii) After the initial issuance of such permits, the commissioner shall establish a separate waiting list for each of the relevant boroughs to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on each such waiting list. (c) On and after [January first, nineteen hundred ninety-five] March twenty-fourth [VGC1][VGC2], nineteen hundred ninety-eight, [full-term] permits shall be issued only to persons who at the time of application for a permit have not had a [full-term] permit revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain or operate a food vending business. Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, no person shall be issued more than one permit [, whether full-term or temporary]. (d) The issuance or renewal of a [full-term] permit pursuant to this subchapter shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and [within six months after such certification,] passing such inspection. (e) The commissioner shall establish a separate waiting list for the issuance of [full-term] permits pursuant to this subchapter to be administered in accordance with requirements to be established by rules of the commissioner. The commissioner may by rule limit the number of places on such waiting list. (f) Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, on and after [January first, nineteen hundred ninety-six] March twenty-fourth, nineteen hundred ninety-eight, and on every renewal date thereafter, a permit holder may not renew more than one permit [whether full-time or temporary]. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or renewal. 3. (a) Notwithstanding the provisions of paragraph two of this subdivision limiting the number of [full-term] permits that are authorized to be issued, the commissioner may issue up to a maximum of one hundred additional [full-term] permits authorizing the holders thereof to vend food from any vehicle or pushcart in any public place in the city of New York where food vendors are not prohibited from vending. Such permits shall be issued only to natural persons who at the time of application for a permit hereunder are not holders of a [full-term] permit issued pursuant to paragraph two of this subdivision and who have not had a [full-term] permit revoked or suspended. No person shall be issued more than one permit. Such permits shall be issued in the order in which applications for such permits are received in accordance with the preferences specified in subparagraph (b) of this paragraph and the procedures established by the commissioner. The issuance or renewal of a [full-term] permit pursuant to this paragraph shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and [, within six months after such certification,] passing such inspection. After the initial issuance of such permits, the commissioner shall establish a waiting list, not to exceed four hundred in number, to be administered in accordance with procedures to be established by rules of the commissioner. (b) Preferences shall be given in the issuance of permits pursuant to this paragraph and in the placement on such waiting list to the following categories of persons in the following order: (i) Veterans who on August second, nineteen hundred ninety-one held a valid general vendor's license issued by the department of consumer affairs pursuant to subchapter twenty-seven of chapter two of title twenty of the code by virtue of having claimed a disability. (ii) Disabled veterans. (iii) Disabled persons. (iv) Veterans. (c) A person who has been issued a permit pursuant to this paragraph shall not be eligible to obtain a [full-term] permit authorized by paragraph two of this subdivision if at the time of application for a [full-term] permit authorized by such paragraph two such person is a holder of a [full-term] permit issued pursuant to this paragraph or such person has had a [full-term] permit issued. �4. Subparagraph a of paragraph three of subdivision f of section 17-307 of the administrative code of the city of New York, as amended by local law number 15 for the year 1995, is amended to read as follows: 3. (a)(i) On and after [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight, no new temporary permits shall be issued [until the number of such permits which are in effect is less than one thousand. Thereafter, the maximum number of such permits which may be in effect shall be one thousand and no permits shall be issued in excess of such maximum number. Notwithstanding the limitations on the issuance of new temporary permits, a]. A permittee who holds a temporary permit issued prior to [July thirtieth, nineteen hundred eighty-three] March twenty-fourth, nineteen hundred ninety-eight shall be [renewable by the licensee to whom the permit was issued and within one year of its expiration date] issued a permit upon submission of an application by the permittee, subject to the provisions of clause (ii) of this subparagraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license or permit revocation or suspension. Any such permit shall be counted towards determining whether the maximum number of permits has been issued in accordance with paragraph 2 of subdivision b of section 17-307 of this subchapter. (ii) (A) Except as otherwise provided in item (B) of this clause, on and after [January first, nineteen hundred ninety-six, and on every renewal date thereafter] March twenty-fourth, nineteen hundred ninety-eight, a permit holder may not renew more than one permit [, whether full-term or temporary]. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation. (B)(I) Notwithstanding any other provision of law to the contrary [, on and after the effective date of the local law which added this subitem,] any person who is an exclusive distributor or a manufacturer of a food product and who on February third, nineteen hundred ninety-five was an exclusive distributor or a manufacturer of such food product who held more than one [temporary] permit issued pursuant to this subchapter, [may] shall be issued additional permits so that the total number of permits that may be held by such person is equal to the lesser of the number of [additional temporary] permits such person held on February third, nineteen hundred ninety-five [and, in addition, may continue to hold one full-term permit issued pursuant to this subchapter if such exclusive distributor or manufacturer held one full-term permit issued pursuant to this subchapter on the effective date of the local law which added this subitem] or sixty permits. A written agreement or other document evidencing the existence of an exclusive distributorship as of February third, nineteen hundred ninety-five, irrespective of when such agreement or document was actually executed, shall be [proof] satisfactory proof that an applicant for multiple [temporary] permits was an exclusive distributor of a food product on February third, nineteen hundred ninety-five and is an exclusive distributor of such food product at the time of such application. [Any written agreement evidencing an applicant's status as an exclusive distributor on February third, nineteen hundred ninety-five shall have been in effect on such date]. (II) Any person who is eligible for the issuance of additional [temporary] permits pursuant to subitem (I) of this item shall be issued a maximum of sixty [temporary] permits. (III) Additional [temporary] permits shall be issued pursuant to subitem (I) of this item only to persons who are eligible therefor who have not at the time of application for such additional [temporary] permits had a permit issued pursuant to this subchapter revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain and operate a food vending business. Such permits shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permits were issued or the permits have not been revoked or suspended and such person has not committed a violation or violations which would be a basis for permit or license suspension or revocation. (IV) Nothing contained in subitem (I) of this item shall be construed as authorizing the issuance of [full-term or temporary] permits in excess of the numbers of such permits that are authorized to be issued pursuant to paragraph two of subdivision b of this section or clause (i) of this subparagraph. �5. Subdivision e of section 17-307 of the administrative code of the city of New York is amended to read as follows: e. All licenses and permits issued pursuant to this subchapter shall be valid for two years unless sooner suspended or revoked. The commissioner may issue such licenses and permits to expire at various times during a year. To achieve such staggered expiration dates, initial licenses or permits may be issued for a period up to three years. �6. Subdivision f of section 17-307 of the administrative code of the city of New York, as last amended by local law number 27 for the year 1997, is amended by amending paragraph 1 and by REPEALING subparagraphs b, c, d and e of paragraph three. f. 1. The commissioner may issue temporary licenses [and permits] upon the furnishing of information and an application in such form and detail as such commissioner may prescribe and the payment of a fee pro-rated in accordance with the schedule of fees set forth in section 17-308 of this subchapter, but in no event shall the fee for such temporary license be less than ten dollars [or the fee for such temporary permit be less than fifteen dollars]. �7. Subdivision g of section 17-307 of the administrative code of the city of New York is amended to read as follows: g. For purposes of determining the number of [full-term or temporary] permits held by a permittee pursuant to subdivisions b and f of this section, the following provisions shall apply: 1. A natural person shall be deemed to hold the [full-term or temporary] permits issued in the name of such natural person's unemancipated child, a partnership in which such natural person is a partner, a corporation in which such natural person is an officer, director or shareholder, or a limited liability company in which such natural person is a member, manager or officer. 2. A corporation shall be deemed to hold the [full-term or temporary] permits issued in the name of: (a) an officer, director or shareholder of such corporation; (b) another corporation where such corporation and such other corporation share a common officer, director or shareholder, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such other corporation; (c) a limited liability company where such corporation or any of its officers, directors or shareholders is a member, manager or officer of such limited liability company, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such limited liability company; or (d) a partnership where such corporation or any of its officers, directors or shareholders is a partner in such partnership or shareholders has any direct or indirect interest in such partnership. 3. A limited liability company shall be deemed to hold the [full-term or temporary] permits issued in the name of: (a) a member, manager or officer of such limited liability company; (b) another limited liability company where such limited liability company and such other limited liability company share a common member, manager or officer, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such other limited liability company. (c) a corporation where such limited liability company or any of its members, managers or officers is an officer, director or shareholder in such corporation, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such corporation; or (d) a partnership where such limited liability company or any of its members, managers or officers is a partner in such partnership, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such partnership. 4. A partnership shall be deemed to hold the [full-term or temporary] permits issued in the name of: (a) a partner of such partnership; (b) another partnership where such partnership is a partner in such other partnership, such partnership and such other partnership share a common partner, or such partnership or any of its partners has any direct or indirect interest in such other partnership; (c) a corporation where such partnership or any of its partners is an officer, director or shareholder in such corporation, or such partnership or any of its partners has any direct or indirect interest in such corporation; or (d) a limited liability company where such partnership or any of its partners is a member, manager or officer in such limited liability company, or such partnership or any of its partners has any direct or indirect interest in such limited liability company. �8. Subdivision b and the preface to subdivision c of section 17-308 of the administrative code of the city of New York are amended to read as follows: b. The annual fee for a license or renewal thereof shall be twenty-five dollars; provided, however, that for an initial license issued for more than two years the applicable license fee shall be increased proportionally to the nearest quarter year. c. The annual fee for a permit or renewal thereof shall be: �9. Paragraph 1 of subdivision b of section 17-309 of the administrative code of the city of New York is amended to read as follows: 1. The name, home and business address of the applicant. If the applicant is applying for a permit to vend food from a vehicle or pushcart in a public place, the name, home address and license number of every food vendor who will be authorized to operate such applicant's vehicle or pushcart and the legal relationship between such applicant and such food vendor. �10. Subdivision a of section 17-309 of the administrative code of the city of New York is amended to read as follows: a. All applications for a license or permit shall be accompanied by payment of the fee and shall be in such form and detail as the commission may prescribe. �11. Subdivision c of section 17-314 of the administrative code of the city of New York, as amended by local law number fifteen for the year nineteen hundred ninety-five, is amended to read as follows: c. Not use or permit anyone else to use a food vending vehicle or pushcart for vending any foods other than those authorized for sale by the commissioner or board unless prior written approval has been obtained from the commissioner or board; provided, however, that an exclusive distributor who has been issued more than one [temporary] permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend [or permit] and require anyone else using a pushcart or vehicle for which such exclusive distributor has a [temporary] permit to primarily vend, the food product that was the subject of the exclusive distribution agreement that such exclusive distributor had with a manufacturer on February third, nineteen hundred ninety-five, and, provided further, that a manufacturer who has been issued more than one [temporary] permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend [or permit] and require anyone else using a pushcart or vehicle for which such manufacturer has a [temporary] permit to primarily vend, the product that such manufacturer sold from a pushcart or vehicle on February third, nineteen hundred ninety-five; �12. Subdivision c and paragraph 2 of subdivision d of section 17-314.1 of subchapter 2 of chapter 3 of title 17 of the administrative code of the city of New York, as enacted by local law number fifteen for the year nineteen hundred ninety-five, are amended to read as follows: c. A transfer in violation of this section shall be deemed to have occurred where, if a corporation is the permittee, there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued, or where the permittee is a limited liability company, where there has been the addition of any member, and where the permittee is a partnership, where there has been the addition of any partner. Furthermore, any such transfer in an exclusive distributor or a manufacturer who has been issued more than one [temporary] permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter shall result in the automatic revocation of all such additional [temporary] permits issued to such persons pursuant to such provision. 2. an exclusive distributor or a manufacturer who has been issued more than one [temporary] permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may lease a vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's [temporary] permit attached thereto to a person licensed as a food vendor pursuant to this subchapter if (a) such exclusive distributor or manufacturer files with the department the bill of sale or other proof of ownership for such vehicle or pushcart with a duly issued sales tax receipt attached thereto; b) such lease agreement sets forth the food product which may be primarily sold using such vehicle or pushcart; and (c) such lease agreement is approved by the department, provided, however, that if such lease agreement is not approved or disapproved within thirty calendar days after such lease agreement is filed with the department, such lease agreement shall be deemed to be approved by the department. The commissioner shall promulgate rules establishing the standards by which the department shall evaluate such lease agreements and such standards shall include, but not be limited to, requirements that such lease agreements contain fair and reasonable terms based upon such factors as the cost of purchasing and maintaining such pushcart or vehicle and that the terms of such lease agreement are the result of an arm's length negotiation between the parties thereto. Subleasing of any such vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's [temporary] permit attached thereto is strictly prohibited. Authorized officers and employees of the department of business services and the department of investigation may assist the commissioner and the department in effectuating the provisions of this paragraph. Any violation or violations of the provisions of this paragraph or any rules promulgated hereunder by an exclusive distributor or a manufacturer who has been issued more than one [temporary] permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may be the basis for suspension or revocation of all of the permits issued to such exclusive distributor or manufacturer pursuant to this subchapter. �13. Subdivision k of section 17-315 of the administrative code of the city of New York, as amended by local law number 15 for the year nineteen hundred ninety-five is amended to read as follows: k. No food vendor shall vend at any location at any time [where and when the operation of any food vending business is prohibited pursuant to either local law or section 20-465.1 of the code and any rules promulgated pursuant thereto] unless such vendor has been issued a warrant. �14. Subdivision l of section 17-315, as added by local law number 17 for the year 1983, is amended to read as follows: l. Food vendors shall be prohibited from vending on both sides of the following streets [at the following days and times] every day between the hours of seven am and nine pm, except as noted below: BOROUGH OF MANHATTAN Eighth Street: Broadway to Avenue of the Americas 13th Street: Fourth Avenue to Broadway 14th Street: Broadway to Avenue of the Americas 15th Street: Irving Place to Union Square East 16th Street: Fifth Avenue to Union Square West 17th Street: Park Avenue South to Broadway 23rd Street: Lexington Avenue to Park Avenue South 32nd Street: Park Avenue to Avenue of the Americas 34th Street: Fifth Avenue to Seventh Avenue **41st Street: Seventh Avenue to Eighth Avenue *42nd Street: West of Third Avenue to Eighth Avenue (except the south side of Fifth Avenue to Avenue of the Americas) 86th Street: First Avenue to Park Avenue 125th Street: Morningside Avenue to Fifth Avenue Astor Place: Third Avenue to Broadway Avenue of Americas: West Houston Street to 13th Street Avenue of Americas: 32nd Street to 59th Street Broadway: 13th Street to 14th Street *Broadway: 31st Street to south of 32nd Street *Broadway: north of 52nd Street to 53rd Street Canal Street: Bowery to Avenue of the Americas Central Park West (West side of street only): 60th Street to 62nd Street Chambers Street: Centre Street to West Street Columbus Avenue: 66th Street to 67th Street Cortlandt Street: Entire Street Dey Street: Entire Street Fifth Avenue: Washington Square North to West 12th Street Fifth Avenue: 32nd Street to 59th Street Fifth Avenue (east side of street only): 81st Street to 84th Street First Avenue: 42nd Street to 48th Street Fourth Avenue: Seventh Street to Astor Place Fourth Avenue: 13th Street to 14th Street Grand Street: Clinton Street to Essex Street Greenwich Avenue: Christopher Street to West Eleventh Street Greenwich Street: Albany Street to Liberty Street Lafayette Street: Seventh Street to Astor Place Lexington Avenue: 40th Street to 60th Street Lexington Avenue: 68th to 70th Street Lexington Avenue: 76th Street to 78th Street Lexington Avenue: 86th Street to 87th Street Madison Avenue: 34th Street to 59th Street Madison Avenue: 60th Street to 86th Street Nassau Street: Entire Street Park Avenue : 34th Street to 42nd Street Park Avenue: north of 55th Street to 59th Street Second Avenue: 57th Street to 60th Street *Seventh Avenue: north of 30th Street to south of 34th Street *Seventh Avenue: north of 35th Street to south of 46th Street *Seventh Avenue: north of 52nd Street to 53rd Street St. Marks Place: Second Avenue to Third Avenue Third Avenue (West side): Seventh Street to Astor Place Third Avenue: 40th Street to 60th Street Third Avenue: 68th Street to 70th Street Union Square East: 14th Street to 17th Street Union Square West: 14th Street to 17th Street Vanderbilt Avenue: 42nd Street to 45th Street Wall Street: Water Street to Broadway **West 43rd Street: Broadway to Eighth Avenue **West 44th Street: Broadway to Eighth Avenue **West 45th Street: Broadway to Eighth Avenue **West 46th Street: Seventh Avenue Eighth Avenue **West 47th Street: Avenue of the Americas to Eighth Avenue **West 48th Street: Broadway to Eighth Avenue **West 49th Street: Broadway to Eighth Avenue **West 50th Street: Broadway to Eighth Avenue **West 51st Street: Broadway to Eighth Avenue **West 52nd Street: Broadway to Eighth Avenue **West 53rd Street: Broadway to Eighth Avenue BOROUGH OF BROOKLYN 86th Street: Fourth Avenue to Ft. Hamilton Parkway. 86th Street: 18th Avenue to 25th Avenue Albee Square West/Gold Street: Fulton Street to Flatbush Avenue Extension Batchelder Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Bedford Avenue: Emmons Avenue to Avenue X Bragg Street: Sheepshead Bay Road to Voorhies Avenue Brigham Street: Sheepshead Bay Road to Shore Parkway Service Road (eastbound) Brown Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Coney Island Avenue: Parkside Avenue to Avenue P Court Street/Cadman Plaza: Pierrepont Street to Remsen Street Court Street: Remsen Street to Atlantic Avenue Coyle Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Cropsey Avenue: Bay 50th Street to Bay 24th Street DeKalb Avenue: Fulton Street to Flatbush Avenue Extension Dooley Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 15th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 16th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 19th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 21st Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 22nd Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 23rd Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 24th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 26th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 27th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 28th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 29th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Elm Place/Duffield Street: Livingston Street to Willoughby Street Emmons Avenue: East 14th Street to Knapp Street Fifth Avenue: 44th Street to 59th Street Fifth Avenue: 84th Street to 88th Street Flatbush Avenue Extension: Willoughby Street to Fulton Street Flatbush Avenue: Fulton Street to St. John's Place/Plaza Street Flatlands Avenue: East 86th Street to Utica Avenue Ford Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Fourth Avenue: 84th Street to 88th Street Fulton Street: Flatbush Avenue to Rockwell Place Gallatin Place/Lawrence Street: Livingston Street to Willoughby Street Grand Street: Bushwick Avenue to Union Avenue Hanover Place: Livingston Street to Fulton Street Harring Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Hoyt Street/Bridge Street: Livingston Street to Willoughby Street Johnson Street/Tech Place: Jay Street to Flatbush Avenue Extension Knapp Street: Emmons Avenue to Voorhies Avenue Liberty Avenue: Drew Street to Crescent Street Livingston Street: Flatbush Ave Extension to Boerum Place/Adams Street Nevins Street: Livingston Street to Flatbush Avenue Extension Nostrand Avenue: Emmonds Avenue to Avenue X Nostrand Avenue: Avenue D to Foster Avenue Ocean Avenue: Emmons Avenue to Shore Parkway Service Road (eastbound) Pitkin Avenue: Legion Street to Thatford Avenue Poole Lane: Emmons Avenue to Shore Parkway Service Road (eastbound) Shore Parkway Service Road (eastbound): East 14th Street to East 19th Street Shore Parkway Service Road (eastbound): East 19th Street to Ocean Avenue Shore Parkway Service Road (eastbound): Ocean Avenue to Knapp Street Smith/Jay Street: Livingston Street to Willoughby Street Surf Avenue: West 20th Street to West 23rd Street West End Avenue: Shore Boulevard to Shore Parkway Service Road (eastbound) Willoughby Street: Adams Street to Flatbush Avenue Extension BOROUGH OF QUEENS 23rd Avenue: 29th Street to 33rd Street 31st Street: 21st Avenue to 23rd Avenue 165th Street: Archer Avenue to Hillside Avenue Ditmars Boulevard: 29th Street to 33rd Street Jamaica Avenue: 146th Street to 170th Street Liberty Avenue: 103rd Avenue to Van Wyck Expressway Roosevelt Avenue: Union Street to Prince Street Steinway Street: 25th Avenue to Broadway BOROUGH OF THE BRONX East 149th Street: Bergen Avenue to Melrose Avenue East 161st Street: River Avenue to Sherman Avenue Fordham Road: Webster Avenue to Jerome Avenue Grand Concourse: East 170th Street to Elliot Place Jerome Avenue: East 170th Street to Elliot Place Southern Boulevard: East 163rd Street to Westchester Avenue Third Avenue: East 148th Street to East 156th Street East 170th Street: Jerome Avenue to Grand Concourse Walton Avenue: East 170th Street to Elliot Place On streets marked with a single asterisk (*) vending is prohibited between the hours of seven am and midnight and is permitted at all other times. On streets marked with a double asterisk (**) vending is prohibited between the hours of seven am and midnight on Wednesdays, Saturdays and Sundays and is permitted on all other days and at all other times. [Third Avenue: East 40th Street to East 57th Street, Monday through Friday, 8 am to 6 pm; East 58th Street to East 60th Street, Monday through Saturday, 8 am to 9 pm; Lexington Avenue: East 40th to East 57th Street, Monday through Saturday, 8 am to 7 pm; East 58th Street to East 60th Street, Monday through Saturday, 8 am to 9 pm; East 61st Street to East 69th Street, Monday through Saturday, 8 am to 6 pm; Park Avenue: East 34th Street to East 42nd Street, Monday through Friday, 8 am to 7 pm; East 55th Street to East 59th Street, Monday through Friday, 10 am to 7 pm; Vanderbilt Avenue: East 42nd Street to East 45th Street, Monday through Friday, 8 am to 7 pm; Madison Avenue: East 34th Street to East 45th Street, Monday through Friday, 8 am to 6 pm; East 46th Street to East 59th Street, Monday through Saturday, 10 am to 7 pm; Fifth Avenue: 32nd Street to 59th Street, Monday through Saturday, 8 am to 7 pm; Avenue of the Americas: West 32nd Street to West 59th Street, Monday through Saturday, 8 am to 7 pm; Broadway: West 32nd Street to West 52nd Street, Everyday, 8 am to 8 pm; Seventh Avenue: West 33rd Street to West 34th Street, Monday through Saturday, 8am to 6 pm; West 35th Street to West 45th Street, Monday through Saturday, 8 am to midnight; West 46th Street to West 52nd Street, Monday through Saturday, 2 pm to 7 pm; Fourteenth Street: Broadway to Seventh Avenue, Monday through Saturday, noon to 8 pm; West 34th Street: Fifth Avenue to Seventh Avenue, Monday through Saturday, 8 am to 7 pm; Forty-second Street: Third Avenue to Eighth Avenue, Monday through Saturday, 8 am to 7 pm; West Forty-third Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; other days, 7 pm to 11 pm; West Forty-fourth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; other days, 7 pm to 11 pm; West Forty-fifth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; other days, 7 pm to 11 pm; West Forty-sixth Street: Seventh to Eighth Avenues, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Forty-seventh Street: Fifth to Eighth Avenues, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Forty-eighth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Forty-ninth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fiftieth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fifty-first Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fifty-second Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm; West Fifty-third Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm, Sunday, noon to 6 pm, Other days, 7 pm to 11 pm.] �15. Subdivision d of section 17-321 of the administrative code of the city of New York, as amended by local law number 15 for the year nineteen hundred ninety-five, is amended to read as follows: d. If a food vendor operates any food vending business on any street at any time where and when [the operation of any food vending business is prohibited pursuant to the provisions of section 20-465.1 of the code and any rules promulgated pursuant thereto] such food vendor is not authorized to conduct such food vending business, any authorized officer or employee of the city or any member of the New York city police department is authorized to provide for the removal of the food vendor's food, vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart or food may be charged with reasonable costs for removal and storage. �16. Paragraphs 1 and 2 and the preface of paragraph 4 of subdivision c of section 19-136 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, are amended to read as follows: c. 1. Except as otherwise hereinafter provided, in addition to the streets designated pursuant to subdivision a of this section, such an obstruction shall be prohibited on any street at such time where either general vending or food vending has been prohibited by local law [or by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder]. 2. [As chairperson of the street vendor review panel] The street vending committee established pursuant to section 20-465.1 of this code[, the commissioner of the department of business services or his or her designee] may recommend that in specific areas of the city the provisions of subdivision a of this section or paragraph one of this subdivision which prohibit such obstructions shall not apply. In making such recommendation[, such commissioner or his or her designee] the street vending committee shall consider (a) whether such obstructions are intrinsic to the operation of the businesses within such areas and such businesses constitute an essential part of the unique historical and commercial nature of such area and (b) the measures which shall be taken to ameliorate the danger to the public health, safety and welfare in such areas which may be caused, in whole or in part, by the maintenance of such obstructions. [Such commissioner] The street vending committee may from time to time review [,] and modify, or revoke] such recommendations. A recommendation by [such commissioner or his or her designee] the street vending committee pursuant to this paragraph shall be effective upon the report of such recommendation to the council and the approval by the council of such recommendation pursuant to local law. Notice of any recommendation made by the [commissioner or his or her designee] street vending committee shall be published in the City Record and mailed to each community board not less than thirty days prior to such [commissioner's] committee's report to the council. 4. On the following streets [where] general vending [has been] is prohibited [by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder,] but the provisions of paragraph one of this subdivision shall not apply: �17. The preface to section 20-452 of the administrative code of the city of New York and subdivisions b and h of such section, as last amended by local law number 14 for the year 1995, are amended and new subdivisions i through w are added to read as follows: For the purposes of this subchapter and subchapter 27-A of this chapter, the following words and terms shall have the following meaning: b. "General vendor". A person who hawks, peddles, sells, leases or offers to sell or lease goods or services, including newspapers, periodicals, books, pamphlets or other written matter in a public space, including a graphic material vendor. This definition shall not include a food vendor as defined in subdivision c of section 17-306 [of chapter three of title seventeen] of this code or a person required to be licensed under section 20-229 [of subchapter seven of chapter two of this title] of this code. This definition also shall not include persons who use stands or booths in a public space for the shining of shoes. h. "Vend". To hawk, peddle, sell [,] or lease [offer to sell or lease], at retail, goods other than food, [or] services [other than food] or graphic material in a public space that are delivered immediately upon consummation of purchase or to offer to sell or lease such items. i. "Blockface". The area of a sidewalk on each side of a street spanning from one corner to the next. j. "Corner". That portion of a sidewalk bounded by a line running ten linear feet along each street curb from the point at which two street curbs intersect and the lines extending perpendicular from the end of each such line to the adjacent building line. k. "Disabled person". Any person who has or had a physical or mental impairment that substantially limits one or more major life activities and has a record of such an impairment. For the purposes of this subdivision, "physical impairment" means a physiological disorder or condition, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; genitourinary; hemic and lymphatic; or skin and endocrine. It includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis. For the purposes of this subdivision, "mental impairment" means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. For the purposes of this subdivision, "major life activities" means functions such as walking, seeing, hearing and speaking. For the purposes of this subdivision, a record of such an impairment shall be established by submission to the commissioner of either: (a) A letter or certificate describing the physical or mental impairment of the applicant which must include the notarized signature of one of the following: (i) A licensed physician, opthamologist, optometrist or psychologist; or (ii) An authorized representative of a social agency that conducts programs for the disabled in cooperation with an official agency of the state and from which the applicant is receiving services such as, but not limited to, the state office of vocational rehabilitation; or (b) A previous certification not more than one year old establishing the physical or mental impairment of the applicant such as, but not limited to, verification of an income tax exemption or social security benefits on the basis of physical or mental impairment. l. "Disabled veteran". A veteran who is certified by the United States department of veterans' affairs as having a disability rated at ten per centum or more which was incurred by such person during active service in the armed forces of the United States and which disability is in existence at the time of application for a permit under this subchapter. m. "Food vendor". A person who hawks, peddles, sells or offers food for sale at retail in any public space. n. "Goods". All things sold or offered for sale by a vendor other than food. o. "Graphic material". Any material including newspapers, periodicals, books, pamphlets, paintings, photographs or other similar written or artistic p. "Graphic material vendor". A general vendor who vends graphic material exclusively but does not include a person required to be licensed under section 20-229 of this title. q. "Graphic material vending business". The business of selling, leasing or offering to sell or lease graphic material, engaged in by a graphic material vendor in a public space. r. "Services". The furnishing of labor, time or effort. s. "Vendor". Any person who vends. t. "Veteran". Any person who was in active service in the armed forces of the United States and was honorably discharged from such service. w. "Warrant". An authorization to vend at a designated location during a specified time period. �18. Section 20-453 of the administrative code of the city of New York is amended to read as follows: �20-453 License and warrant required. It shall be unlawful for any individual to act as a general vendor without having first obtained a license in accordance with the provisions of this subchapter and a warrant in accordance with the provisions of subchapter twenty-seven-A of this chapter, except that it shall be lawful for a [general] graphic material vendor who hawks, peddles, sells or offers to sell, at retail, [only newspapers, periodicals, books, pamphlets or other written matter] graphic material, but no other items required to be licensed by any other provision of this code, to vend such graphic material without obtaining a license therefore. �19. Subdivisions a, b and c of section 20-454 of the administrative code of the city of New York are amended to read as follows: a. All licenses issued pursuant to this subchapter shall be valid for a period of [one year] two years unless sooner suspended or revoked. The commissioner shall establish by [regulation] rule the expiration date of such licenses. b. The commissioner may issue a temporary license upon the furnishing of information and an application in such form and detail as he or she may prescribe and upon payment of a fee of ten dollars for such temporary license. c. The annual license fee for a license or renewal thereof shall be two hundred dollars. �20. Subdivision a of section 20-459 of the administrative code of the city of New York is amended to read as follows: a. The maximum number of licenses to conduct a general vending business that shall be in effect pursuant to this subchapter [on the first day of September, nineteen hundred seventy-nine] shall be [the maximum number of licenses permitted to be in effect] 850 in addition to specialized vending licenses required by section 35-a of the general business law. �21. Subdivision g of section 20-465 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, is amended to read as follows: g. No general vendor shall vend on any street which is in a C4, C5, or C6 zoning district, or 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, except that [as] the chairperson of the street [vendor review panel] vending committee established pursuant to section 20-465.1 of this subchapter[, the commissioner of the department of business services or his or her designee] may receive applications from any person, group, organization or other entity to permit general vendors on any street within said area or said zones, [or] to prohibit general vendors on any street or to modify the times during which a street may be used for general vending. Such applications shall be considered by the street [vendor review panel] vending committee in accordance with the procedures [enumerated] set forth in section 20-465.1 of this subchapter. �22. Section 20-465.1 of the administrative code of the city of New York, as added by local law number 14 for the year nineteen hundred ninety-five, is REPEALED and a new section 20-465.1 is added to read as follows: �20-465.1 Street Vending Committee (a) There is hereby established a street vending committee to be comprised of nine members, including the commissioners of health, consumer affairs and transportation and one other member appointed by the mayor, four members appointed by the council, and a chairperson who shall be selected jointly by the mayor and the speaker of the council. The non-ex officio members of the committee shall represent food vendors and their suppliers, general vendors and their suppliers, graphic material vendors and their suppliers, owners of real property, retail merchants, neighborhood organizations, consumers and public health professionals. The committee shall meet no less often than once each month and shall be responsible for examining all issues relating to the activities of food vendors, general vendors and vendors of graphic materials to the extent allowed by law, including, but not limited to, the appropriate number of each type of vendor, locations where vending businesses may be authorized to operate, the days and times when vending businesses may be authorized to operate, sanitary and public health issues, processes for the issuance and renewal of licenses, permits and warrants and enforcement and shall make recommendations to the mayor and the council concerning these matters. (b) The street vending committee shall be responsible for receiving and reviewing any requests for prohibiting, restricting or authorizing street vending on specific streets or at specific locations and shall establish criteria for the evaluation of such requests in accordance with chapter forty-five of the charter. Within sixty days after receipt of such a request, the committee shall issue a recommendation to the mayor. Where the committee recommends a prohibition or restriction on the operation of vending businesses on a for a location for which a warrant has been issued, the department of consumer affairs shall mail to the holder of the warrant for each such location a copy of such recommendation. Within thirty days after the issuance of a recommendation, the mayor may submit to the council a request for passage of a local law consistent with such recommendation. In the event that the council does not pass such a local law within sixty days from the first stated meeting after receipt of such request, the request shall be deemed denied. �23. Subchapter 27 of chapter 2 of title 27 of the administrative code of the city of New York is amended by adding thereto a new section 20-465.2 to read as follows: �20-465.2. Additional restrictions on the location of general vendors. In addition to any other restrictions on where a general vending business may be conducted, general vendors shall be prohibited from vending on both sides of the following streets every day between the hours of seven am and nine pm, except as noted below: BOROUGH OF MANHATTAN Eighth Street: Broadway to Avenue of the Americas 13th Street: Fourth Avenue to Broadway 14th Street Broadway to Avenue of the Americas 15th Street: Irving Place to Union Square East 16th Street: Fifth Avenue to Union Square West 17th Street: Park Avenue South to Broadway 23rd Street: Lexington Avenue to Park Avenue South 32nd Street: Park Avenue to Avenue of the Americas 34th Street: Fifth Avenue to Seventh Avenue **41st Street: Seventh Avenue to Eighth Avenue *42nd Street: West of Third Avenue to Eighth Avenue (except the southside Fifth Avenue to Avenue of the Americas) 86th Street: First Avenue to Park Avenue 125th Street: Morningside Avenue to Fifth Avenue Astor Place: Third Avenue to Broadway Avenue of Americas: West Houston Street to 13th Street Avenue of Americas: 32nd Street to 59th Street Broadway: 13th Street to 14th Street *Broadway: 31st Street to south of 32nd Street *Broadway: north of 52nd Street to 53rd Street Canal Street: Bowery to Avenue of the Americas Central Park West (West side of street only): 60th Street to 62nd Street Chambers Street: Centre Street to West Street Columbus Avenue: 66th Street to 67th Street Cortlandt Street: Entire Street Dey Street: Entire Street Fifth Avenue: Washington Square North to West 12th Street Fifth Avenue: 32nd Street to 59th Street Fifth Avenue (east side of street only): 81st Street to 84th Street First Avenue: 42nd Street to 48th Street Fourth Avenue: Seventh Street to Astor Place Fourth Avenue: 13th Street to 14th Street Grand Street: Clinton Street to Essex Street Greenwich Avenue: Christopher Street to West Eleventh Street Greenwich Street: Albany Street to Liberty Street Lafayette Street: Seventh Street to Astor Place Lexington Avenue: 40th Street to 60th Street Lexington Avenue: 68th to 70th Street Lexington Avenue: 76th Street to 78th Street Lexington Avenue: 86th Street to 87th Street Madison Avenue: 34th Street to 59th Street Madison Avenue: 60th Street to 86th Street Nassau Street: Entire Street Park Avenue : 34th Street to 42nd Street Park Avenue: north of 55th Street to 59th Street Second Avenue: 57th Street to 60th Street *Seventh Avenue: north of 30th Street to south of 34th Street *Seventh Avenue: north of 35th Street to south of 46th Street *Seventh Avenue: north of 52nd Street to 53rd Street Street Marks Place: Second Avenue to Third Avenue Third Avenue (west side): Seventh Street to Astor Place Third Avenue: 40th Street to 60th Street Third Avenue: 68th Street to 70th Street Union Square East: 14th Street to 17th Street Union Square West: 14th Street to 17th Street Vanderbilt Avenue: 42nd Street to 45th Street Wall Street: Water Street to Broadway **West 43rd Street: Broadway to Eighth Avenue **West 44th Street: Broadway to Eighth Avenue **West 45th Street: Broadway to Eighth Avenue **West 46th Street: Seventh Avenue Eighth Avenue **West 47th Street: Avenue of the Americas to Eighth Avenue **West 48th Street: Broadway to Eighth Avenue **West 49th Street: Broadway to Eighth Avenue **West 50th Street: Broadway to Eighth Avenue **West 51st Street: Broadway to Eighth Avenue **West 52nd Street: Broadway to Eighth Avenue **West 53rd Street: Broadway to Eighth Avenue BOROUGH OF BROOKLYN 86th Street: Fourth Avenue to Ft. Hamilton Parkway. 86th Street: 18th Avenue to 25th Avenue Albee Square West/Gold Street: Fulton Street to Flatbush Avenue Extension Batchelder Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Bedford Avenue: Emmons Avenue to Avenue X Bragg Street: Sheepshead Bay Road to Voorhies Avenue Brigham Street: Sheepshead Bay Road to Shore Parkway Service Road (eastbound) Brown Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Coney Island Avenue: Parkside Avenue to Avenue P Court Street/Cadman Plaza: Pierrepont Street to Remsen Street Court Street: Remsen Street to Atlantic Avenue Coyle Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Cropsey Avenue: Bay 50th Street to Bay 24th Street DeKalb Avenue: Fulton Street to Flatbush Avenue Extension Dooley Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 15th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 16th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 19th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 21st Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 22nd Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 23rd Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 24th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 26th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 27th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 28th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) East 29th Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Elm Place/Duffield Street: Livingston Street to Willoughby Street Emmons Avenue: East 14th Street to Knapp Street Fifth Avenue: 44th Street to 59th Street Fifth Avenue: 84th Street to 88th Street Flatbush Avenue Extension: Willoughby Street to Fulton Street Flatbush Avenue: Fulton Street to St. John's Place/Plaza Street Flatlands Avenue: East 86th Street to Utica Avenue Ford Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Fourth Avenue: 84th Street to 88th Street Fulton Street: Flatbush Avenue to Rockwell Place Gallatin Place/Lawrence Street: Livingston Street to Willoughby Street Grand Street: Bushwick Avenue to Union Avenue Hanover Place: Livingston Street to Fulton Street Harring Street: Emmons Avenue to Shore Parkway Service Road (eastbound) Hoyt Street/Bridge Street: Livingston Street to Willoughby Street Knapp Street: Emmons Avenue to Voorhies Avenue Liberty Avenue: Drew Street to Crescent Street Livingston Street: Flatbush Ave Extension to Boerum Place/Adams Street Nevins Street: Livingston Street to Flatbush Avenue Extension Nostrand Avenue: Emmonds Avenue to Avenue X Nostrand Avenue: Avenue D to Foster Avenue Ocean Avenue: Emmons Avenue to Shore Parkway Service Road (eastbound) Pitkin Avenue: Legion Street to Thatford Avenue Poole Lane: Emmons Avenue to Shore Parkway Service Road (eastbound) Shore Parkway Service Road (eastbound): East 14th Street to East 19th Street Shore Parkway Service Road (eastbound): East 19th Street to Ocean Avenue Shore Parkway Service Road (eastbound): Ocean Avenue to Knapp Street Smith/Jay Street: Livingston Street to Willoughby Street Surf Avenue: West 20th Street to West 23rd Street West End Avenue: Shore Boulevard to Shore Parkway Service Road (eastbound) Willoughby Street: Adams Street to Flatbush Avenue Extension BOROUGH OF QUEENS 23rd Avenue: 29th Street to 33rd Street 31st Street: 21st Avenue to 23rd Avenue 165th Street: Archer Avenue to Hillside Avenue Ditmars Boulevard: 29th Street to 33rd Street Jamaica Avenue: 146th Street to 170th Street Liberty Avenue: 103rd Avenue to Van Wyck Expressway Roosevelt Avenue: Union Street to Prince Street Steinway Street: 25th Avenue to Broadway BOROUGH OF THE BRONX East 149th Street: Bergen Avenue to Melrose Avenue East 161st Street: River Avenue to Sherman Avenue Fordham Road: Webster Avenue to Jerome Avenue Grand Concourse: East 170th Street to Elliot Place Jerome Avenue: East 170th Street to Elliot Place Southern Boulevard: East 163rd Street to Westchester Avenue Third Avenue: East 148th Street to East 156th Street East 170th Street: Jerome Avenue to Grand Concourse Walton Avenue: East 170th Street to Elliot Place On streets marked with a single asterisk (*) vending is prohibited between the hours of seven am and midnight and is permitted at all other times. On streets marked with a double asterisk (**) vending is prohibited between the hours of seven am and midnight on Wednesdays, Saturdays and Sundays and is permitted on all other days and at all other times. �24. Subdivision d of section 20-468 of the administrative code of the city of New York, as last amended by local law number 14 for the year 1995, is amended to read as follows: d. If a general vendor operates any general vending business on any street at any time where and when the operation of any general vending business is prohibited pursuant to the provisions of [section 20-465.1 of the] this code or any local law [and any rules promulgated pursuant thereto, on any such street and at any such time as the street vendor review panel has determined to be regularly too congested by pedestrian or vehicular traffic to permit the operation of any general vendor business thereat without there being a serious and immediate threat to the health, safety and well-being of the public], any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of such general vendor's goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety, and such goods may be subject to forfeiture upon notice and judicial determination. If a forfeiture hearing is not commenced, the owner or other person lawfully entitled to the possession of such vehicle, pushcart stand or goods may be charged with reasonable costs for removal and storage payable prior to the release of such goods, vehicle, pushcart or stand. �25. Subdivision f of section 20-468 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, is amended to read as follows: f. If a general vendor who exclusively vends [written matter] graphic material conducts such business with the use of a vehicle, pushcart or stand, or using the surface of the sidewalk, or a blanket or board placed immediately on the sidewalk or on top of a trash receptacle or cardboard boxes to display merchandise, on any street and at any time where both (i) general vending is prohibited [pursuant to section 20-465.1 of this subchapter and any rules promulgated thereunder;] and (ii) food vending is prohibited [pursuant to section 20-465.1 of this subchapter and any rules promulgated hereunder or pursuant to subdivision 1 of section 17-315 of this code], any authorized officer or employee of the department or member of the police department is authorized to provide for the removal of the general vendor's goods, vehicle, pushcart or stand to any garage, automobile pound or other place of safety. �26. Section 20-471 of the administrative code of the city of New York is amended to read as follows: �20-471 [Regulations] Rules. The commissioner shall make such [regulations] rules as deemed necessary for the proper implementation and enforcement of this subchapter and subchapter 27-A of this chapter. �27. Subdivision e of section 20-472 of the administrative code of the city of New York, as amended by local law number 14 for the year 1995, is amended to read as follows: e. Any person who violates the provisions of [sections] section 20-465 [and 20-465.1] of this subchapter and any rules promulgated thereunder shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. �28. Section 20-473 of the administrative code of the city of New York, as amended by local law number 15 for the year 1995, is amended to read as follows: �20-473 Exemptions for [general] vendors who exclusively vend [written matter] graphic material. General vendors who exclusively vend [written matter] graphic material are exempt from the following provisions of this subchapter: sections 20-454, 20-455, 20-456, 20-457, 20-459, 20-461, 20-462, 20-463 and 20-464; subdivision g of section 20-465; subdivision j of section 20-465, except that nothing herein shall be construed to deprive the commissioner of the department of parks and recreation the authority to regulate the vending of [written matter] graphic material in a manner consistent with the purpose of the parks and the declared legislative intent of this subchapter; [section 20-465.1 and any rules promulgated thereunder,] except that on any street where both general vending is prohibited pursuant to [section 20-465.1 of] this subchapter or any local law and any rules promulgated thereunder and food vending is prohibited pursuant to [section 20-465.1 of this subchapter] any local law [and any rules promulgated thereunder] or pursuant to subdivision l of section 17-315 of this code general vendors who exclusively vend [written matter] graphic material shall not be permitted to vend with the use of any vehicle, pushcart or stand; sections 20-466 and 20-467; subdivisions c and d of section 20-468; sections 20-469 and 20-470; and subdivision a, and paragraph one of subdivision c of section 20-472. �29. Section 20-474 of the administrative code of the city of New York, as amended by local law number 45 for the year 1993, is amended to read as follows: �20-474 Procedures for recovery of [written matter] graphic material that has been removed. A [general vendor who exclusively vends written matter] graphic material vendor who has had any [written matter] graphic material or any vehicle, pushcart or stand removed under the provisions of subdivisions b, e or f of section 20-468 of this subchapter may serve upon the officer in charge of the police department facilities in which the property is located notice of a request for the return of such property either before or after a judicial or administrative determination, conducted in accordance with this subchapter and all other laws and rules applicable thereto, of the violation underlying the removal of such [written matter] graphic material, vehicle, pushcart or stand has been made irrespective of the result of such determination. Unless the judicial or administrative proceeding has terminated in favor of such vendor, the owner, or other person lawfully entitled to the possession of such vehicle, pushcart, stand or [written matter] graphic material which has been removed under the aforementioned provisions shall be charged with reasonable costs for removal and storage, payable upon or after the judicial or administrative determination that the violation underlying the removal of such [written matter] graphic material, vehicle, pushcart or stand occurred. Such charge for removal and storage, which shall be established by the police commissioner by [regulation] rule shall be made part of the fine, penalty or judgment rendered in the judicial or administrative proceeding and shall be paid, to the police department property clerk by the judicial or administrative body receiving such fine, penalty or judgment. �30. Chapter 2 of title 20 of the administrative code of the city of New York is amended by adding thereto a new subchapter 27-A to read as follows: Subchapter 27-A Warrants for Vending �20-474.4 Warrant required. �20-474.5 Procedure for issuance of warrants. �20-474.6 Warrant application. �20-474.7 Design and standards for pushcarts and stands. �20-474.8 Penalties. �20-474.4 Warrant required. a. It shall be unlawful for any person to conduct a food vending business, general vending business or graphic material vending business at any location without first obtaining a warrant to vend at such location. Only the holder of both a license and, when required, a permit may receive a warrant, except where the permittee is a partnership, corporation, limited liability company or other association in which case the permittee shall be eligible to receive a warrant with a license issued to an officer, director, or shareholder of the corporation or, in the case of a partnership, to a partner thereof, with the further exception that a graphic vendor person may receive a warrant to conduct a graphic material vending business without also holding obtaining a license or permit. No more than two vendors may lawfully vend on any corner at any one time nor may more than three vendors lawfully vend at any intersection at any one time but a vendor may lawfully vend on a blockface for which a warrant may be issued by the commissioner. The commissioner shall issue a warrant in accordance with the procedures set forth in this subchapter for every location where vending is authorized by law for the hours during which vending is authorized and may issue more than two warrants for any location or three warrants for any intersection so long as the restrictions set forth in this subdivision are maintained. b. No vendor shall be issued more than one warrant except an exclusive distributor or manufacturer, as defined in subdivisions o and p of section 17-306 of this code, respectively, that has been issued multiple food vending permits pursuant to section 17-307 of this code. An exclusive manufacturer or distributor shall be issued warrants equal in number to the number of food vending permits held by such exclusive manufacturer or distributor. c. Warrants shall be issued in such a manner as to ensure that no category of vendor dominates or is excluded from any geographic area. d. The commissioner shall by rule establish warrant application and renewal procedures to provide a preference for disabled veterans consistent with the provisions of article four of the general business law. e. In the event that subsequent to the issuance of such warrant the location for which a warrant has been issued may no longer be used lawfully used for vending or may no longer be used during the times specified in such warrant then, upon written notification to the holder of the warrant for that location, such warrant shall be revoked or modified, as is appropriate under the circumstances. In such a case, upon request of the vendor, the commissioner shall make every reasonable effort to accommodate the vendor at the nearest available warrantable location or other available warrantable location of the vendor's choice. f. Where a location for which a warrant has been issued may no longer be used to conduct a vending business in accordance with the provisions of such warrant, the department shall mail within five business days of such change to the holder of a warrant for such location written notice revoking the warrant. Within five business days after such notice has been received, the holder of such warrant shall return the warrant to the commissioner. The commissioner shall, consistent with the provisions of subdivision e of this section, issue a new warrant to such person. g. The commissioner may, in exercise of his or her discretion, deny the issuance of a warrant for an otherwise warrantable location if in his or her determination, and as explained in a written notification to the applicant, public health, safety or welfare require such action. In such a case, the commissioner shall make every reasonable effort to accommodate the vendor at the nearest available warrantable location or other available warrantable location of the vendor's choice. �20-474.5 Procedure for issuance of warrants. a. Within thirty days after the effective date of this section, the commissioner shall send a notice to each general vendor licensed pursuant to section 20-453 of this title or section 35-a of the general business law and to each vendor holding a permit issued pursuant to section 17-307 of this code of the opportunity and procedure for applying for a warrant to operate a vending business. Such notice shall also be published in the City Record and in a newspaper of general circulation for a period of no less than seven consecutive business days. b. (i) There shall be a period of five business days commencing on the tenth business day after the last day of publication of the notice in accordance with subdivision a of this section during which an application may be made to the commissioner for a warrant. An applicant may submit first and second choices of locations for which a warrant is sought and where only one applicant has sought a warrant for a specific location and/or for a specific time period for a location, a warrant shall be issued forthwith in accordance with such application. (ii) Where more than one application for a warrant has been received for a specific location and/or for a specific time period for a location, the commissioner shall employ a random selection process for issuing the warrant. Where an applicant is not issued a warrant for a first choice through such random selection process but has submitted a second choice, such second choice shall be deemed a first choice for the purposes of this subdivision and the commissioner shall issue warrants accordingly. Where necessary, the commissioner shall also employ a random selection process for issuing warrants for locations which were the second choices of vendors. The commissioner shall send a written notice by regular mail to those applicants who are not issued a warrant pursuant to this paragraph. (iii) An applicant who is not issued a warrant pursuant to paragraph ii of this subdivision shall have ten business days from the conclusion of the procedure described in paragraph ii of this subdivision to submit a second application for a warrant in which the applicant may present a first and second choice for any location and/or time period for which no warrant has yet been issued. The issuance of warrants pursuant to this paragraph shall be in accordance with the procedures set forth in paragraph ii of this subdivision. (iv) At any time thereafter, a vendor described in subdivision a of this section may submit an application for a warrant for any location and/or time period for which no warrant has been issued. c. No applicant for a warrant may list a location or a specific time period for a specific location as a first or second choice on more than one application, irrespective of how many permits such applicant may hold. Where an applicant is a partnership, corporation, limited liability company or other business entity, and an individual who is a principal of the applicant is also a principal of another applicant, all of the applicants shall be deemed to be a single applicant for the purposes of this subdivision. �20-474.6 Warrant application. a. An application for a warrant in such form and detail as the commissioner may prescribe shall be completed by all applicants and, unless exempted by article four of the general business law or if the application is being filed by a not-for-profit organization, shall be accompanied by the fee required by this subchapter. b. In addition to any other information required, the commissioner shall require the following information: 1. The name, home and business address of the applicant and the name, home address and license number of every vendor who will be authorized to operate such applicant's vehicle, pushcart or stand and the legal relationship between such applicant and such vendor; and the name and address of the owner, if other than the applicant, of any vehicle, pushcart, stand, food or goods to be used in the vending business. 2. A description of the food, goods or services to be vended or displayed and a description of the vehicle, pushcart or stand to be used in the vending business. 3. Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application. 4. Proof that the applicant has obtained a certificate of authority to collect sales taxes pursuant to section eleven hundred thirty-four of the tax law and has a tax clearance certificate from the state tax commission of the state of New York. 5. Whether such applicant is an individual, partnership or other association, or a corporation or limited liability company, and if such applicant is an individual applying for a permit to vend food from a vehicle, pushcart or stand in a public place, whether any of such applicant's unemancipated children hold such permits; if a partnership, limited liability company or other association, the name and address of each partner, member, officer or manager of such entity; if a corporation, the names and addresses of the officers, directors and all shareholders. 6. An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served. 7. If the applicant is not a citizen of the United States, proof that such person is either a permanent resident alien or an alien permitted by law to work in the United States. 8. Proof that the applicant has obtained the appropriate seal of approval for his or her weighing or measuring device or system as required under section one hundred eighty-three of the agriculture and markets law. 9. Proof that the vehicle, pushcart or stand has been inspected by the department authorized to conduct such inspection and passed such inspection. c. Upon approval of the application, and in compliance with the provisions of this chapter, the commissioner shall issue a warrant plate to the applicant. Such warrant shall contain the name and address of the warrantee, a description of his or her designated location and designated vending hours, his or her permit number, a description of the food, goods or services to be vended at such fixed location, a non-removable photograph of such warrantee and the department's telephone complaint number. �20-474.7 Design and standards for pushcarts and stands. a. The commissioner, in consultation with the commissioner of health, the art commission and a representative from the vending industry, shall by rule adopt generic designs and establish standards relating to the size and configuration of pushcarts and stands. A unanimous vote of the commissioner of consumer affairs, the commissioner, the art commission, and the vendor representative must be obtained in order to modify any previously existing standard or design, or establish a design or standard where there is none. Unless or until any new standard or design is approved in accordance with this subdivision there shall be no specific standards or design. Any new design and standards shall be published in the City Record and a copy shall be sent to each warrant holder. b. No vendor shall vend from any pushcart or stand which does not comply with the standards established in accordance with this section, except that a vendor who holds a permit on the date that a new design or standard is published in the City Record shall have two years from the date of publication within which to comply with that new design or standard. c. Any vendor who is unable to comply with the approved standards or design for a pushcart or stand may be granted a waiver from compliance with such standards or design by the commissioner of consumer affairs upon the presentation by the vendor of sufficient evidence of hardship. An application for a waiver shall be approved, approved with conditions or denied by the commissioner within two weeks of its submission. �20-474.8 Penalties. a. Any holder of a warrant issued pursuant to the provisions of this chapter who in the aggregate commits two or more violations of the provisions of subdivision a of section 20-474.4 of this subchapter, any restriction set forth in section 17-315 of this code or section 20-465 of this chapter, or any rules promulgated thereunder, within a one year period shall be subject to the revocation of the warrant which was the subject of the violations. b. Any holder of a warrant issued pursuant to the provisions of this chapter who in the aggregate commits three or more violations of the provisions of subdivision a of section 20-474.4 of this subchapter, any restriction set forth in section 17-315 of this code or section 20-465 of this chapter, or any rules promulgated thereunder, within a two year period shall be subject to the revocation of every warrant held by such person. �31. This local law shall take effect thirty days after its enactment into la w but the commissioners of health and consumer affairs shall forthwith commence all actions necessary for the implementation of this local law, including the promulgation of rules. JH/JJ/ts H:\lsreques\VendFinal 2/10/99 9:30 am