NY State Senate Bill 2015-S4425

Senate Bill S4425

2015-2016 Legislative Session

Directs cities having a population of two million or more to establish a vendor policy commission to review and make recommendation on the laws and rules applicable to street vendors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
Jun 25, 2015	committed to rules
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.421
Mar 19, 2015	referred to cities

Votes

- Apr 22, 2015 - Cities Committee Vote
  S4425
  
  4
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities Committee Vote: Apr 22, 2015
      
      aye (4)
      
      DeFrancisco
      
      Lanza
      
      Peralta
      
      Savino
      
      nay (1)
      
      Ortt
      
      aye wr (2)
      
      Funke
      
      Squadron

2015-S4425 (ACTIVE) - Details

See Assembly Version of this Bill:: A6797
Current Committee:: Senate Cities
Law Section:: Cities
Versions Introduced in 2017-2018 Legislative Session:: S331

2015-S4425 (ACTIVE) - Summary

Directs cities having a population of two million or more to establish a vendor policy commission to review and make recommendations on the laws and rules applicable to street vendors.

2015-S4425 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4425                    Revised 04/17/15

TITLE OF BILL:

An act to provide for the establishment of a vendor policy commission
in cities having a population of two million or more

PURPOSE:

This bill directs all cities with a population of over 2 million to
establish a street vendor policy commission for the purposes of
evaluating subjects, including but not limited to: (1) the lifting of
caps on street vendor permits; (2) establishing and enforcing a
process to rescind licenses of licensees who illegally rent out
credentials; (3) establishing pertinent zoning regulations and
incentive structures; (4) create a letter grading system for mobile
food vendors; (5) implementing a system of fines for minor violations
while focusing on serious violations; (6) establishing community
spaces where vendors may congregate to sell food without exacerbating
congestion; and (7) creating a mediation process whereby street
vendors and adjacent businesses can resolve conflicts.

SUMMARY OF PROVISIONS:

Section 1 enumerates persons to be named to requisite street vendor
policy commission(s).

Section 2 enumerates procedures of requisite street vendor
commission(s), while also outlining policy issue areas to be studied
and recommended upon by commission(s).

Section 3 enumerates the powers of requisite street vendor policy
commission(s).

Section 4 sets forth the effective date.

JUSTIFICATION:

This bill directs the formation of a long overdue street vendor policy
commission in order to review policy and recommend changes relative to
the current prevailing issues among street vendors and concurrently,
traditional storefront businesses.

While traditional storefronts have long complained of the interference
of street vendors upon sales of their businesses, regulations have
been slow to protect these business interests. Simultaneously, street
vendors have become an essential presence to consumers and are a part
of the vibrant fabric that builds neighborhoods throughout New York
City. With the growth of New Yorkers working as street vendors,
regulation has also failed to address a cap on street vending licenses
that has allowed a dangerous and financially crippling black market of
vending licenses to thrive. Often, the enforcement powers of oversight
agencies are unclear and decisions to wage fines upon street vendors,
or to wholly revoke their licenses, are based on less than adequate
regulatory guidance.


A new street vendor policy commission, composed of pertinent
government officials and community advocates for all involved
interests, is the right next step in modernizing the regulations that
govern street vending.

FISCAL IMPACT:

None to be incurred by the State.

PRIOR LEGISLATIVE HISTORY:

New bill.

EFFECTIVE DATE:

This act will take effect ninety days after it becomes law.

2015-S4425 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4425

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to provide for the establishment of a vendor policy commission in
  cities having a population of two million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. There shall be established in each city having a population
of  two million or more a vendor policy commission. Each such commission
shall be composed of 9 members, as follows:
  (a)  the  commissioner  of  the  city  department  of  small  business
services, or his or her designee;
  (b)  the  director  of the city department of city planning, or his or
her designee;
  (c) the commissioner of the city department of transportation, or  his
or her designee;
  (d)  the  commissioner  of  the  city  department of health and mental
hygiene, or his or her designee;
  (e) the commissioner of the city department of  consumer  affairs,  or
his or her designee; and
  (f)  four  members  appointed by the mayor, upon the nomination of the
speaker of city council, of whom:
  (1) one shall be a representative of an  organization  that  advocates
for or provides services to street vendors in the city,
  (2)  one  shall be a representative of a business improvement district
in the city,
  (3) one shall  be  a  representative  of  an  established  chamber  of
commerce in the city, and
  (4) one shall be a representative of an immigrant advocacy or services
organization in the city.
  S  2.  Each  vendor  policy  commission shall, after review, study and
receipt of public comment, and concurrence of a majority of its members,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10063-01-5

S. 4425                             2

issue a report and promulgate recommendations relating to the local laws
and regulations governing the operation of general  vending  businesses,
as  defined  in section 20-452 of the administrative code of the city of
New  York,  and food vending businesses, as defined in section 17-306 of
the administrative code of the city of New York. Such  report  shall  be
submitted  to  the mayor and the city council, and made available to the
public within 6 months of the effective date of this act. Such recommen-
dations shall include, but not be limited to, the following issues:
  (a) the lifting of the cap on street vendor permits;
  (b) establishing and enforcing a process to rescind  the  licenses  of
licensees who illegally rent out credentials;
  (c)  the  establishment of zoning regulations and incentive structures
that reduce congestion and lead to  a  more  efficient  distribution  of
vendor locations;
  (d) the creation of a letter grading system for mobile food vendors;
  (e) the implementation of a system of fines that reduces penalties for
minor  violations  and  focuses  on  serious health, safety, traffic and
sanitation violations;
  (f) the establishment and promotion  of  designated  community  spaces
where  street  vendors  can congregate to sell food without exacerbating
congestion; and
  (g) the creation of a mediation process  whereby  street  vendors  and
adjacent business owners can resolve conflicts.
  S 3. Each commission shall have the power to:
  (a)  appoint  a chairperson by majority vote of its designated member-
ship;
  (b) recommend to the mayor and the city council such  legislation  and
rules as it shall deem necessary to implement its recommendations; and
  (c)  in  the  same  manner as provided in section 1043 of the New York
city charter, promulgate and amend,  on  an  ongoing  basis,  the  rules
governing  street  vendors,  when  such rules are within the purview and
enumerated powers of one or more of the city agencies represented in the
membership of the commission.
  S 4. This act shall take effect immediately.

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