S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9782
 
                           I N  A S S E M B L Y
 
                             February 11, 2020
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Cities
 
 AN ACT to amend the general city law, in relation to the  regulation  of
   street vendors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general city law is amended by  adding  a  new  section
 18-e to read as follows:
   § 18-E. STREET  VENDORS.  1.  FOR  THE  PURPOSES  OF THIS SECTION, THE
 FOLLOWING DEFINITIONS APPLY:
   A. "STREET VENDOR" MEANS A PERSON WHO SELLS FOOD OR MERCHANDISE FROM A
 FOOD TRUCK, PUSHCART, STAND, DISPLAY, PEDAL-DRIVEN  CART,  WAGON,  SHOW-
 CASE,  RACK, OTHER NONMOTORIZED CONVEYANCE, OR FROM ONE'S PERSON, UPON A
 PUBLIC STREET, SIDEWALK OR OTHER PEDESTRIAN PATH.
   B. "LOCAL LEGISLATIVE BODY" MEANS THE LEGISLATIVE BODY OF A CITY.
   2. A. A LOCAL LEGISLATIVE  BODY  SHALL  NOT  REGULATE  STREET  VENDORS
 EXCEPT  IN  ACCORDANCE  WITH  SUBDIVISION  THREE,  FOUR  OR FIVE OF THIS
 SECTION.
   B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT  THE  APPLICA-
 BILITY OF ANY LAWS, RULES, OR REGULATIONS PERTAINING TO FOOD SAFETY TO A
 STREET VENDOR WHO SELLS FOOD.
   C.  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO REQUIRE A LOCAL
 LEGISLATIVE BODY TO ADOPT A NEW PROGRAM TO REGULATE  STREET  VENDORS  IF
 THE  LOCAL  LEGISLATIVE  BODY  HAS  ESTABLISHED AN EXISTING PROGRAM THAT
 SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
   3. A. A LOCAL LEGISLATIVE BODY MAY ADOPT A PROGRAM TO REGULATE  STREET
 VENDORS IN COMPLIANCE WITH THIS SECTION.
   B. A LOCAL LEGISLATIVE BODY'S STREET VENDING PROGRAM SHALL COMPLY WITH
 ALL OF THE FOLLOWING STANDARDS:
   (I)  A  LOCAL  LEGISLATIVE  BODY  SHALL NOT REQUIRE A STREET VENDOR TO
 OPERATE WITHIN SPECIFIC PARTS OF THE PUBLIC  RIGHT-OF-WAY,  EXCEPT  WHEN
 SUCH  RESTRICTION  IS  DIRECTLY  RELATED TO OBJECTIVE HEALTH, SAFETY, OR
 WELFARE CONCERNS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13953-05-0

 A. 9782                             2
 
   (II) (A) A LOCAL LEGISLATIVE BODY SHALL NOT PROHIBIT A  STREET  VENDOR
 FROM  SELLING  FOOD  OR  MERCHANDISE  IN A PARK OWNED OR OPERATED BY THE
 CITY, EXCEPT THE LOCAL LEGISLATIVE BODY MAY PROHIBIT  STATIONARY  STREET
 VENDORS  FROM  VENDING  IN THE PARK ONLY IF THE OPERATOR OF THE PARK HAS
 SIGNED AN AGREEMENT FOR CONCESSIONS THAT EXCLUSIVELY PERMITS THE SALE OF
 FOOD OR MERCHANDISE BY THE CONCESSIONAIRE.
   (B)  NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, A LOCAL LEGISLA-
 TIVE BODY MAY ADOPT ADDITIONAL REQUIREMENTS REGULATING THE TIME,  PLACE,
 AND  MANNER OF STREET VENDING IN A PARK OWNED OR OPERATED BY THE CITY IF
 THE REQUIREMENTS ARE ANY OF THE FOLLOWING:
   (1) DIRECTLY RELATED TO OBJECTIVE HEALTH, SAFETY, OR WELFARE CONCERNS;
   (2) NECESSARY TO ENSURE THE PUBLIC'S  USE  AND  ENJOYMENT  OF  NATURAL
 RESOURCES AND RECREATIONAL OPPORTUNITIES; OR
   (3) NECESSARY TO PREVENT AN UNDUE CONCENTRATION OF COMMERCIAL ACTIVITY
 THAT  UNREASONABLY  INTERFERES  WITH THE SCENIC AND NATURAL CHARACTER OF
 THE PARK.
   (III) A LOCAL LEGISLATIVE BODY SHALL NOT REQUIRE A  STREET  VENDOR  TO
 FIRST  OBTAIN  THE  CONSENT OR APPROVAL OF ANY NONGOVERNMENTAL ENTITY OR
 INDIVIDUAL BEFORE HE OR SHE CAN SELL FOOD OR MERCHANDISE.
   (IV) (A) A LOCAL LEGISLATIVE BODY SHALL NOT RESTRICT STREET VENDORS TO
 OPERATE ONLY IN A DESIGNATED NEIGHBORHOOD  OR  AREA,  EXCEPT  WHEN  THAT
 RESTRICTION  IS DIRECTLY RELATED TO OBJECTIVE HEALTH, SAFETY, OR WELFARE
 CONCERNS.
   (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, A LOCAL  LEGISLA-
 TIVE BODY MAY NOT PROHIBIT STATIONARY OR ROAMING STREET VENDORS IN AREAS
 THAT ARE ZONED EXCLUSIVELY RESIDENTIAL.
   (V)  A LOCAL LEGISLATIVE BODY SHALL NOT RESTRICT THE OVERALL NUMBER OF
 STREET VENDORS PERMITTED TO OPERATE WITHIN THE JURISDICTION OF THE LOCAL
 LEGISLATIVE BODY.
   C. A LOCAL LEGISLATIVE BODY MAY,  BY  LAW,  ORDINANCE  OR  RESOLUTION,
 ADOPT  ADDITIONAL REQUIREMENTS REGULATING THE TIME, PLACE, AND MANNER OF
 STREET VENDING IF THE REQUIREMENTS ARE  DIRECTLY  RELATED  TO  OBJECTIVE
 HEALTH,  SAFETY, OR WELFARE CONCERNS, INCLUDING, BUT NOT LIMITED TO, ANY
 OF THE FOLLOWING:
   (I) LIMITATIONS ON HOURS OF OPERATION THAT ARE NOT UNDULY RESTRICTIVE.
 IN NONRESIDENTIAL AREAS, ANY LIMITATIONS ON THE HOURS OF  OPERATION  FOR
 STREET  VENDING  SHALL  NOT  BE MORE RESTRICTIVE THAN ANY LIMITATIONS ON
 HOURS OF OPERATION IMPOSED ON OTHER  BUSINESSES  OR  USES  ON  THE  SAME
 STREET;
   (II) REQUIREMENTS TO MAINTAIN SANITARY CONDITIONS;
   (III)  REQUIREMENTS  NECESSARY  TO  ENSURE COMPLIANCE WITH THE FEDERAL
 AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336)  AND  OTHER
 DISABILITY ACCESS STANDARDS;
   (IV)  REQUIRING THE STREET VENDOR TO OBTAIN FROM THE LOCAL LEGISLATIVE
 BODY A PERMIT FOR STREET VENDING OR A VALID BUSINESS  LICENSE,  PROVIDED
 THAT  THE  LOCAL LEGISLATIVE BODY ISSUING THE PERMIT OR BUSINESS LICENSE
 ACCEPTS A NEW YORK DRIVER'S LICENSE OR IDENTIFICATION NUMBER,  AN  INDI-
 VIDUAL  TAXPAYER  IDENTIFICATION  NUMBER,  OR A MUNICIPAL IDENTIFICATION
 NUMBER IN LIEU OF A SOCIAL SECURITY NUMBER IF THE LOCAL LEGISLATIVE BODY
 OTHERWISE REQUIRES A SOCIAL SECURITY NUMBER FOR THE ISSUANCE OF A PERMIT
 OR BUSINESS LICENSE, AND THAT THE NUMBER COLLECTED SHALL NOT  BE  AVAIL-
 ABLE  TO  THE  PUBLIC  FOR INSPECTION, IS CONFIDENTIAL, AND SHALL NOT BE
 DISCLOSED EXCEPT AS REQUIRED  TO  ADMINISTER  THE  PERMIT  OR  LICENSURE
 PROGRAM OR COMPLY WITH A STATE LAW OR STATE OR FEDERAL COURT ORDER;
   (V)  REQUIRING THE STREET VENDOR TO POSSESS A VALID SELLER'S PERMIT OR
 LICENSE;

 A. 9782                             3
 
   (VI) REQUIRING ADDITIONAL LICENSES FROM OTHER STATE OR LOCAL  AGENCIES
 TO THE EXTENT REQUIRED BY LAW;
   (VII) REQUIRING COMPLIANCE WITH OTHER GENERALLY APPLICABLE LAWS; OR
   (VIII)  REQUIRING  A STREET VENDOR TO SUBMIT INFORMATION ON HIS OR HER
 OPERATIONS, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (A) THE NAME AND CURRENT MAILING ADDRESS OF THE STREET VENDOR;
   (B) A DESCRIPTION OF THE MERCHANDISE OFFERED FOR SALE OR EXCHANGE;
   (C) A CERTIFICATION BY THE VENDOR THAT TO HIS  OR  HER  KNOWLEDGE  AND
 BELIEF, THE INFORMATION CONTAINED ON THE FORM IS TRUE;
   (D) THE NEW YORK STATE TAX NUMBER, IF ANY, OF THE STREET VENDOR; OR
   (E)  IF THE STREET VENDOR IS AN AGENT OF AN INDIVIDUAL, COMPANY, PART-
 NERSHIP, OR CORPORATION, THE NAME AND BUSINESS ADDRESS OF THE PRINCIPAL.
   D. NOTWITHSTANDING PARAGRAPH B OF THIS SUBDIVISION, A  LOCAL  LEGISLA-
 TIVE  BODY  MAY RESTRICT OR PROHIBIT STREET VENDORS WITHIN THE IMMEDIATE
 VICINITY OF AN AREA DESIGNATED FOR A TEMPORARY SPECIAL PERMIT ISSUED  BY
 THE  LOCAL  LEGISLATIVE  BODY, PROVIDED THAT ANY NOTICE, BUSINESS INTER-
 RUPTION MITIGATION, OR OTHER RIGHTS PROVIDED TO AFFECTED  BUSINESSES  OR
 PROPERTY  OWNERS  UNDER  THE  LOCAL LEGISLATIVE BODY'S TEMPORARY SPECIAL
 PERMIT ARE ALSO PROVIDED TO ANY STREET VENDORS SPECIFICALLY PERMITTED TO
 OPERATE IN THE AREA, IF APPLICABLE. FOR THE PURPOSES OF THIS  PARAGRAPH,
 A  TEMPORARY  SPECIAL PERMIT IS A PERMIT ISSUED BY THE LOCAL LEGISLATIVE
 BODY FOR THE TEMPORARY USE OF, OR ENCROACHMENT ON, THE STREET, SIDEWALK,
 OR OTHER PUBLIC AREA, INCLUDING, BUT  NOT  LIMITED  TO  AN  ENCROACHMENT
 PERMIT,  SPECIAL  EVENT  PERMIT, OR TEMPORARY EVENT PERMIT, FOR PURPOSES
 INCLUDING, BUT NOT LIMITED TO, FILMING, PARADES, OR OUTDOOR CONCERTS.  A
 PROHIBITION  OF  STREET VENDORS PURSUANT TO THIS PARAGRAPH SHALL ONLY BE
 EFFECTIVE FOR THE LIMITED DURATION OF THE TEMPORARY SPECIAL PERMIT.
   E. FOR THE PURPOSES OF THIS SECTION,  PERCEIVED  COMMUNITY  ANIMUS  OR
 ECONOMIC  COMPETITION  SHALL NOT CONSTITUTE AN OBJECTIVE HEALTH, SAFETY,
 OR WELFARE CONCERN.
   4. ALL ENFORCEMENT AND INSPECTION OF THIS SECTION SHALL BE CARRIED OUT
 BY THE HEALTH OFFICER OF A CITY WITH A POPULATION OF FIFTY  THOUSAND  OR
 MORE,  THE COMMISSIONER OF HEALTH OR HEALTH OFFICER OF A COUNTY OR PART-
 COUNTY HEALTH DISTRICT, THE  STATE  REGIONAL  HEALTH  DIRECTOR  OR  AREA
 DIRECTOR HAVING JURISDICTION, A GRADE I OR GRADE II PUBLIC HEALTH ADMIN-
 ISTRATOR  QUALIFIED AND APPOINTED PURSUANT TO 10 NYCRR PART 11, A PUBLIC
 HEALTH DIRECTOR OR ANY COUNTY HEALTH DIRECTOR HAVING ALL THE POWERS  AND
 DUTIES  PRESCRIBED  IN  SECTION  THREE  HUNDRED  FIFTY-TWO OF THE PUBLIC
 HEALTH LAW. THE HEALTH COMMISSIONER OR HEALTH OFFICER OF A CITY  WITH  A
 POPULATION  OF  FIFTY  THOUSAND  OR  MORE, OR THE HEALTH COMMISSIONER OR
 HEALTH OFFICER OF A COUNTY OR PART-COUNTY HEALTH DISTRICT, OR SUCH GRADE
 I OR GRADE II PUBLIC HEALTH ADMINISTRATOR OR PUBLIC HEALTH  DIRECTOR  OR
 COUNTY  HEALTH  DIRECTOR  MAY  DESIGNATE  THE  DIRECTOR OF ENVIRONMENTAL
 HEALTH OF SUCH DISTRICT; AND THE STATE REGIONAL HEALTH DIRECTOR OR  AREA
 DIRECTOR  MAY  DESIGNATE  THE  DISTRICT  DIRECTOR  AS ADDITIONAL PERSONS
 AUTHORIZED TO ENFORCE AND PERFORM INSPECTIONS PURSUANT TO THIS SECTION.
   5. A. (I) A VIOLATION OF A LOCAL  LEGISLATIVE  BODY'S  STREET  VENDING
 PROGRAM THAT COMPLIES WITH SUBDIVISION THREE OF THIS SECTION IS PUNISHA-
 BLE ONLY BY THE FOLLOWING:
   (A) A FINE NOT EXCEEDING ONE HUNDRED DOLLARS FOR A FIRST VIOLATION.
   (B)  A  FINE  NOT EXCEEDING TWO HUNDRED DOLLARS FOR A SECOND VIOLATION
 WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (C) A FINE NOT EXCEEDING THREE HUNDRED  DOLLARS  FOR  EACH  ADDITIONAL
 VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (II)  A LOCAL LEGISLATIVE BODY MAY RESCIND A PERMIT ISSUED TO A STREET
 VENDOR FOR THE TERM OF THAT PERMIT UPON SERIOUS REPEATED AND  PERSISTENT

 A. 9782                             4
 
 VIOLATIONS  OF  ANY  OF  THE  REQUIREMENTS  OF SUBDIVISION THREE OF THIS
 SECTION, AND AFTER NOTICE AND AN OPPORTUNITY  FOR  A  HEARING  HAS  BEEN
 PROVIDED BY THE PERMIT-ISSUING OFFICIAL.
   (III)  (A)  IF  A LOCAL LEGISLATIVE BODY REQUIRES A SIDEWALK VENDOR TO
 OBTAIN A STREET VENDING PERMIT FROM THE LOCAL LEGISLATIVE BODY,  VENDING
 WITHOUT  A  STREET  VENDING PERMIT MAY BE PUNISHABLE BY THE FOLLOWING IN
 LIEU OF THE FINES SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH:
   (1) A FINE NOT EXCEEDING TWO HUNDRED DOLLARS FOR A FIRST VIOLATION.
   (2) A FINE NOT EXCEEDING THREE HUNDRED DOLLARS FOR A SECOND  VIOLATION
 WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (3)  A  FINE  NOT  EXCEEDING  FOUR HUNDRED DOLLARS FOR EACH ADDITIONAL
 VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (B) UPON PROOF OF A VALID PERMIT ISSUED BY THE LOCAL LEGISLATIVE BODY,
 THE FINES SET FORTH IN THIS PARAGRAPH SHALL BE REDUCED TO THE FINES  SET
 FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, RESPECTIVELY.
   B.  THE  PROCEEDS  OF  A FINE ASSESSED PURSUANT TO PARAGRAPH A OF THIS
 SUBDIVISION SHALL BE DEPOSITED IN THE GENERAL FUND OF THE LOCAL LEGISLA-
 TIVE BODY.
   C. FAILURE TO PAY A FINE PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION
 SHALL  NOT  BE  PUNISHABLE  AS  AN INFRACTION OR MISDEMEANOR. ADDITIONAL
 FINES, FEES, ASSESSMENTS, OR ANY OTHER FINANCIAL CONDITIONS BEYOND THOSE
 AUTHORIZED IN PARAGRAPH A OF THIS SUBDIVISION SHALL NOT BE ASSESSED.
   D. (I) A VIOLATION  OF  A  LOCAL  LEGISLATIVE  BODY'S  STREET  VENDING
 PROGRAM  THAT  COMPLIES  WITH  SUBDIVISION  THREE  OF THIS SECTION, OR A
 VIOLATION OF ANY RULES OR REGULATIONS ADOPTED  PRIOR  TO  THE  EFFECTIVE
 DATE  OF  THIS  SECTION, THAT REGULATE OR PROHIBIT STREET VENDORS IN THE
 JURISDICTION OF A LOCAL LEGISLATIVE BODY, SHALL NOT BE PUNISHABLE AS  AN
 INFRACTION  OR  MISDEMEANOR, AND THE PERSON ALLEGED TO HAVE VIOLATED ANY
 SUCH PROVISIONS SHALL NOT BE SUBJECT TO  ARREST  EXCEPT  WHEN  PERMITTED
 UNDER LAW.
   (II)  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, SUBPARAGRAPH (I)
 OF THIS PARAGRAPH SHALL APPLY TO ALL PENDING CRIMINAL PROSECUTIONS UNDER
 ANY LAW,  ORDINANCE  OR  RESOLUTION  REGULATING  OR  PROHIBITING  STREET
 VENDORS.  ANY  SUCH  CRIMINAL  PROSECUTIONS  THAT HAVE NOT REACHED FINAL
 JUDGMENT SHALL BE DISMISSED.
   E. A LOCAL LEGISLATIVE BODY THAT HAS NOT ADOPTED RULES OR  REGULATIONS
 BY LAW, ORDINANCE OR RESOLUTION THAT COMPLY WITH SUBDIVISION TWO OF THIS
 SECTION  SHALL  NOT  CITE,  FINE,  OR  PROSECUTE  A  STREET VENDOR FOR A
 VIOLATION OF ANY LAW, RULE OR REGULATION THAT IS INCONSISTENT  WITH  THE
 STANDARDS DESCRIBED IN PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION.
   F.  (I) WHEN ASSESSING A FINE PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION, THE ADJUDICATOR SHALL TAKE INTO CONSIDERATION THE PERSON'S ABILITY
 TO PAY THE FINE. THE LOCAL LEGISLATIVE BODY  SHALL  PROVIDE  THE  PERSON
 WITH  NOTICE  OF  HIS OR HER RIGHT TO REQUEST AN ABILITY-TO-PAY DETERMI-
 NATION AND SHALL MAKE AVAILABLE  INSTRUCTIONS  OR  OTHER  MATERIALS  FOR
 REQUESTING  AN  ABILITY-TO-PAY  DETERMINATION. THE PERSON MAY REQUEST AN
 ABILITY-TO-PAY DETERMINATION  AT  ADJUDICATION  OR  WHILE  THE  JUDGMENT
 REMAINS UNPAID, INCLUDING WHEN A CASE IS DELINQUENT OR HAS BEEN REFERRED
 TO A COMPREHENSIVE COLLECTION PROGRAM.
   (II)  THE  LOCAL  LEGISLATIVE  BODY  MAY  ALLOW THE PERSON TO COMPLETE
 COMMUNITY SERVICE IN LIEU OF PAYING THE TOTAL FINE, MAY WAIVE OR  REDUCE
 THE FINE, OR MAY OFFER AN ALTERNATIVE DISPOSITION.
   G.  (I)  A  PERSON  WHO  IS  CURRENTLY  SERVING,  OR  WHO COMPLETED, A
 SENTENCE, OR WHO IS SUBJECT TO A FINE, FOR A CONVICTION OF A MISDEMEANOR
 OR INFRACTION FOR STREET VENDING, WHETHER BY TRIAL OR BY OPEN OR NEGOTI-
 ATED PLEA, WHO WOULD NOT HAVE BEEN GUILTY OF  SUCH  OFFENSE  UNDER  THIS

 A. 9782                             5
 
 SECTION  HAD THIS SECTION BEEN IN EFFECT AT THE TIME OF THE OFFENSE, MAY
 PETITION FOR DISMISSAL OF THE SENTENCE, FINE, OR CONVICTION  BEFORE  THE
 TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN HIS OR HER CASE.
   (II)  UPON  RECEIVING  A PETITION UNDER SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, THE COURT SHALL PRESUME THE PETITIONER SATISFIES THE CRITERIA  IN
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH UNLESS THE PARTY OPPOSING THE PETI-
 TION PROVES BY CLEAR AND CONVINCING EVIDENCE THAT  THE  PETITIONER  DOES
 NOT  SATISFY  THE  CRITERIA. IF THE PETITIONER SATISFIES THE CRITERIA IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT SHALL GRANT  THE  PETITION
 TO DISMISS THE SENTENCE OR FINE, IF APPLICABLE, AND DISMISS AND SEAL THE
 CONVICTION,  BECAUSE  THE  SENTENCE,  FINE,  AND  CONVICTION ARE LEGALLY
 INVALID.
   (III) UNLESS REQUESTED BY THE PETITIONER, NO HEARING IS  NECESSARY  TO
 GRANT OR DENY A PETITION FILED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (IV)  IF  THE COURT THAT ORIGINALLY SENTENCED OR IMPOSED A FINE ON THE
 PETITIONER IS NOT AVAILABLE, THE PRESIDING JUDGE SHALL DESIGNATE ANOTHER
 JUDGE TO RULE ON THE PETITION.
   (V) NOTHING IN THIS PARAGRAPH IS INTENDED TO DIMINISH OR ABROGATE  ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER.
   (VI)  NOTHING  IN  THIS PARAGRAPH OR RELATED PROVISIONS IS INTENDED TO
 DIMINISH OR ABROGATE THE FINALITY OF JUDGMENTS IN ANY CASE  NOT  FALLING
 WITHIN THE PURVIEW OF THIS SECTION.
   § 2. This act shall take effect immediately.