S. 1175--B 2
vendors operating without licenses or permits outside the regulatory
system. Street vendors should receive the basic opportunities to open
small businesses to further stimulate the City's economy as well as
provide economic viability and mobility for entrepreneurship.
Furthermore, the legislature finds and declares that the New York City
Police Department should be prohibited from enforcing all street vendor
laws and regulations. Street vendors deserve the same respect and expec-
tations as other small businesses and should be regulated solely by
civilian agencies without fear of criminal justice consequences.
§ 2. 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 GOODS AND SERVICES 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 WITH
A POPULATION OF ONE MILLION OR MORE.
2. A. A LOCAL LEGISLATIVE BODY IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE 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.
(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.
S. 1175--B 3
(IV) 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.
(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;
(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,
S. 1175--B 4
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 COMMISSIONER OF A CIVILIAN DEPARTMENT THAT IS TASKED WITH
PROTECTING AND ENHANCING THE DAILY LIVES OF NEW YORKERS TO CREATE THRIV-
ING COMMUNITIES BY OVERSEEING AND ENFORCING KEY CONSUMER PROTECTION,
LICENSING, AND WORKPLACE LAWS IN BUSINESSES ACROSS DOZENS OF INDUSTRIES.
THE HEALTH COMMISSIONER MAY DESIGNATE THE DIRECTOR OF ENVIRONMENTAL
HEALTH OF SUCH DISTRICT AS AN ADDITIONAL PERSON 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
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.
S. 1175--B 5
(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
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.
§ 3. Subparagraph (vi) of paragraph (k) of subdivision 3 of section
160.50 of the criminal procedure law is renumbered subparagraph (vii)
and a new subparagraph (vi) is added to read as follows:
(VI) THE CONVICTION WAS FOR AN OFFENSE DEFINED IN SUBCHAPTER TWO OF
CHAPTER THREE OF TITLE SEVENTEEN OR SUBCHAPTER TWENTY-SEVEN OF CHAPTER
TWO OF TITLE TWENTY OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
OR
S. 1175--B 6
§ 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by chapter 92 of the laws of 2021, is amended
to read as follows:
(k) The judgment occurred prior to the effective date of the laws of
two thousand [twenty-one] TWENTY-TWO that amended this paragraph and is
a conviction for an offense as defined in subparagraphs (i), (ii), (iii)
[or], (iv) AND (VI) of paragraph (k) of subdivision three of section
160.50 of this part, in which case the court shall presume that a
conviction by plea for the aforementioned offenses was not knowing,
voluntary and intelligent if it has severe or ongoing consequences,
including but not limited to potential or actual immigration conse-
quences, and shall presume that a conviction by verdict for the afore-
mentioned offenses constitutes cruel and unusual punishment under
section five of article one of the state constitution, based on those
consequences. The people may rebut these presumptions.
§ 5. Section 436 of the New York city charter, as amended by local law
number 102 of the city of New York for the year 1977, is amended to read
as follows:
§ 436. Powers over certain trades. The commissioner shall possess
powers of general supervision and inspection over all licensed or unli-
censed pawnbrokers, [vendors,] junkshop keepers, junk boatmen, [cart-
men,] dealers in second-hand merchandise and auctioneers within the
city; and in connection with the performance of any police duties he
shall have power to examine such persons, their clerks and employees and
their books, business premises, and any articles of merchandise in their
possession. A refusal or neglect to comply in any respect with the
provisions of this section on the part of any pawnbroker, [vendor,]
junkshop keeper, junk boatman, [cartman,] dealer in second-hand merchan-
dise or auctioneer, or any clerk or employee of any thereof shall be
triable by a judge of the criminal court and punishable by not more than
thirty days' imprisonment, or by a fine of not more than fifty dollars,
or both.
§ 6. Subdivision a of section 17-311 of the administrative code of the
city of New York, as amended by local law number 108 of the city of New
York for the year 2017, is amended to read as follows:
a. Each food vendor shall carry his or her license upon his or her
person and it shall be exhibited upon demand to any [police officer,]
public health sanitarian or other authorized officer or employee of the
city OTHER THAN A POLICE OFFICER.
§ 7. Sections 17-313 and 17-322 of the administrative code of the city
of New York are REPEALED.
§ 8. Subdivision b of section 17-314 of the administrative code of the
city of New York, as amended by local law number 15 of the city of New
York for the year 1995, is amended to read as follows:
b. Provide to the commissioner or any other authorized officer or
employee of the city, OTHER THAN A POLICE OFFICER, the addresses and
names of the owners of such service rooms, commissaries or distributors
from whom such licensee receives his or her food and also the address at
which such vendor stores his or her food and vehicle or pushcart;
§ 9. Subdivision j of section 17-315 of the administrative code of the
city of New York is amended to read as follows:
j. Where exigent circumstances exist and [a police officer or other]
AN authorized officer or employee of the city, OTHER THAN A POLICE OFFI-
CER, gives notice to a food vendor to temporarily move from a location
such vendor shall not vend from such location. For the purpose of this
subdivision, exigent circumstances shall include but not be limited to,
S. 1175--B 7
unusually heavy pedestrian or vehicular traffic, existence of any
obstructions in the public space at or near such location, an accident,
fire or other emergency situation at or near such location, or a parade,
demonstration, or other such event or occurrence at or near such
location.
§ 10. Section 17-321 of the administrative code of the city of New
York, subdivision c as amended by local law number 9 of the city of New
York for the year 2008, subdivision d as amended by chapter 11 of the
laws of 2004, subdivision e as amended by local law number 18 of the
city of New York for the year 2021, is amended to read as follows:
§ 17-321 Enforcement. a. Public health sanitarians or other authorized
officers or employees of the department [and], OTHER THAN police offi-
cers, shall have the power to enforce all laws, rules and regulations
relating to food vendors. This provision shall in no way restrict any
other power granted by law to any officer or employee of the city, OTHER
THAN A POLICE OFFICER.
b. If a food vendor does not move his or her vehicle or pushcart when
directed to do so by [a police officer or other] AN authorized officer
or employee of the city, OTHER THAN A POLICE OFFICER, in compliance with
the provisions of subdivision k of section 17-315 of this subchapter,
such officer or employee may provide for the removal of such 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 may be charged with reasonable costs for such
removal and storage, payable prior to the release of such vehicle or
pushcart.
c. An officer or employee, OTHER THAN A POLICE OFFICER, designated in
subdivision a of this section may seize any vehicle or pushcart which
(i) does not have a permit or (ii) is being used to vend on property
owned by the city and under the jurisdiction of a city agency including,
but not limited to, the department of parks and recreation or the
department of small business services, without the written authorization
of the commissioner of such department, or (iii) is being used by an
unlicensed vendor, or (iv) is being used to vend in the area including
and bounded on the east by the easterly side of Broadway, on the south
by the southerly side of Liberty Street, on the west by the westerly
side of West Street and on the north by the northerly side of Vesey
Street, or (v) is selling food not authorized by the permit, and may
seize any food sold or offered for sale from such vehicle or pushcart.
Such vehicle, pushcart or food shall be subject to forfeiture as
provided in [section 17-322 of] this subchapter. If a forfeiture
proceeding is not commenced, the vendor may be charged with the reason-
able costs for removal and storage payable prior to the release of such
food, vehicle or pushcart unless the charge of vending without a permit
or vending without a license or vending without the authorization of
such commissioner is dismissed.
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, or if a food vendor operates
a food vending business in the area including and bounded on the east by
the easterly side of Broadway, on the south by the southerly side of
Liberty Street, on the west by the westerly side of West Street and on
the north by the northerly side of Vesey Street, any authorized officer
or employee of the city [or member of the New York city police depart-
ment], OTHER THAN A POLICE OFFICER, is authorized to provide for the
S. 1175--B 8
removal of such 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.
e. Any notice of violation issued to a food vendor by an officer or
employee described in subdivision a of this section, OTHER THAN A POLICE
OFFICER, that is returnable to a tribunal established within the office
of administrative trials and hearings or within any agency of the city
of New York designated to conduct such proceedings, or to any court of
competent jurisdiction, shall state the permit number of the vehicle or
pushcart associated with such notice of violation. Any penalty duly
imposed by such tribunal, and any fine or penalty imposed by such court,
shall be considered to have been issued against the permittee associated
with such permit number for the purposes of the non-issuance or renewal
of a food vendor permit pursuant to subdivision b of section 17-317 OF
THIS SUBCHAPTER.
§ 11. Subdivision a and paragraph 1 of subdivision c of section 17-325
of the administrative code of the city of New York, paragraph 1 of
subdivision c as amended by local law 80 of the city of New York for the
year 2021, are amended to read as follows:
a. Any person who violates the provisions of subdivision a, b, or c of
section 17-307 of this subchapter shall be [guilty of a misdemeanor,]
LIABLE ONLY FOR A CIVIL VIOLATION punishable by a fine of not [less than
one hundred fifty dollars nor] more than [one thousand dollars,] two
hundred fifty dollars [or by imprisonment for not more than three months
or by such fine and imprisonment].
1. In addition to the penalties prescribed by subdivision a of this
section, any person who violates, or any person aiding another to
violate, the provisions of subdivision a, b, or c of section 17-307 of
this subchapter shall be liable for ONLY a civil penalty of not [less
than one hundred fifty dollars nor] more [than one thousand dollars
together with a penalty of one hundred dollars per day for every day
during which the unlicensed business operated] THAN TWO HUNDRED FIFTY
DOLLARS.
§ 12. Section 17-325.1 of the administrative code of the city of New
York, as added by local law number 19 of the city of New York for the
year 1994, is amended to read as follows:
§ 17-325.1 Failure to display and produce license or permit; presump-
tive evidence of unlicensed or unpermitted activity. a. In any civil [or
criminal] action or proceeding, failure by a food vendor who is required
to be licensed pursuant to the provisions of this chapter to display and
exhibit upon demand a food vendor's license in accordance with the
provisions of this chapter to any [police officer,] public health sani-
tarian or other authorized officer or employee of the department or
other city agency, OTHER THAN A POLICE OFFICER, shall be presumptive
evidence that such food vendor is not duly licensed.
b. In any civil [or criminal] action or proceeding, the failure of any
vehicle or pushcart which is required to be permitted pursuant to the
provisions of this chapter to have a permit plate affixed thereto in
accordance with the provisions of this chapter shall be presumptive
evidence that such vehicle or pushcart is not duly permitted.
§ 13. Subdivision a of section 20-461 of the administrative code of
the city of New York is amended to read as follows:
a. Each general vendor shall carry his or her license on his or her
person and it shall be exhibited upon demand to any [police officer,]
S. 1175--B 9
authorized officer or employee of the department or other city agency,
OTHER THAN A POLICE OFFICER.
§ 14. Sections 20-463 and 20-474 of the administrative code of the
city of New York are REPEALED.
§ 15. Subdivisions a and b of section 20-464 of the administrative
code of the city of New York, subdivision b as amended by local law 112
of the city of New York for the year 1989, are amended to read as
follows:
a. Permit regular inspections by the department or any authorized city
agency, OTHER THAN THE POLICE DEPARTMENT, of any goods, vehicle, push-
cart or stand used in the operation of the vending business, and of any
premises used by him or her for the storage or preparation of goods
intended to be vended in such business;
b. Provide to the commissioner, or other authorized officer or employ-
ee of a city agency, OTHER THAN A POLICE OFFICER, requesting such infor-
mation, on a semi-annual basis, or more often if required by regulation
promulgated by the Commissioner, the address and name of the owners or
the manufacturers, suppliers or distributors from whom the licensee
receives his or her goods and also the address at which the licensee
stores his or her goods or any vehicle, pushcart or stand used in the
operation of the vending business;
§ 16. Subdivision k of section 20-465 of the administrative code of
the city of New York is amended to read as follows:
k. Where exigent circumstances exist and [a police officer or other]
AN authorized officer or employee of any city agency, OTHER THAN A
POLICE OFFICER, gives notice to a general vendor to temporarily move
from any location such general vendor shall not vend from such location.
For the purposes of this subdivision, exigent circumstances shall
include, but not be limited to, unusually heavy pedestrian or vehicular
traffic, existence of any obstructions in the public space, an accident,
fire or other emergency situation, a parade, demonstration or other such
event or occurrence at or near such location.
§ 17. Subdivisions a and b of section 20-468 of the administrative
code of the city of New York are amended to read as follows:
a. Authorized officers, OTHER THAN POLICE OFFICERS, and employees of
the department [and members of the police department] shall have the
power to enforce all laws, rules and regulations relating to general
vendors. This provision shall in no way restrict any other power grant-
ed by law to an officer or employee of any city agency, OTHER THAN
POLICE OFFICERS.
b. If a general vendor does not move his or her goods, vehicle, push-
cart or stand when directed to do so by [a police officer or other] AN
authorized officer or employee of the city, OTHER THAN A POLICE OFFICER,
in compliance with the provisions of subdivision k of section 20-465
such officer or employee is authorized to provide for the removal of
such goods, vehicle, pushcart or stand to any garage, automobile pound
or other place of safety, and the owner or other person lawfully enti-
tled 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.
§ 18. Subdivisions c, d, e, and f of subdivision 20-468 of the admin-
istrative code of the city of New York are REPEALED.
§ 19. Section 20-472 of the administrative code of the city of New
York, subdivision a as amended by local law number 63 of the city of New
York for the year 1990, subdivision b as amended by local law number 38
of the city of New York for the year 2013, subdivision c as amended by
S. 1175--B 10
local law number 80 of the city of New York for the year 2021, and
subdivision e as amended by local law number 14 of the city of New York
for the year 1995, is amended to read as follows:
§ 20-472 Penalties. a. Any person who violates the provisions of
sections 20-453 and 20-474.1 of this subchapter shall be [guilty of a
misdemeanor] LIABLE FOR ONLY A CIVIL VIOLATION punishable by a fine of
not [less] MORE than two hundred fifty dollars [nor more than one thou-
sand dollars, or by imprisonment for not more than three months or by
both such fine and imprisonment. In addition, any police officer may
seize any vehicle used to transport goods to a general vendor, along
with the goods contained therein, where the driver is required to but
cannot produce evidence of a distributor's license. Any vehicle and
goods so seized may be subject to forfeiture upon notice and judicial
determination. If a forfeiture proceeding is not commenced, the owner or
other person lawfully entitled to possession of such vehicle and goods
may be charged with the reasonable cost for removal and storage payable
prior to the release of such vehicle and goods, unless the charge of
unlicensed distributing has been dismissed].
b. Except as provided in subdivision a of this section, a person who
violates any provision of this subchapter or any of the rules or regu-
lations promulgated hereunder shall be guilty of an offense punishable
by the court as follows:
1. For the first violation, a fine of not less than twenty-five nor
more than fifty dollars.
2. For the second violation issued for the same offense within a peri-
od of two years of the date of a first violation, a fine of not less
than fifty dollars nor more than one hundred dollars.
3. For a third violation issued for the same offense within a period
of two years of the date of a first violation, a fine of not less than
one hundred dollars nor more than two hundred [and] fifty dollars.
4. For any subsequent violations issued for the same offense within a
period of two years of the date of a first violation, a penalty of not
more than five hundred dollars.
c. 1. [In addition to the penalties prescribed by subdivision a of
this section, any person who violates, or any person aiding another to
violate, the provisions of section 20-453 of this subchapter shall be
liable for a civil penalty of two hundred fifty dollars together with a
penalty of two hundred fifty dollars per day for every day during which
the unlicensed business operated; except that a person who violates, or
any person aiding another to violate, the provisions of section 20-453
of this subchapter by engaging in continued unlicensed activity as
defined by the commissioner, considering factors including but not
limited to the frequency and duration of such unlicensed activity, shall
be liable for a civil penalty of one thousand dollars together with a
penalty of two hundred fifty dollars per day for every day during which
the unlicensed business operated.
2.] In addition to the penalties prescribed by subdivision b of this
section, any person who violates any of the provisions of this subchap-
ter, other than section 20-453, or any of the rules and regulations
promulgated hereunder shall be liable for a civil penalty as follows:
(a) For the first violation, a penalty of twenty-five dollars.
(b) For the second violation issued for the same offense within a
period of two years of the date of a first violation, a penalty of fifty
dollars.
S. 1175--B 11
(c) For the third violation issued for the same offense within a peri-
od of two years of the date of a first violation, a penalty of NOT LESS
THAN one hundred dollars NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
(d) For any subsequent violations issued for the same offense within a
period of two years of the date of a first violation, a penalty of [two
hundred and fifty] NOT MORE THAN FIVE HUNDRED dollars.
[3.] 2. Notwithstanding any inconsistent provision of this subdivi-
sion, a person shall be subject to a civil penalty of zero dollars for a
first violation of subdivision b of section 20-461 of this subchapter or
any rule or regulation promulgated thereunder. The notice of violation
for such first violation shall inform the respondent of the provision of
law or rule that the department believes the respondent has violated,
describe the condition or activity that is the basis for the notice of
violation, and advise the respondent that the law authorizes civil
penalties for such violation and that subsequent violations may result
in the imposition of such civil penalties. Any person who violates
subdivision b of section 20-461 OF THIS SUBCHAPTER or any rule or regu-
lation promulgated thereunder shall be subject to a civil penalty of
twenty-five dollars for a second violation and a civil penalty of fifty
dollars for a third or subsequent violation.
d. A proceeding to recover any civil penalty authorized pursuant to
the provisions of subdivision c of this section shall be commenced by
the service of a notice of violation which shall be returnable to the
environmental control board. The board shall have the power to impose
the penalties prescribed by subdivision c of this section.
e. Any person who violates the provisions of sections 20-465 and
20-465.1 of this subchapter and any rules promulgated thereunder shall
be [guilty of a misdemeanor] LIABLE FOR ONLY A CIVIL VIOLATION punisha-
ble 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] TWO
HUNDRED FIFTY DOLLARS.
§ 20. Section 20-474.3 of the administrative code of the city of New
York, as added by local law number 19 of the city of New York for the
year 1994, is amended to read as follows:
§ 20-474.3 Failure to produce license; presumptive evidence of unli-
censed activity. a. In any civil [or criminal] action or proceeding,
failure by a general vendor who is required to be licensed pursuant to
the provisions of this subchapter to exhibit upon demand a general
vendor's license in accordance with the provisions of this subchapter to
any [police officer or] authorized officer or employee of the department
or other city agency, OTHER THAN A POLICE OFFICER, shall be presumptive
evidence that such general vendor is not duly licensed.
b. In any civil [or criminal] action or proceeding, failure by any
person who is required to obtain a distributor's license pursuant to the
provisions of this subchapter, or failure by the driver of such person,
to exhibit upon demand a distributor's license in accordance with the
provisions of this subchapter to any [police officer or] authorized
officer or employee of the department or other city agency, OTHER THAN A
POLICE OFFICER, shall be presumptive evidence that such person is not
duly licensed.
§ 21. This act shall take effect immediately.
