General Vendor Helper Rule
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
Section 20-453 of Chapter 2 of Title 20 of the New York City Administrative Code provides that it “shall be unlawful for any individual to act as a general vendor without having first obtained a license.” A number of individuals licensed as general vendors by the Department of Consumer Affairs have physical or mental disabilities that render them unable to operate their businesses without the assistance of a helper. Many of these licensees are veterans.
The proposed rule clarifies that Section 20-453’s license requirement will not apply to helpers used by licensed general vendors with disabilities that impair their ability to operate a general vending business as long as the licensee obtains authorization from the Department to use a helper and adheres to requirements with regard to the use of helpers.
The rule would:
· define the types of disabilities that would make general vendors eligible to use helpers;
· establish procedures for requesting authorization to use helpers;
· provide for a special designation on the general vendor’s license indicating that he or she is authorized to use helpers;
· provide for certain restrictions on the activities of helpers;
· require the general vendor to be present at all times;
· require the general vendor to maintain records regarding the use of his or her helpers;
· make the general vendor responsible for ensuring that helpers comply with all applicable laws and regulations; and
· establish procedures for the revocation of authorization in the event the general vendor or his or her helpers fail to comply with applicable law.