General vendor helper rule

Adopted Rules: Closed to Comments

Effective Date: 
Saturday, June 25, 2016
Agency:
Keywords:

Department of Consumer Affairs

Notice of Adoption of Rule

Notice of Adoption of a new Rule regarding the use of helpers by general vendors with disabilities.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Section 2203 of the New York City Charter and Sections 20-104 and 20-471 of Title 20 of the Administrative Code of the City of New York, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department promulgates and adopts Section 2-318 of Title 6 of the Rules of the City of New York, Chapter 2, subchapter F, allowing general vendors with disabilities that impair their ability to operate a general vending business to use helpers as long as they obtain authorization from the Department.

The rule was proposed and published on March 7, 2016.  The required public hearing was held on April 6, 2016.

Statement of Basis and Purpose of 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 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:

  •  defines the types of disabilities that would make general vendors eligible to use helpers;
  •  establishes procedures for requesting authorization to use helpers;
  • provides for a special designation on the general vendor’s license indicating that he or she is authorized to use helpers;
  •  provides for certain restrictions on the activities of helpers;
  • requires the general vendor to be present at all times;
  •  requires the general vendor to maintain records regarding the use of his or her helpers;
  •  makes the general vendor responsible for ensuring that helpers comply with all applicable laws and regulations; and
  • establishes procedures for the revocation of authorization in the event the general vendor or his or her helpers fail to comply with applicable law.