General vendor waiting list
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
Section 20-104(a) of the New York City Administrative Code (“Admin. Code”) gives the Commissioner authority over all licenses issued under Chapter Two of Title 20 of the Admin. Code, including the general vendor licenses issued pursuant to New York City’s General Vendor Law (the “GVL”), as codified in Subchapter 27 of Chapter 2 of Title 20 of the Admin. Code. The GVL regulates the sale or offering for sale of non-food goods and services on New York City streets. With some exceptions, it is unlawful for an individual to sell or offer to sell goods or services on City streets without first obtaining a general vendor license from the New York City Department of Consumer Affairs (“DCA”).
The requirement to be licensed does not apply to honorably discharged veterans who, under State law, are allowed to vend free from the interference of local government. See NYS General Business Law § 32. The licensing requirement also does not apply to vendors who exclusively sell newspapers, periodicals, books, pamphlets and other similar written matter. In addition, the City has agreed not to enforce its licensing requirement against individuals who sell paintings, photographs, prints and/or sculptures.
Administrative Code § 20-459(a) limits the number of general vendor licenses that DCA may issue to 853. DCA proposes developing and maintaining a waiting list of prospective applicants over and above the 853 cap. The waiting list will be open to prospective applicants for 30 days, during which time DCA will accept as many prospective applicants as requests a position on the list. After 30 days, the list will close, and there will not be another opportunity for individuals to become prospective applicants until the Department determines that the waiting contains fewer than 300 names.
The proposed rule adds Section 2-319 to the rules applicable to DCA’s licensing of general vendors.
The proposed rule would:
establish a waiting list for general vendor licenses for individuals not exempt from the licensing requirement;
specify the procedure for DCA to notify individuals of the existence of the waiting list and the manner in which a position on the list may be requested;
specify the system by which prospective applicants will be assigned ranks on the waiting list; and
specify the procedures pursuant to which DCA will notify prospective applicants of their eligibility to submit general vendor applications.