Proposed Rules regarding Stoop Line stands

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, June 12, 2020
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Statement of Basis and Purpose of Proposed Rule

A Stoop Line Stand license is required when an existing business sells fruits, vegetables, soft drinks, flowers, confectionery, or ice cream from a stand outside of and directly adjacent to its existing retail establishment. The Department of Consumer Affairs (“DCA” or “Department”) is proposing amendments to the rules governing stoop line stands. These amendments will make it easier to understand how a business can comply with the rules.

Specifically, the proposed rules:

·        

Clarify how stoop line stands must be constructed. The current language, which uses both “fence” and “partition,” has created confusion for businesses and at administrative hearings. The proposed rule would use only the term “partition.”  In addition, the proposed amendment would use language that is easier to understand and better reflects the construction of commonly used stands. 

·        

Clarify that stoop line stands may not contain partitions extending to the roof or awning above the stand and that all items must be displayed on a valid stand.  These changes will provide better notice to businesses about stoop line stand obligations. 

·        

Make explicit that a stoop line stand may not be used for preparation of any articles sold at the stand, including the packaging of fruit salad or the blending of smoothies or juices. 

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Require that a stoop line stand license be held by the same entity that appears on the certificate of authority for the adjacent store, as required by the Administrative Code. This proposed subdivision will allow the Department to ensure that stoop line stands are owned and operated by the adjacent store. 

·        

Change “sidewalk stands” to “stoop line stands” for uniformity with the Administrative Code. 

Sections 1043 and 2203(f) of the New York City Charter, and Sections 20-104(b) and 20-233 of the New York City Administrative Code authorize the Department of Consumer Affairs to make these proposed rules.

Public Hearing
Subject: 

.Proposed Rules regarding Stoop Line Stands

Public Hearing Date: 
Wednesday, May 13, 2020 - 10:00am
Contact: 

To participate in the public hearing via teleconference, please dial 1-855-282-6330, and use the access code 478 211 433 or follow the online link: https://dcanyc.webex.com/dcanyc/j.php?MTID=m749ddf7f12e83d020e9bc530465c...