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Adopted Rules: Closed to Comments

Adopted Rules Content: 

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.
Effective Date: 
Sat, 06/25/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

Section 6-130[1] of the Administrative Code of the City of New York (the Prevailing Wage Law), added by Local Law 27 of 2012, requires certain developers receiving City financial assistance and certain lessors leasing commercial office space or commercial office facilities to the City to pay their building service employees the prevailing wage.

These rules clarify provisions in the Prevailing Wage Law, establish requirements to implement the law and meet its goals, and provide guidance to employers and employees.  Specifically, these rules:

  • Establish that covered employers must require all building service contractors to pay the prevailing wage to their building service employees;
  • Set forth the distribution and posting requirements for employee notices required by the Prevailing Wage Law;
  • Set forth the recordkeeping requirements under the Prevailing Wage Law;
  • Clarify the Prevailing Wage Law’s definition of “covered developer” and “building service work;”
  • Outline the Department’s enforcement steps, including how a covered employer may cure a violation of the Prevailing Wage Law, how the Department will commence a case, and how the Department may settle a complaint;
  • Clarify that the Office of Administrative Trials and Hearings (OATH) will issue a decision on the record in all cases;
  • Provide guidance on how an OATH administrative law judge may calculate back wages for a building service employee;
  • Clarify that if one or more building service employees start or have a civil action pending , it does not preclude the Department from commencing, prosecuting, or settling a case based on some or all of the same violations; and
  • Clarify what other appropriate relief may be imposed for a violation of  the Prevailing Wage Law, in addition to the penalties set forth in the law.

The authority for the Department of Consumer Affairs to issue these rules is found in section 6-130(d)(1) of Chapter 1 of Title 6 of the Administrative Code of the City of New York.


[1]

  There are two Sections 6-130 in the Administrative Code of the City of New York.

Effective Date: 
Thu, 06/23/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Saturday, August 13, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

 

In January 2016, the City Council passed Local Law 11 of 2016, which requires successor employers in the grocery industry to retain eligible employees for a transitional employment period. The City Council determined that protecting grocery workers would have a positive effect on the local economy, the grocery industry, and the financial security of grocery store employees’ families, and result in a more prosperous city.

 

These proposed rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered grocery establishments and protected employees. Specifically, these rules:

 

 

  • Define “confidential employee;”
  • Describe the means by which an incumbent grocery employer may comply with the requirement to post employee notices;
  • Provide a method for determining the seniority of eligible grocery employees;
  • Clarify the record keeping requirements regarding grocery employer maintenance and provision of records, and the consequences for failing to maintain, retain, or produce such records;
  • Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
  • Describe the circumstances in which a grocery employer must give the Department access to records, and define “appropriate notice” of the need for such access by the Department;
  • Require the Department, prior to settling any complaint, to give complainants notice of the proposed settlement; and
  • Describe the method by which a complainant may opt out of a Department settlement and describe the method by which a complainant may withdraw their complaint with the Department.
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Location: 
New York City Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, Deputy Director of City Legislative Affairs, New York City Department of Consumer Affairs
212-436-0095
cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 20, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The City Council enacted Local Law 62 for the Year 2015, adding Subchapter 33 to Title 20 of the New York City Administrative Code to require car washes in New York City to be licensed and regulated by the Department.  Local Law 62 also amends Chapter 5 of Title 24 of the Code to add standards for car washes with regard to water and waste disposal. 

These proposed rules establish requirements to implement the Law.  Specifically, these rules:

  • Add a new subchapter HH to Chapter 2 of Title 6 of the Rules of the City of New York to implement the requirements for the Department’s licensing and regulation of car washes.
  • Amend section 1-02 of Chapter 1 of Title 6 to set October 31 of odd-numbered years as the expiration date for the biannual car wash licenses.
  • Describe insurance requirements for applicants and licensees.
  • Describe surety bond requirements for applicants and licensees.
  • Establish record keeping requirements for complaints relating to damage of vehicles.

Section 2203(f) of the City Charter and Sections 20-104(b), 20-108 and 20-546  of the New York City Administrative Code authorize the Commissioner of the Department of Consumer Affairs to make this proposed rule.  This proposed rule was not included in regulatory agenda of the Department of Consumer Affairs for this Fiscal Year because it was not contemplated when the Department published the agenda.

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Location: 
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, Deputy Director of City Legislative Affairs, New York City Department of Consumer Affairs
212-436-0095
cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 18, 2016
Proposed Rules Content: 

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.

 

Keywords:
Subject: 

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Location: 
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, cadams@dca.nyc.gov or 212-436-0095

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Department of Consumer Affairs

 

Notice of Adoption of Rule

 

Notice of Adoption of an Amendment to Chapter 5 of Title 6 of the Rules of City of New York by adding a new Subchapter P regarding pregnancy services centers. 

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs (the “Department”) by Section 2203 of the New York City Charter and Section 20-816(f)(1) of Chapter 5, Supchapter 17, 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, of the adoption by the Department of Sections 5-266, 5-267, 5-268, 5-269, 5-270, and 5-271 of Title 6 of the Rules of the City of New York, Chapter 5, Subchapter P, to implement and carry out the provisions of Local Law 17 of 2011 regarding the disclosure that pregnancy service centers must make.

 

This rule was proposed and published on December 10, 2015.  The required public hearing was held on January 11, 2016.  The rule will be effective on May 27, 2016.

 

 

Statement of Basis and Purpose of Rule

 

Section 20-816(b) of the Administrative Code, enacted as part of section 2 of Local Law 17 of 2011, provides that a pregnancy services center “shall disclose if it does or does not have a licensed medical provider on staff who provides or directly supervises the provision of all of the services at such pregnancy services center.”  Section 20-815(g) defines a pregnancy services center as “a facility, including a mobile facility, the primary purpose of which is to provide services to women who are or may be pregnant, that either: (1) offers obstetric ultrasounds, obstetric sonograms or prenatal care; or (2) has the appearance of a licensed medical facility.”  Section 20-815(g) excludes from this definition “a facility that is licensed by the state of New York or the United States government to provide medical or pharmaceutical services or where a licensed medical provider is present to directly provide or directly supervise the provision of all services described in this subdivision that are provided at the facility.” 

 

Section 20-816(f) of the Administrative Code requires that the disclosure must be made “(1) in writing, in English and Spanish in a size and style as determined in accordance with rules promulgated by the commissioner on (i) at least one sign conspicuously posted in the entrance of the pregnancy services center; (ii) at least one additional sign posted in any area where clients wait to receive services; and (iii) in any advertisement promoting the services of such pregnancy services center in clear and prominent letter type and in a size and style to be determined in accordance with rules promulgated by the commissioner”.  Section 20-816(f) additionally requires that the disclosure must be made orally.

 

The rules:

 

  • Clarify the meanings of the following terms: “services”, “directly provide”, “directly supervise”, “social media site”, and “social network site”.

 

  • Clarify which facilities are excluded from the definition of “pregnancy services center”.

 

  • Specify the language of the disclosure, and set forth the size, color and location of the signs required to be posted at the pregnancy services center and in advertisements promoting the services of the pregnancy services center. 

 

  • Specify the language of the disclosure that must be made orally.

 

  • Clarify that a facility’s distribution of a pregnancy test kit shall not, by itself, be sufficient to establish that it has the “appearance of a licensed medical facility,” provided that the test is self- administered, self-diagnosed, and self-interpreted.

 

 

New material is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Rule Amendment

 

Section 1. Chapter 5 of Title 6 of the Rules of the City of New York is amended by adding a new subchapter P to read as follows:

 

SUBCHAPTER P

 

PREGNANCY SERVICES CENTERS

 

§ 5-266. Definitions.  

As used in this chapter, the following terms have the following meanings:

 Directly provide. The term “directly provide” means that the licensed medical provider provides the service.  

Directly supervise. The term “directly supervise” means that the licensed medical provider is on site and directly overseeing the provision of the service from beginning to end.

Services. The term “services” means abortion, emergency contraception, obstetric ultrasounds, obstetric sonograms, prenatal care, pregnancy testing, pregnancy diagnosis, and other medical and/or pharmaceutical services.

Social media site or social network site. The term “social media site” or “social network site” means a form of electronic communication, such as a website for social networking or microblogging, which allows users to interact or through which users create online communities to share information, ideas, personal messages, and other content, and includes, but is not limited to, Facebook, Twitter, YouTube, Flickr, LinkedIn, Tumblr and Myspace.  

 

§ 5-267. Exemption.

A pregnancy services center shall not include a facility:

(a)  that is licensed by the state of New York or the United States government to provide medical or pharmaceutical services; or

(b)  where a licensed medical provider is present to directly provide or directly supervise the provision of all services defined in Section 5-266 of this Subchapter that are provided at the facility.

 

§ 5-268. Display of Sign for Required Disclosure. 

(a)  Every pregnancy services center must display at its facility, including a mobile facility, a sign provided by the Department stating in English and Spanish: “This facility does not have a licensed medical provider on site to provide or supervise all services.”  The Department will provide both signs on its website for downloading by pregnancy services centers.  The sign will measure eleven (11) inches by seventeen (17) inches and the lettering will be one inch high. 

(b)  Every pregnancy services center must post the sign at every public entrance.  If the pregnancy services center is located in an office building or other structure containing two or more independent units, the sign must be posted at each entrance used exclusively for entry to the pregnancy services center.  The sign must be: (1) posted on the outside of the entrance door and so that the distance from the top of the sign to the floor is between sixty-six (66) and seventy (70) inches and the distance between the frame of the door and the closest edge of the sign is not more than twelve (12) inches; (2) clearly and conspicuously visible to the client as she or he enters the pregnancy services center; and (3) laminated or protected by a clear sheeting or other suitable material so that the text will not be destroyed, soiled, distorted, or rendered illegible.      

(c)  Every pregnancy services center must post at least one sign in every area where clients wait to receive services.  If the waiting area contains a reception desk, the sign must be posted on the reception desk or on a wall at a location not greater than 12 inches from the reception desk.  If the sign is posted on a wall, it must be posted so that the distance from the top of the sign to the floor is between sixty-six (66) and seventy (70) inches.

 

§ 5-269. Disclosures in Advertising. 

(a) “Advertisement  promoting the services of a pregnancy services center” includes all promotional materials, statements, visual descriptions, or other visual representations of any kind disseminated in print or electronically, including, but not limited to, mailings, postcards, signs, business cards, flyers, hand-outs, brochures, banners, billboards, subway or bus signs, window signs, store-front signs, newspaper print advertisements and listings, telephone directory listings, television advertisements, internet advertisements, social media or social network sites and radio advertisements.  “Advertisement promoting the services of a pregnancy services center” does not include communications or statements made by a center in the course of its operations that do not promote the center’s services to clients or the general public, and that are directed exclusively to the center’s non-client directors, employees, past financial donors, and interns.  

(b)  Every advertisement promoting the services of a pregnancy services center must include in English and Spanish the statement: “This facility does not have a licensed medical provider on site to provide or supervise all services.” The lettering of such statements in printed materials must be clear, legible, and in the same color and darkness, and in a type size at least one-third as high and one-third as broad, as the largest print in the advertisement.  The lettering of such statement in television and internet advertisements must be clear and legible and in close proximity to the description of services provided at the pregnancy services center.  The lettering of such statement on business cards may be printed on the back of the cards.  

(c)  Every pregnancy services center must also post the statement provided in Subsection (b) of this Section on its website and social media or social network sites.  The lettering of such statement must be clear, legible, in the same color and darkness, and in a type size at least one-third as high and one-third as broad, as the largest print on the website or on the social media or social network site.  The statement must be posted on every page of the website and social media or social network site.  Where a page of the website or social media or social network site contains the description of services provided by such pregnancy services center, the statement must also be contained on that page, in close proximity to the services description.

 (d)  In addition to the disclosure requirements provided in subsection (c), the statement provided in subsection (b) must be included in the text of each post made on a social media or social network site.  In the event a social media or social network site, such as Twitter, limits the number of characters that may be used in a post, the statement may be attached as a photo image to each post rather than included in the text of each post.  Where the statement is included in a photo image, the lettering of such statement shall be consistent with the requirements described in subsection (c).  Where a post contains the description of services provided by such pregnancy services center, the statement must also be in close proximity to the services description.  Each post that does not comply with this requirement shall constitute a single violation, except that for the purpose of imposing a sealing order pursuant to section 20-818(b)(1) of the administrative code, each day of noncompliance shall be treated as a separate occasion.

 

§ 5-270. Oral Disclosure.

Upon a client or prospective client request for an abortion, emergency contraception and/or prenatal care service, a pregnancy services center shall orally disclose in English and Spanish the statement: “This facility does not have a licensed medical provider on site to provide or supervise all services.”

 

§ 5-271. Evidence.

(a)  It shall be prima facie evidence that a facility has the appearance of a licensed medical facility if it has two or more of the factors listed in subparagraphs (a) through (f) of Title 20, Subchapter 17, Section 20-815(g)(2) of the New York City Administrative Code.

(b)  A facility’s distribution of a pregnancy test kit shall not, by itself, be sufficient to establish that it has the “appearance of a licensed medical facility,” provided that the test is self-administered, self-diagnosed, and self-interpreted.  Notwithstanding, a facility’s distribution of a pregnancy test kit – even if the pregnancy test kit was exclusively self-administered, self-interpreted, and self-diagnosed – may be relied upon, in combination with another legally permissible factor, to establish the “appearance of a licensed medical facility.”

 

  

Effective Date: 
Fri, 05/27/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

Local Law 44 of 2015 amended Section 20-271 of Title 20 of the New York City Administrative Code to require secondhand dealers in automobiles operating in New York City to display the total selling price for each automobile offered for sale and the price of specified add-on products and to disclose that the purchase of add-on products is optional.

 

Section 20-270 of the New York City Administrative Code requires dealers who sell both secondhand and new items to post a sign to that effect. Section 20-271, as amended by Local Law 44, requires such dealers to label secondhand articles to inform the public that the items are not new. Currently, the laws and rules applicable to secondhand dealers in automobiles do not specify the language that may be used in the total selling price signs, or the requirements for posting the signs. The rule would provide examples of language that may be used to describe automobiles, products and parts that are not new.  

 

 

 

New material is underlined.
[Deleted material is in brackets.]

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Rule

 

A new Section 2-105 is added to Subchapter K of Chapter 2 of Title 6 of the Rules of the City of New York to read as follows:

 

§2-105 Labeling of secondhand automobiles and posting of prices for secondhand automobiles

 

(a)    Labeling of Used Automobiles, Products and Parts.

 

(1)   All secondhand automobiles, products and parts sold by licensed secondhand automobile dealers that are not new shall be labeled as such.  Easily understood words such as “secondhand,” “used,” “not new,” “demo model,” “pre-owned,” “refurbished” and “recycled” may be used to indicate that an item is not new.

 

(b)   Total Selling Price Signs.

 

(1)    The total selling price sign required by section 20-271(b)(1) of the administrative code of the city of New York shall be prominently displayed on the dashboard or on the window of the secondhand automobile to which the sign applies, or posted within five feet of the point of display of the secondhand automobile to which the sign applies.  If the dashboard or window of the secondhand automobile is not visible to the consumer at eye-level or accessible to the consumer, the sign shall be prominently displayed at the point of display of such automobile.

 

(2)   The total selling price sign shall display the total selling price in lettering that is clear, legible, bold and at least one inch in height.  The sign must clearly indicate the automobile to which the total selling price applies.

 

(3)   The total selling price sign shall state, in lettering that is clear, legible and at least one-half as high and one-half as broad as the largest print on the sign, that taxes and fees for securing registration and certificate of title are not included in the total selling price.

 

(c)    Add-On Product Signs.

 

(1)   Secondhand automobile dealers shall list the total selling price of add-on products, as defined in section 20-271(b)(2) of the administrative code of the city of New York, very close to the product description.  If multiple add-on products are grouped together on the same sign, each add-on product must be listed separately, one item per line, with the price of the add-on product located to the right of the product description.  If add-on products are listed individually, the price of the add-on product must be very close to the product description.

 

(2)   Lettering for the description and the price of the add-on product must be clear, legible and the same size which must be at least one inch in height, unless the sign is posted on each individual vehicle, in which case the lettering must be at least half an inch in height. 

 

(3)   Secondhand automobile dealers may list the range of total selling prices for extended warranty products very close to the product description in lieu of a specific price. The range of prices must include the minimum and maximum price for the extended warranty, and must also include the factors that may cause the price to vary, such as the vehicle’s make, model, year and mileage.

 

(4)   All signs required by section 20-271(b)(2) of the administrative code of the city of New York shall include the following language in lettering that is clear, legible, bold and capitalized, and at least one-half as high and one-half as broad as the largest print on the sign, but no less than one-quarter inch in height: “YOU ARE NOT REQUIRED TO BUY ANY ADD-ON PRODUCTS IN ORDER TO PURCHASE A CAR AT THE ADVERTISED PRICE.”

 

(d)   The requirements of subdivisions (b) and (c) of this section shall apply to secondhand automobiles dealers that are licensed or required to be licensed.

 

Effective Date: 
Fri, 04/22/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 21, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Subdivision a of section 20-268 of Title 20 of the New York City Administrative Code makes it “unlawful for any dealer in second-hand articles to carry on his or her business at any place other than the one designated in such license,” including business that is conducted in public spaces.  Additionally, the Department has found that second-hand automobiles are frequently parked, stored or displayed in public spaces, such as sidewalks and streets, which interferes with pedestrian use and creates blockage, congestion and potential safety hazards. 

The proposed rule is necessary to clarify that second-hand automobile dealers cannot park, store or display second-hand automobiles on public spaces and to ensure that second-hand automobile dealers park their vehicles in a manner that is safe and does not interfere with the flow of pedestrian traffic. 

New material is underlined.
[Deleted material is in brackets.]

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

.STORAGE OF VEHICLES BY SECOND-HAND AUTOMOBILE DEALERS IN PUBLIC SPACE RULE

Location: 
DCA Hearing Room
66 John St. 11th Floor
New York, NY 10038
Contact: 

Casey Adams, 212-436-0095

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

Section 20-464(d) of Subchapter 27 of Chapter 2 of Title 20 of the New York City Administrative Code prohibits a general vendor from selling, lending, leasing or transferring his or her general vendor license or interest in the license unless authorized by the Commissioner of the Department of Consumer Affairs. Currently, the laws and rules applicable to general vendors do not specify the circumstances under which the Commissioner may authorize the transfer of a vending license. Section 35-a of Article 4 of Chapter 20 of the New York State General Business Law requires the transfer of a specialized vending license held by a disabled veteran to the spouse, children or guardian of surviving minor children of the vendor in certain circumstances upon the death or disability of the licensee. The new rule, to be codified under a new section 2-317 of subchapter AA of chapter 2 of title 6 of the Rules of the City of New York, provides that the transfer of general vending licenses is subject to the same set of standards as the transfer of specialized vending licenses, which currently apply only to disabled veterans. 

New material is underlined.
[Deleted material is in brackets.]

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.

Effective Date: 
Tue, 04/05/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 6, 2016
Proposed Rules Content: 

 

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.

Subject: 

General Vendor Helper Rule

Location: 
DCA Hearing Room
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Steven Ettannani, New York City Department of Consumer Affairs, 42 Broadway, New York, NY 10004

Download Copy of Proposed Rule (.pdf): 

Pages