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Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter. OATH ECB repeals its General Vendor Penalty Schedule rule in Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on July 6, 2018, and a public hearing was held on August 6, 2018. 

No one attended or testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

Statement of Basis and Purpose of Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its General Vendor Penalty Schedule rule.  This schedule is found in § 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of provisions in Subchapter 27 of Chapter 2 of Title 20 of the Administrative Code of the City of New York and Subchapter AA of Chapter 2 of Title 6 of the RCNY. At the same time, the Department of Consumer Affairs adopts a rule, adding a similar penalty schedule to Section 6-68 of Subchapter B of Chapter 6 of Title 6 of the RCNY.

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking jurisdiction over the laws underlying the violations.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that could be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This rule repeal was identified as meeting the criteria for this initiative.

Section 1. Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, setting forth the General Vendor Penalty Schedule, is REPEALED.

Effective Date: 
Fri, 10/12/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 6, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing to repeal its General Vendor Penalty Schedule rule.  This schedule is currently found in § 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of Subchapter 27 of Chapter 2 of Title 20 the Administrative Code of the City of New York and Subchapter AA of Chapter 2 of Title 6 of the RCNY. At the same time, the Department of Consumer Affairs is also proposing to enact a General Vendor penalty schedule within its own rules.

The context for this proposed repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking jurisdiction over the laws underlying the violations.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that could be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as meeting the criteria for this initiative.

Section 1. Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, setting forth the General Vendor Penalty Schedule, is REPEALED.

Subject: 

.OATH ECB Proposed Repeal of the General Vendor Penalty Schedule

Location: 
10th Floor Conference Room
66 John Street 10th Floor
New York, NY 10038
Contact: 

OATH Rules, (212) 436-0708

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of 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 DCA.

The requirement to be licensed does not apply to honorably discharged veterans who, under Section 32 of the NYS General Business Law, are allowed to vend free from the interference of local government.  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 will develop and maintain 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 rule adds Section 2-319 to the rules applicable to DCA’s licensing of general vendors. 

 

The rule:

  • establishes a waiting list for general vendor licenses for individuals not exempt from the licensing requirement;
  • specifies 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;
  • specifies the system by which prospective applicants will be assigned ranks on the waiting list; and
  • specifies the procedures pursuant to which DCA will notify prospective applicants of their eligibility to submit general vendor applications.
Effective Date: 
Sun, 10/02/2016

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

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: 

.

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: 

 

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):