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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): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a Public Hearing on August 6, 2013 regarding amendments to its Food Vendor Administrative Code Penalty Schedule found in Section 3-107 of Subchapter G of Chapter 3 Title 48 of the Rules of the City of New York (“RCNY”) and its General Vendor Penalty Schedule found in Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the RCNY. A representative from the Department of Consumer Affairs attended the Public Hearing. Neither written comments nor oral testimony were presented at the August 6, 2013 Public Hearing concerning the Proposed Rule.

 

The rule amends the Food Vendor Penalty Schedule and the General Vendor Penalty Schedule to include recent changes in laws and rules.

 

Vending Prohibited Within 20 Feet of Residential Building Exits

 

On March 18, 2013, Local Law 18 of 2013 was enacted. This local law amended Administrative Code sections 17-315 (d) and 20-465(d) to prohibit vending within twenty (20) feet of exits of buildings that are exclusively residential at street level. This law also deleted paragraph (3) of section 20-465 (q), which made it illegal to vend with ten (10) feet from entrances or exits to buildings that are exclusively residential at the street level.

 

Vending Prohibited Next to No-Standing Zones at Hospitals and Health Facilities

 

On March 18, 2013, Local Law 19 of 2013 was enacted. This local law amended Administrative Code sections 17-315 (e) and 20-465 (e), making it illegal to vend next to no-standing zones at hospitals or other health facilities.

 

Changes to Multiple Offense Schedule

 

Third, on May 8, 2013 the City Council enacted Int. 434-A, which will become effective 120 days from that date. This local law, Local Law 38 of 2013, will become effective on September 5, 2013 and lowers the maximum penalty that can be charged for vending violations subject to a multiple offense schedule from $1,000 to $500. The law also narrows the scope of what is considered a subsequent violation to include only violations of the same section of law issued to the same respondent within two (2) years of the date of offense of the previous notice of violation.

 

 

Effective Date: 
Fri, 09/06/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The purpose of this proposed rule is to:

 

·         Clarify the Department’s original intent that individuals providing entertainment, such as musical performances, juggling, dance, or other performance arts in exchange for a fee or for a donation are considered vendors and that entertainment services and performances are considered expressive matter under the Department’s rules.

 

·         Indicate clearly that vendors of expressive matter, including entertainers, are exempt from permitting requirements of the Department applicable to vendors of goods or services so long as they comply with the Department’s Expressive Matter Vending Rules.

 

·         Address the recent decision in the Matter of New York Skyline, Inc., 94 A.D.3d 23 (1st Dep’t 2012), leave to appeal denied, 2012 N.Y. LEXIS 2019 (Aug. 30, 2012), which held that vendors of tickets to entertainments are exempt from permit requirements of the General Vendors Law, insofar as, without the proposed revisions, that decision could have been construed to similarly exempt entertainers from having to comply with the Department’s Expressive Matter Vending Rules.

 

 

Effective Date: 
Wed, 05/08/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 6, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

In accordance with the authority vested in the Environmental Control Board (ECB) by Sections 1049-a and 1043 of the New York City Charter, ECB is amending two (2) penalty schedules—the Food Vendor Administrative Code Penalty Schedule (“Food Vendor Penalty Schedule”) found in Section 3-107 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (“Food Vendor Penalty Schedule”) and the General Vendor Penalty Schedule found 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 amends the Food Vendor Penalty Schedule and the General Vendor Penalty Schedule to include recent changes in laws and rules.

 

Vending Prohibited Within 20 Feet of Residential Building Exits

 

First, on March 13, 2013, the City Council adopted and the Mayor signed into law Int. 727-A. This bill amended Administrative Code sections 17-315 (d) and 20-465(d) to prohibit vending within twenty (20) feet of exits of buildings that are exclusively residential at street level. The bill also deleted paragraph (3) of section 20-465 (q), which made it illegal to vend with ten (10) feet from entrances or exits to buildings that are exclusively residential at the street level.

 

Vending Prohibited Next to No-Standing Zones at Hospitals and Health Facilities

 

Second, on the same date, the Council adopted Int. 789-A. This law amends Administrative Code sections 17-315 (e) and 20-465 (e), making it illegal to vend next to no-standing zones at hospitals or other health facilities.

 

Changes to Multiple Offense Schedule

Third, on May 8, 2013 the City Council enacted Int. 434-A, effective 120 days from that date. The law lowers the maximum penalty that can be charged for vending violations subject to a multiple offense schedule from $1,000 to $500. The law also narrows the scope of what is considered a subsequent violation to include only violations of the same section of law issued to the same respondent within two (2) years of the date of offense of the previous notice of violation.

 

 

Subject: 

Opportunity to comment on Proposed Rule regarding penalties for offenses adjudicated by the Environmental Control Board (ECB).

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

James Macron
Counsel to the Board
ECB
66 John Street, 10th Floor
New York, N.Y. 10038 (212) 436-0594

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 2, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The purpose of this proposed rule is to:

 

·       Clarify the Department’s original intent that individuals providing entertainment, such as musical performances, juggling, dance, or other performance arts in exchange for a fee or for a donation are considered vendors and that entertainment services and performances are considered expressive matter under the Department’s rules.

 

·       Indicate clearly that vendors of expressive matter, including entertainers, are exempt from permitting requirements of the Department applicable to vendors of goods or services so long as they comply with the Department’s Expressive Matter Vending Rules.

 

·       Address the recent decision in the Matter of New York Skyline, Inc., 94 A.D.3d 23 (1st Dep’t 2012), leave to appeal denied, 2012 N.Y. LEXIS 2019 (Aug. 30, 2012), which held that vendors of tickets to entertainments are exempt from permit requirements of the General Vendors Law, insofar as, without the proposed revisions, that decision could have been construed to similarly exempt entertainers from having to comply with the Department’s Expressive Matter Vending Rules.

 

 

Subject: 

Opportunity to comment on proposed changes to Parks Department rules governing expressive matter vendors.

Location: 
Chelsea Recreation Center
430 West 25th Street
New York, NY 10010
Contact: 

General Counsel
Alessandro G. Olivieri
Department of Parks and Recreation
The Arsenal, Central Park,
830 Fifth Avenue
New York, NY 10065