ECB's Food Vendor Administrative Code and General Vendor Penalty Schedules

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Friday, September 6, 2013
Download Copy of Adopted Rule (.pdf): 

 

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.