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S00469 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           469
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to the licensing of newsstands

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The administrative code of the city of New York is  amended
     2  by adding a new section 20-229.1 to read as follows:
     3    §  20-229.1 Review and approval of applications to construct, maintain
     4  and operate newsstands. Each application for a license or renewal there-
     5  of to construct, maintain and operate a newsstand shall be reviewed  and
     6  approved in the following manner:
     7    a.  The application shall be in such form as prescribed by the depart-
     8  ment. An application shall be filed with the  department  which,  within
     9  five days of the filing of such application, shall forward copies there-
    10  of  to  the  speaker  of  the  council,  to  the council member in whose
    11  district the newsstand is proposed to be located and to the president of
    12  the borough in which the newsstand is to be located,  for  informational
    13  purposes, and to the community board for the community district in which
    14  the  newsstand  is  proposed  to be located, and such board shall review
    15  such application pursuant to subdivision b of this section.
    16    b. The community board shall, not later  than  forty-five  days  after
    17  receipt  of such application, either (i) notify the public of the appli-
    18  cation in a manner specified by the department, conduct a public hearing
    19  thereon and submit a written recommendation to the department and to the
    20  council, or (ii) waive by  written  statement  its  public  hearing  and
    21  recommendation  on  such  application,  and submit such statement to the
    22  department and the council. If the community board submits a recommenda-
    23  tion on an application after the forty-five day time period has expired,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00132-01-7

        S. 469                              2
 
     1  such recommendation may be  accepted  by  the  department  in  the  sole
     2  discretion of the commissioner.
     3    c. Within thirty days after the expiration of the forty-five day peri-
     4  od allowed for the filing of a recommendation or waiver by the community
     5  board  pursuant  to  subdivision b of this section, the department shall
     6  (i) hold a public hearing on the application, (ii) approve the  applica-
     7  tion or disapprove it, and (iii) file with the council any such decision
     8  to approve, together with the application, except that if the department
     9  waives its public hearing, such department shall file with the council a
    10  written  statement  of such waiver and any decision to approve, together
    11  with the application, within ten days after the expiration of the period
    12  allowed for the community board filing of  a  recommendation  or  waiver
    13  pursuant  to  subdivision  b of this section. If the department fails to
    14  file with the council any decision to approve, together with the  appli-
    15  cation,  as provided in the preceding sentence, the application shall be
    16  deemed to have been denied, unless the applicant submits  a  request  in
    17  writing  to the department for an additional period of time, which shall
    18  not exceed one hundred eighty days, to correct any deficiencies  in  the
    19  application.    Unless  the  department waives its public hearing, for a
    20  period of not less than fifteen calendar days prior to the date of  such
    21  public hearing, the applicant shall post notice of the public hearing in
    22  a place conspicuous to public view at the location of the proposed news-
    23  stand.    At  least  fifteen days prior to the date of such hearing, the
    24  department shall give notice to the community board for the district  in
    25  which  the  newsstand is proposed to be located, to the president of the
    26  borough in which the newsstand is proposed to  be  located  and  to  the
    27  council  member  in  whose  district  the  newsstand  is  proposed to be
    28  located. Not less than five calendar days prior to the date of any  such
    29  hearing, notice of the hearing shall be published in the City Record and
    30  in  one  newspaper of local circulation in the community where the news-
    31  stand is proposed to be located.  No  other  notice  requirements  shall
    32  apply to hearings for licensing of newsstands.
    33    d.  Within  twenty days of the date the application is received by the
    34  council pursuant to subdivision c  of  this  section,  the  council  may
    35  resolve by the majority vote of all council members to review the appli-
    36  cation. If the council does not so resolve, the approval of the applica-
    37  tion  by  the  department  shall  be forwarded to the mayor for approval
    38  pursuant to subdivision f of this section, unless,  in  accordance  with
    39  that  subdivision, the application is one for which the mayor has deter-
    40  mined that separate and additional mayoral approval is not required.
    41    e. If the council resolves to review an application pursuant to subdi-
    42  vision d of this section, the council shall hold a public hearing, after
    43  giving public notice not less than five days in advance of such hearing.
    44  The council shall take final action on the application  and  shall  file
    45  with  the mayor its resolution, if any, with respect to the application,
    46  except that if, in accordance with subdivision f of  this  section,  the
    47  application  is one for which the mayor has determined that separate and
    48  additional mayoral approval is not required, the council shall file  its
    49  resolution  with  the  department.   Such filing of the resolution shall
    50  take place within fifty days of the filing of the application  with  the
    51  council  pursuant to subdivision c of this section. The affirmative vote
    52  of a majority of all the council members shall be required to approve or
    53  disapprove the application.  If within the time period provided  for  in
    54  this  subdivision,  the  council  fails  to  act  or fails to act by the
    55  required vote on an application, the council shall  be  deemed  to  have
    56  approved the application.

        S. 469                              3
 
     1    f. The consent shall be upon such conditions as may be provided in the
     2  approval of the application by the department, and shall be revocable at
     3  any time by such department. The separate and additional approval of the
     4  mayor  shall  be  necessary to its validity, unless the mayor has deter-
     5  mined  that  such approval is not required for applications reviewed and
     6  approved pursuant to this section, or any category of such applications.
     7    § 2. This act shall take effect on the first of January next  succeed-
     8  ing the date on which it shall have become a law.
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