Add §18-e, Gen City L; amd §§160.50 & 440.10, CP L; amd §436, NYC Chart; rpld §§17-313, 17-322, 20-463 &
20-474, §20-468 subs c - f, amd NYC Ad Cd, generally
Relates to the regulation of street vendors in cities with a population of one million or more by authorizing such cities to adopt a program to regulate street vendors; requires street vendors to obtain a permit; provides for penalties for failure to comply with such regulations.
STATE OF NEW YORK
________________________________________________________________________
1175--B
2021-2022 Regular Sessions
IN SENATE
January 7, 2021
___________
Introduced by Sens. RAMOS, BIAGGI, BRISPORT, HARCKHAM, JACKSON, RIVERA,
SALAZAR, SEPULVEDA, SERRANO -- read twice and ordered printed, and
when printed to be committed to the Committee on Cities 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Cities 1 in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the general city law, the criminal procedure law, the
charter of the city of New York and the administrative code of the
city of New York, in relation to the regulation of street vendors in
cities with a population of one million or more; and to repeal certain
provisions of the administrative code of the city of New York relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration. The legislature
2 finds and declares that street vending plays a crucial role in New York
3 City's small business landscape, allowing immigrants, military veterans,
4 and others to create a foothold in the City's economy. Street vendors
5 contribute significantly to the vibrancy of the City's streetscape and
6 add a visible cultural representation of the City's inhabitants. Howev-
7 er, street vendors in New York City have historically faced several
8 barriers to business viability as a result of antiquated City laws,
9 rules, and policies limiting the number of vending permits and licenses,
10 as well as the criminalization of vending by the New York City Police
11 Department and other agencies. To effectuate the removal of these
12 barriers, the legislature finds and declares that there should be no
13 limit on the number of street vending permits and licenses that can be
14 issued in the City. Artificially created limits on the number of street
15 vendors only forces the creation of underground markets, as well as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05066-11-2
S. 1175--B 2
1 vendors operating without licenses or permits outside the regulatory
2 system. Street vendors should receive the basic opportunities to open
3 small businesses to further stimulate the City's economy as well as
4 provide economic viability and mobility for entrepreneurship.
5 Furthermore, the legislature finds and declares that the New York City
6 Police Department should be prohibited from enforcing all street vendor
7 laws and regulations. Street vendors deserve the same respect and expec-
8 tations as other small businesses and should be regulated solely by
9 civilian agencies without fear of criminal justice consequences.
10 § 2. The general city law is amended by adding a new section 18-e to
11 read as follows:
12 § 18-e. Street vendors. 1. For the purposes of this section, the
13 following definitions apply:
14 a. "Street vendor" means a person who sells goods and services from a
15 food truck, pushcart, stand, display, pedal-driven cart, wagon, show-
16 case, rack, other nonmotorized conveyance, or from one's person, upon a
17 public street, sidewalk or other pedestrian path.
18 b. "Local legislative body" means the legislative body of a city with
19 a population of one million or more.
20 2. a. A local legislative body in a city with a population of one
21 million or more shall not regulate street vendors except in accordance
22 with subdivision three, four or five of this section.
23 b. Nothing in this section shall be construed to affect the applica-
24 bility of any laws, rules, or regulations pertaining to food safety to a
25 street vendor who sells food.
26 c. Nothing in this section shall be construed to require a local
27 legislative body to adopt a new program to regulate street vendors if
28 the local legislative body has established an existing program that
29 substantially complies with the requirements of this section.
30 3. a. A local legislative body may adopt a program to regulate street
31 vendors in compliance with this section.
32 b. A local legislative body's street vending program shall comply with
33 all of the following standards:
34 (i) A local legislative body shall not require a street vendor to
35 operate within specific parts of the public right-of-way, except when
36 such restriction is directly related to objective health, safety, or
37 welfare concerns.
38 (ii) (A) A local legislative body shall not prohibit a street vendor
39 from selling food or merchandise in a park owned or operated by the
40 city, except the local legislative body may prohibit stationary street
41 vendors from vending in the park only if the operator of the park has
42 signed an agreement for concessions that exclusively permits the sale of
43 food or merchandise by the concessionaire.
44 (B) Notwithstanding clause (A) of this subparagraph, a local legisla-
45 tive body may adopt additional requirements regulating the time, place,
46 and manner of street vending in a park owned or operated by the city if
47 the requirements are any of the following:
48 (1) Directly related to objective health, safety, or welfare concerns;
49 (2) Necessary to ensure the public's use and enjoyment of natural
50 resources and recreational opportunities; or
51 (3) Necessary to prevent an undue concentration of commercial activity
52 that unreasonably interferes with the scenic and natural character of
53 the park.
54 (iii) A local legislative body shall not require a street vendor to
55 first obtain the consent or approval of any nongovernmental entity or
56 individual before he or she can sell food or merchandise.
S. 1175--B 3
1 (iv) A local legislative body shall not restrict street vendors to
2 operate only in a designated neighborhood or area, except when that
3 restriction is directly related to objective health, safety, or welfare
4 concerns.
5 (v) A local legislative body shall not restrict the overall number of
6 street vendors permitted to operate within the jurisdiction of the local
7 legislative body.
8 c. A local legislative body may, by law, ordinance or resolution,
9 adopt additional requirements regulating the time, place, and manner of
10 street vending if the requirements are directly related to objective
11 health, safety, or welfare concerns, including, but not limited to, any
12 of the following:
13 (i) Limitations on hours of operation that are not unduly restrictive.
14 In nonresidential areas, any limitations on the hours of operation for
15 street vending shall not be more restrictive than any limitations on
16 hours of operation imposed on other businesses or uses on the same
17 street;
18 (ii) Requirements to maintain sanitary conditions;
19 (iii) Requirements necessary to ensure compliance with the federal
20 Americans with Disabilities Act of 1990 (Public Law 101-336) and other
21 disability access standards;
22 (iv) Requiring the street vendor to obtain from the local legislative
23 body a permit for street vending or a valid business license, provided
24 that the local legislative body issuing the permit or business license
25 accepts a New York driver's license or identification number, an indi-
26 vidual taxpayer identification number, or a municipal identification
27 number in lieu of a social security number if the local legislative body
28 otherwise requires a social security number for the issuance of a permit
29 or business license, and that the number collected shall not be avail-
30 able to the public for inspection, is confidential, and shall not be
31 disclosed except as required to administer the permit or licensure
32 program or comply with a state law or state or federal court order;
33 (v) Requiring the street vendor to possess a valid seller's permit or
34 license;
35 (vi) Requiring additional licenses from other state or local agencies
36 to the extent required by law;
37 (vii) Requiring compliance with other generally applicable laws; or
38 (viii) Requiring a street vendor to submit information on his or her
39 operations, including, but not limited to, any of the following:
40 (A) The name and current mailing address of the street vendor;
41 (B) A description of the merchandise offered for sale or exchange;
42 (C) A certification by the vendor that to his or her knowledge and
43 belief, the information contained on the form is true;
44 (D) The New York state tax number, if any, of the street vendor; or
45 (E) If the street vendor is an agent of an individual, company, part-
46 nership, or corporation, the name and business address of the principal.
47 d. Notwithstanding paragraph b of this subdivision, a local legisla-
48 tive body may restrict or prohibit street vendors within the immediate
49 vicinity of an area designated for a temporary special permit issued by
50 the local legislative body, provided that any notice, business inter-
51 ruption mitigation, or other rights provided to affected businesses or
52 property owners under the local legislative body's temporary special
53 permit are also provided to any street vendors specifically permitted to
54 operate in the area, if applicable. For the purposes of this paragraph,
55 a temporary special permit is a permit issued by the local legislative
56 body for the temporary use of, or encroachment on, the street, sidewalk,
S. 1175--B 4
1 or other public area, including, but not limited to an encroachment
2 permit, special event permit, or temporary event permit, for purposes
3 including, but not limited to, filming, parades, or outdoor concerts. A
4 prohibition of street vendors pursuant to this paragraph shall only be
5 effective for the limited duration of the temporary special permit.
6 e. For the purposes of this section, perceived community animus or
7 economic competition shall not constitute an objective health, safety,
8 or welfare concern.
9 4. All enforcement and inspection of this section shall be carried out
10 by the commissioner of a civilian department that is tasked with
11 protecting and enhancing the daily lives of New Yorkers to create thriv-
12 ing communities by overseeing and enforcing key consumer protection,
13 licensing, and workplace laws in businesses across dozens of industries.
14 The health commissioner may designate the director of environmental
15 health of such district as an additional person authorized to enforce
16 and perform inspections pursuant to this section.
17 5. a. (i) A violation of a local legislative body's street vending
18 program that complies with subdivision three of this section is punisha-
19 ble only by the following:
20 (A) A fine not exceeding one hundred dollars for a first violation.
21 (B) A fine not exceeding two hundred dollars for a second violation
22 within one year of the first violation.
23 (C) A fine not exceeding three hundred dollars for each additional
24 violation within one year of the first violation.
25 (ii) A local legislative body may rescind a permit issued to a street
26 vendor for the term of that permit upon serious repeated and persistent
27 violations of any of the requirements of subdivision three of this
28 section, and after notice and an opportunity for a hearing has been
29 provided by the permit-issuing official.
30 (iii) (A) If a local legislative body requires a sidewalk vendor to
31 obtain a street vending permit from the local legislative body, vending
32 without a street vending permit may be punishable by the following in
33 lieu of the fines set forth in subparagraph (i) of this paragraph:
34 (1) A fine not exceeding two hundred dollars for a first violation.
35 (2) A fine not exceeding three hundred dollars for a second violation
36 within one year of the first violation.
37 (3) A fine not exceeding four hundred dollars for each additional
38 violation within one year of the first violation.
39 (B) Upon proof of a valid permit issued by the local legislative body,
40 the fines set forth in this paragraph shall be reduced to the fines set
41 forth in subparagraph (i) of this paragraph, respectively.
42 b. The proceeds of a fine assessed pursuant to paragraph a of this
43 subdivision shall be deposited in the general fund of the local legisla-
44 tive body.
45 c. Failure to pay a fine pursuant to paragraph a of this subdivision
46 shall not be punishable as an infraction or misdemeanor. Additional
47 fines, fees, assessments, or any other financial conditions beyond those
48 authorized in paragraph a of this subdivision shall not be assessed.
49 d. (i) A violation of a local legislative body's street vending
50 program that complies with subdivision three of this section, or a
51 violation of any rules or regulations adopted prior to the effective
52 date of this section, that regulate or prohibit street vendors in the
53 jurisdiction of a local legislative body, shall not be punishable as an
54 infraction or misdemeanor, and the person alleged to have violated any
55 such provisions shall not be subject to arrest except when permitted
56 under law.
S. 1175--B 5
1 (ii) Notwithstanding any other law to the contrary, subparagraph (i)
2 of this paragraph shall apply to all pending criminal prosecutions under
3 any law, ordinance or resolution regulating or prohibiting street
4 vendors. Any such criminal prosecutions that have not reached final
5 judgment shall be dismissed.
6 e. A local legislative body that has not adopted rules or regulations
7 by law, ordinance or resolution that comply with subdivision two of this
8 section shall not cite, fine, or prosecute a street vendor for a
9 violation of any law, rule or regulation that is inconsistent with the
10 standards described in paragraph b of subdivision three of this section.
11 f. (i) When assessing a fine pursuant to paragraph a of this subdivi-
12 sion, the adjudicator shall take into consideration the person's ability
13 to pay the fine. The local legislative body shall provide the person
14 with notice of his or her right to request an ability-to-pay determi-
15 nation and shall make available instructions or other materials for
16 requesting an ability-to-pay determination. The person may request an
17 ability-to-pay determination at adjudication or while the judgment
18 remains unpaid, including when a case is delinquent or has been referred
19 to a comprehensive collection program.
20 (ii) The local legislative body may allow the person to complete
21 community service in lieu of paying the total fine, may waive or reduce
22 the fine, or may offer an alternative disposition.
23 g. (i) A person who is currently serving, or who completed, a
24 sentence, or who is subject to a fine, for a conviction of a misdemeanor
25 or infraction for street vending, whether by trial or by open or negoti-
26 ated plea, who would not have been guilty of such offense under this
27 section had this section been in effect at the time of the offense, may
28 petition for dismissal of the sentence, fine, or conviction before the
29 trial court that entered the judgment of conviction in his or her case.
30 (ii) Upon receiving a petition under subparagraph (i) of this para-
31 graph, the court shall presume the petitioner satisfies the criteria in
32 subparagraph (i) of this paragraph unless the party opposing the peti-
33 tion proves by clear and convincing evidence that the petitioner does
34 not satisfy the criteria. If the petitioner satisfies the criteria in
35 subparagraph (i) of this paragraph, the court shall grant the petition
36 to dismiss the sentence or fine, if applicable, and dismiss and seal the
37 conviction, because the sentence, fine, and conviction are legally
38 invalid.
39 (iii) Unless requested by the petitioner, no hearing is necessary to
40 grant or deny a petition filed under subparagraph (i) of this paragraph.
41 (iv) If the court that originally sentenced or imposed a fine on the
42 petitioner is not available, the presiding judge shall designate another
43 judge to rule on the petition.
44 (v) Nothing in this paragraph is intended to diminish or abrogate any
45 rights or remedies otherwise available to the petitioner.
46 (vi) Nothing in this paragraph or related provisions is intended to
47 diminish or abrogate the finality of judgments in any case not falling
48 within the purview of this section.
49 § 3. Subparagraph (vi) of paragraph (k) of subdivision 3 of section
50 160.50 of the criminal procedure law is renumbered subparagraph (vii)
51 and a new subparagraph (vi) is added to read as follows:
52 (vi) the conviction was for an offense defined in subchapter two of
53 chapter three of title seventeen or subchapter twenty-seven of chapter
54 two of title twenty of the administrative code of the city of New York;
55 or
S. 1175--B 6
1 § 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
2 procedure law, as amended by chapter 92 of the laws of 2021, is amended
3 to read as follows:
4 (k) The judgment occurred prior to the effective date of the laws of
5 two thousand [twenty-one] twenty-two that amended this paragraph and is
6 a conviction for an offense as defined in subparagraphs (i), (ii), (iii)
7 [or], (iv) and (vi) of paragraph (k) of subdivision three of section
8 160.50 of this part, in which case the court shall presume that a
9 conviction by plea for the aforementioned offenses was not knowing,
10 voluntary and intelligent if it has severe or ongoing consequences,
11 including but not limited to potential or actual immigration conse-
12 quences, and shall presume that a conviction by verdict for the afore-
13 mentioned offenses constitutes cruel and unusual punishment under
14 section five of article one of the state constitution, based on those
15 consequences. The people may rebut these presumptions.
16 § 5. Section 436 of the New York city charter, as amended by local law
17 number 102 of the city of New York for the year 1977, is amended to read
18 as follows:
19 § 436. Powers over certain trades. The commissioner shall possess
20 powers of general supervision and inspection over all licensed or unli-
21 censed pawnbrokers, [vendors,] junkshop keepers, junk boatmen, [cart-
22 men,] dealers in second-hand merchandise and auctioneers within the
23 city; and in connection with the performance of any police duties he
24 shall have power to examine such persons, their clerks and employees and
25 their books, business premises, and any articles of merchandise in their
26 possession. A refusal or neglect to comply in any respect with the
27 provisions of this section on the part of any pawnbroker, [vendor,]
28 junkshop keeper, junk boatman, [cartman,] dealer in second-hand merchan-
29 dise or auctioneer, or any clerk or employee of any thereof shall be
30 triable by a judge of the criminal court and punishable by not more than
31 thirty days' imprisonment, or by a fine of not more than fifty dollars,
32 or both.
33 § 6. Subdivision a of section 17-311 of the administrative code of the
34 city of New York, as amended by local law number 108 of the city of New
35 York for the year 2017, is amended to read as follows:
36 a. Each food vendor shall carry his or her license upon his or her
37 person and it shall be exhibited upon demand to any [police officer,]
38 public health sanitarian or other authorized officer or employee of the
39 city other than a police officer.
40 § 7. Sections 17-313 and 17-322 of the administrative code of the city
41 of New York are REPEALED.
42 § 8. Subdivision b of section 17-314 of the administrative code of the
43 city of New York, as amended by local law number 15 of the city of New
44 York for the year 1995, is amended to read as follows:
45 b. Provide to the commissioner or any other authorized officer or
46 employee of the city, other than a police officer, the addresses and
47 names of the owners of such service rooms, commissaries or distributors
48 from whom such licensee receives his or her food and also the address at
49 which such vendor stores his or her food and vehicle or pushcart;
50 § 9. Subdivision j of section 17-315 of the administrative code of the
51 city of New York is amended to read as follows:
52 j. Where exigent circumstances exist and [a police officer or other]
53 an authorized officer or employee of the city, other than a police offi-
54 cer, gives notice to a food vendor to temporarily move from a location
55 such vendor shall not vend from such location. For the purpose of this
56 subdivision, exigent circumstances shall include but not be limited to,
S. 1175--B 7
1 unusually heavy pedestrian or vehicular traffic, existence of any
2 obstructions in the public space at or near such location, an accident,
3 fire or other emergency situation at or near such location, or a parade,
4 demonstration, or other such event or occurrence at or near such
5 location.
6 § 10. Section 17-321 of the administrative code of the city of New
7 York, subdivision c as amended by local law number 9 of the city of New
8 York for the year 2008, subdivision d as amended by chapter 11 of the
9 laws of 2004, subdivision e as amended by local law number 18 of the
10 city of New York for the year 2021, is amended to read as follows:
11 § 17-321 Enforcement. a. Public health sanitarians or other authorized
12 officers or employees of the department [and], other than police offi-
13 cers, shall have the power to enforce all laws, rules and regulations
14 relating to food vendors. This provision shall in no way restrict any
15 other power granted by law to any officer or employee of the city, other
16 than a police officer.
17 b. If a food vendor does not move his or her vehicle or pushcart when
18 directed to do so by [a police officer or other] an authorized officer
19 or employee of the city, other than a police officer, in compliance with
20 the provisions of subdivision k of section 17-315 of this subchapter,
21 such officer or employee may provide for the removal of such vehicle or
22 pushcart to any garage, automobile pound or other place of safety, and
23 the owner or other person lawfully entitled to the possession of such
24 vehicle or pushcart may be charged with reasonable costs for such
25 removal and storage, payable prior to the release of such vehicle or
26 pushcart.
27 c. An officer or employee, other than a police officer, designated in
28 subdivision a of this section may seize any vehicle or pushcart which
29 (i) does not have a permit or (ii) is being used to vend on property
30 owned by the city and under the jurisdiction of a city agency including,
31 but not limited to, the department of parks and recreation or the
32 department of small business services, without the written authorization
33 of the commissioner of such department, or (iii) is being used by an
34 unlicensed vendor, or (iv) is being used to vend in the area including
35 and bounded on the east by the easterly side of Broadway, on the south
36 by the southerly side of Liberty Street, on the west by the westerly
37 side of West Street and on the north by the northerly side of Vesey
38 Street, or (v) is selling food not authorized by the permit, and may
39 seize any food sold or offered for sale from such vehicle or pushcart.
40 Such vehicle, pushcart or food shall be subject to forfeiture as
41 provided in [section 17-322 of] this subchapter. If a forfeiture
42 proceeding is not commenced, the vendor may be charged with the reason-
43 able costs for removal and storage payable prior to the release of such
44 food, vehicle or pushcart unless the charge of vending without a permit
45 or vending without a license or vending without the authorization of
46 such commissioner is dismissed.
47 d. If a food vendor operates any food vending business on any street
48 at any time where and when the operation of any food vending business is
49 prohibited pursuant to the provisions of section 20-465.1 of the code
50 and any rules promulgated pursuant thereto, or if a food vendor operates
51 a food vending business in the area including and bounded on the east by
52 the easterly side of Broadway, on the south by the southerly side of
53 Liberty Street, on the west by the westerly side of West Street and on
54 the north by the northerly side of Vesey Street, any authorized officer
55 or employee of the city [or member of the New York city police depart-
56 ment], other than a police officer, is authorized to provide for the
S. 1175--B 8
1 removal of such food vendor's food, vehicle or pushcart to any garage,
2 automobile pound or other place of safety, and the owner or other person
3 lawfully entitled to the possession of such vehicle or pushcart or food
4 may be charged with reasonable costs for removal and storage.
5 e. Any notice of violation issued to a food vendor by an officer or
6 employee described in subdivision a of this section, other than a police
7 officer, that is returnable to a tribunal established within the office
8 of administrative trials and hearings or within any agency of the city
9 of New York designated to conduct such proceedings, or to any court of
10 competent jurisdiction, shall state the permit number of the vehicle or
11 pushcart associated with such notice of violation. Any penalty duly
12 imposed by such tribunal, and any fine or penalty imposed by such court,
13 shall be considered to have been issued against the permittee associated
14 with such permit number for the purposes of the non-issuance or renewal
15 of a food vendor permit pursuant to subdivision b of section 17-317 of
16 this subchapter.
17 § 11. Subdivision a and paragraph 1 of subdivision c of section 17-325
18 of the administrative code of the city of New York, paragraph 1 of
19 subdivision c as amended by local law 80 of the city of New York for the
20 year 2021, are amended to read as follows:
21 a. Any person who violates the provisions of subdivision a, b, or c of
22 section 17-307 of this subchapter shall be [guilty of a misdemeanor,]
23 liable only for a civil violation punishable by a fine of not [less than
24 one hundred fifty dollars nor] more than [one thousand dollars,] two
25 hundred fifty dollars [or by imprisonment for not more than three months
26 or by such fine and imprisonment].
27 1. In addition to the penalties prescribed by subdivision a of this
28 section, any person who violates, or any person aiding another to
29 violate, the provisions of subdivision a, b, or c of section 17-307 of
30 this subchapter shall be liable for only a civil penalty of not [less
31 than one hundred fifty dollars nor] more [than one thousand dollars
32 together with a penalty of one hundred dollars per day for every day
33 during which the unlicensed business operated] than two hundred fifty
34 dollars.
35 § 12. Section 17-325.1 of the administrative code of the city of New
36 York, as added by local law number 19 of the city of New York for the
37 year 1994, is amended to read as follows:
38 § 17-325.1 Failure to display and produce license or permit; presump-
39 tive evidence of unlicensed or unpermitted activity. a. In any civil [or
40 criminal] action or proceeding, failure by a food vendor who is required
41 to be licensed pursuant to the provisions of this chapter to display and
42 exhibit upon demand a food vendor's license in accordance with the
43 provisions of this chapter to any [police officer,] public health sani-
44 tarian or other authorized officer or employee of the department or
45 other city agency, other than a police officer, shall be presumptive
46 evidence that such food vendor is not duly licensed.
47 b. In any civil [or criminal] action or proceeding, the failure of any
48 vehicle or pushcart which is required to be permitted pursuant to the
49 provisions of this chapter to have a permit plate affixed thereto in
50 accordance with the provisions of this chapter shall be presumptive
51 evidence that such vehicle or pushcart is not duly permitted.
52 § 13. Subdivision a of section 20-461 of the administrative code of
53 the city of New York is amended to read as follows:
54 a. Each general vendor shall carry his or her license on his or her
55 person and it shall be exhibited upon demand to any [police officer,]
S. 1175--B 9
1 authorized officer or employee of the department or other city agency,
2 other than a police officer.
3 § 14. Sections 20-463 and 20-474 of the administrative code of the
4 city of New York are REPEALED.
5 § 15. Subdivisions a and b of section 20-464 of the administrative
6 code of the city of New York, subdivision b as amended by local law 112
7 of the city of New York for the year 1989, are amended to read as
8 follows:
9 a. Permit regular inspections by the department or any authorized city
10 agency, other than the police department, of any goods, vehicle, push-
11 cart or stand used in the operation of the vending business, and of any
12 premises used by him or her for the storage or preparation of goods
13 intended to be vended in such business;
14 b. Provide to the commissioner, or other authorized officer or employ-
15 ee of a city agency, other than a police officer, requesting such infor-
16 mation, on a semi-annual basis, or more often if required by regulation
17 promulgated by the Commissioner, the address and name of the owners or
18 the manufacturers, suppliers or distributors from whom the licensee
19 receives his or her goods and also the address at which the licensee
20 stores his or her goods or any vehicle, pushcart or stand used in the
21 operation of the vending business;
22 § 16. Subdivision k of section 20-465 of the administrative code of
23 the city of New York is amended to read as follows:
24 k. Where exigent circumstances exist and [a police officer or other]
25 an authorized officer or employee of any city agency, other than a
26 police officer, gives notice to a general vendor to temporarily move
27 from any location such general vendor shall not vend from such location.
28 For the purposes of this subdivision, exigent circumstances shall
29 include, but not be limited to, unusually heavy pedestrian or vehicular
30 traffic, existence of any obstructions in the public space, an accident,
31 fire or other emergency situation, a parade, demonstration or other such
32 event or occurrence at or near such location.
33 § 17. Subdivisions a and b of section 20-468 of the administrative
34 code of the city of New York are amended to read as follows:
35 a. Authorized officers, other than police officers, and employees of
36 the department [and members of the police department] shall have the
37 power to enforce all laws, rules and regulations relating to general
38 vendors. This provision shall in no way restrict any other power grant-
39 ed by law to an officer or employee of any city agency, other than
40 police officers.
41 b. If a general vendor does not move his or her goods, vehicle, push-
42 cart or stand when directed to do so by [a police officer or other] an
43 authorized officer or employee of the city, other than a police officer,
44 in compliance with the provisions of subdivision k of section 20-465
45 such officer or employee is authorized to provide for the removal of
46 such goods, vehicle, pushcart or stand to any garage, automobile pound
47 or other place of safety, and the owner or other person lawfully enti-
48 tled to the possession of such vehicle, pushcart, stand or goods may be
49 charged with reasonable costs for removal and storage payable prior to
50 the release of such goods, vehicle, pushcart or stand.
51 § 18. Subdivisions c, d, e, and f of subdivision 20-468 of the admin-
52 istrative code of the city of New York are REPEALED.
53 § 19. Section 20-472 of the administrative code of the city of New
54 York, subdivision a as amended by local law number 63 of the city of New
55 York for the year 1990, subdivision b as amended by local law number 38
56 of the city of New York for the year 2013, subdivision c as amended by
S. 1175--B 10
1 local law number 80 of the city of New York for the year 2021, and
2 subdivision e as amended by local law number 14 of the city of New York
3 for the year 1995, is amended to read as follows:
4 § 20-472 Penalties. a. Any person who violates the provisions of
5 sections 20-453 and 20-474.1 of this subchapter shall be [guilty of a
6 misdemeanor] liable for only a civil violation punishable by a fine of
7 not [less] more than two hundred fifty dollars [nor more than one thou-
8 sand dollars, or by imprisonment for not more than three months or by
9 both such fine and imprisonment. In addition, any police officer may
10 seize any vehicle used to transport goods to a general vendor, along
11 with the goods contained therein, where the driver is required to but
12 cannot produce evidence of a distributor's license. Any vehicle and
13 goods so seized may be subject to forfeiture upon notice and judicial
14 determination. If a forfeiture proceeding is not commenced, the owner or
15 other person lawfully entitled to possession of such vehicle and goods
16 may be charged with the reasonable cost for removal and storage payable
17 prior to the release of such vehicle and goods, unless the charge of
18 unlicensed distributing has been dismissed].
19 b. Except as provided in subdivision a of this section, a person who
20 violates any provision of this subchapter or any of the rules or regu-
21 lations promulgated hereunder shall be guilty of an offense punishable
22 by the court as follows:
23 1. For the first violation, a fine of not less than twenty-five nor
24 more than fifty dollars.
25 2. For the second violation issued for the same offense within a peri-
26 od of two years of the date of a first violation, a fine of not less
27 than fifty dollars nor more than one hundred dollars.
28 3. For a third violation issued for the same offense within a period
29 of two years of the date of a first violation, a fine of not less than
30 one hundred dollars nor more than two hundred [and] fifty dollars.
31 4. For any subsequent violations issued for the same offense within a
32 period of two years of the date of a first violation, a penalty of not
33 more than five hundred dollars.
34 c. 1. [In addition to the penalties prescribed by subdivision a of
35 this section, any person who violates, or any person aiding another to
36 violate, the provisions of section 20-453 of this subchapter shall be
37 liable for a civil penalty of two hundred fifty dollars together with a
38 penalty of two hundred fifty dollars per day for every day during which
39 the unlicensed business operated; except that a person who violates, or
40 any person aiding another to violate, the provisions of section 20-453
41 of this subchapter by engaging in continued unlicensed activity as
42 defined by the commissioner, considering factors including but not
43 limited to the frequency and duration of such unlicensed activity, shall
44 be liable for a civil penalty of one thousand dollars together with a
45 penalty of two hundred fifty dollars per day for every day during which
46 the unlicensed business operated.
47 2.] In addition to the penalties prescribed by subdivision b of this
48 section, any person who violates any of the provisions of this subchap-
49 ter, other than section 20-453, or any of the rules and regulations
50 promulgated hereunder shall be liable for a civil penalty as follows:
51 (a) For the first violation, a penalty of twenty-five dollars.
52 (b) For the second violation issued for the same offense within a
53 period of two years of the date of a first violation, a penalty of fifty
54 dollars.
S. 1175--B 11
1 (c) For the third violation issued for the same offense within a peri-
2 od of two years of the date of a first violation, a penalty of not less
3 than one hundred dollars nor more than two hundred fifty dollars.
4 (d) For any subsequent violations issued for the same offense within a
5 period of two years of the date of a first violation, a penalty of [two
6 hundred and fifty] not more than five hundred dollars.
7 [3.] 2. Notwithstanding any inconsistent provision of this subdivi-
8 sion, a person shall be subject to a civil penalty of zero dollars for a
9 first violation of subdivision b of section 20-461 of this subchapter or
10 any rule or regulation promulgated thereunder. The notice of violation
11 for such first violation shall inform the respondent of the provision of
12 law or rule that the department believes the respondent has violated,
13 describe the condition or activity that is the basis for the notice of
14 violation, and advise the respondent that the law authorizes civil
15 penalties for such violation and that subsequent violations may result
16 in the imposition of such civil penalties. Any person who violates
17 subdivision b of section 20-461 of this subchapter or any rule or regu-
18 lation promulgated thereunder shall be subject to a civil penalty of
19 twenty-five dollars for a second violation and a civil penalty of fifty
20 dollars for a third or subsequent violation.
21 d. A proceeding to recover any civil penalty authorized pursuant to
22 the provisions of subdivision c of this section shall be commenced by
23 the service of a notice of violation which shall be returnable to the
24 environmental control board. The board shall have the power to impose
25 the penalties prescribed by subdivision c of this section.
26 e. Any person who violates the provisions of sections 20-465 and
27 20-465.1 of this subchapter and any rules promulgated thereunder shall
28 be [guilty of a misdemeanor] liable for only a civil violation punisha-
29 ble by a fine of not more than [five hundred dollars, or by imprisonment
30 for not more than thirty days or by both such fine and imprisonment] two
31 hundred fifty dollars.
32 § 20. Section 20-474.3 of the administrative code of the city of New
33 York, as added by local law number 19 of the city of New York for the
34 year 1994, is amended to read as follows:
35 § 20-474.3 Failure to produce license; presumptive evidence of unli-
36 censed activity. a. In any civil [or criminal] action or proceeding,
37 failure by a general vendor who is required to be licensed pursuant to
38 the provisions of this subchapter to exhibit upon demand a general
39 vendor's license in accordance with the provisions of this subchapter to
40 any [police officer or] authorized officer or employee of the department
41 or other city agency, other than a police officer, shall be presumptive
42 evidence that such general vendor is not duly licensed.
43 b. In any civil [or criminal] action or proceeding, failure by any
44 person who is required to obtain a distributor's license pursuant to the
45 provisions of this subchapter, or failure by the driver of such person,
46 to exhibit upon demand a distributor's license in accordance with the
47 provisions of this subchapter to any [police officer or] authorized
48 officer or employee of the department or other city agency, other than a
49 police officer, shall be presumptive evidence that such person is not
50 duly licensed.
51 § 21. This act shall take effect immediately.
