Add §18-e, Gen City L; amd §§160.50 & 440.10, CP L; amd §436, NYC Chart; rpld §§17-322 & 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
________________________________________________________________________
4928
2025-2026 Regular Sessions
IN SENATE
February 14, 2025
___________
Introduced by Sens. RAMOS, BRISPORT, GONZALEZ, HARCKHAM, JACKSON,
RIVERA, SALAZAR, SEPULVEDA, SERRANO -- read twice and ordered printed,
and when printed to be committed to the Committee on Cities 1
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
16 vendors operating without licenses or permits outside the regulatory
17 system. Street vendors should receive the basic opportunities to open
18 small businesses to further stimulate the City's economy as well as
19 provide economic viability and mobility for entrepreneurship.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09833-01-5
S. 4928 2
1 Furthermore, the legislature finds and declares that the New York City
2 Police Department should be prohibited from enforcing all street vendor
3 laws and regulations. Street vendors deserve the same respect and expec-
4 tations as other small businesses and should be regulated solely by
5 civilian agencies without fear of criminal justice consequences.
6 § 2. The general city law is amended by adding a new section 18-e to
7 read as follows:
8 § 18-e. Street vendors. 1. For the purposes of this section, the
9 following definitions apply:
10 a. "Street vendor" means a person who sells goods and services from a
11 food truck, pushcart, stand, display, pedal-driven cart, wagon, show-
12 case, rack, other nonmotorized conveyance, or from one's person, upon a
13 public street, sidewalk or other pedestrian path.
14 b. "Local legislative body" means the legislative body of a city with
15 a population of one million or more.
16 2. a. A local legislative body in a city with a population of one
17 million or more shall not regulate street vendors except in accordance
18 with subdivision three, four or five of this section.
19 b. Nothing in this section shall be construed to affect the applica-
20 bility of any laws, rules, or regulations pertaining to food safety to a
21 street vendor who sells food.
22 c. Nothing in this section shall be construed to require a local
23 legislative body to adopt a new program to regulate street vendors if
24 the local legislative body has established an existing program that
25 substantially complies with the requirements of this section.
26 3. a. A local legislative body may adopt a program to regulate street
27 vendors in compliance with this section.
28 b. A local legislative body's street vending program shall comply with
29 all of the following standards:
30 (i) A local legislative body shall not require a street vendor to
31 operate within specific parts of the public right-of-way, except when
32 such restriction is directly related to objective health, safety, or
33 welfare concerns.
34 (ii) (A) A local legislative body shall not prohibit a street vendor
35 from selling food or merchandise in a park owned or operated by the
36 city, except the local legislative body may prohibit stationary street
37 vendors from vending in the park only if the operator of the park has
38 signed an agreement for concessions that exclusively permits the sale of
39 food or merchandise by the concessionaire.
40 (B) Notwithstanding clause (A) of this subparagraph, a local legisla-
41 tive body may adopt additional requirements regulating the time, place,
42 and manner of street vending in a park owned or operated by the city if
43 the requirements are any of the following:
44 (1) Directly related to objective health, safety, or welfare concerns;
45 (2) Necessary to ensure the public's use and enjoyment of natural
46 resources and recreational opportunities; or
47 (3) Necessary to prevent an undue concentration of commercial activity
48 that unreasonably interferes with the scenic and natural character of
49 the park.
50 (iii) A local legislative body shall not require a street vendor to
51 first obtain the consent or approval of any nongovernmental entity or
52 individual before the street vender can sell food or merchandise.
53 (iv) A local legislative body shall not restrict street vendors to
54 operate only in a designated neighborhood or area, except when that
55 restriction is directly related to objective health, safety, or welfare
56 concerns.
S. 4928 3
1 (v) A local legislative body shall not restrict the overall number of
2 street vendors permitted to operate within the jurisdiction of the local
3 legislative body.
4 c. A local legislative body may, by law, ordinance or resolution,
5 adopt additional requirements regulating the time, place, and manner of
6 street vending if the requirements are directly related to objective
7 health, safety, or welfare concerns, including, but not limited to, any
8 of the following:
9 (i) Limitations on hours of operation that are not unduly restrictive.
10 In nonresidential areas, any limitations on the hours of operation for
11 street vending shall not be more restrictive than any limitations on
12 hours of operation imposed on other businesses or uses on the same
13 street;
14 (ii) Requirements to maintain sanitary conditions;
15 (iii) Requirements necessary to ensure compliance with the federal
16 Americans with Disabilities Act of 1990 (Public Law 101-336) and other
17 disability access standards;
18 (iv) Requiring the street vendor to obtain from the local legislative
19 body a permit for street vending or a valid business license, provided
20 that the local legislative body issuing the permit or business license
21 accepts a New York driver's license or identification number, an indi-
22 vidual taxpayer identification number, or a municipal identification
23 number in lieu of a social security number if the local legislative body
24 otherwise requires a social security number for the issuance of a permit
25 or business license, and that the number collected shall not be avail-
26 able to the public for inspection, is confidential, and shall not be
27 disclosed except as required to administer the permit or licensure
28 program or comply with a state law or state or federal court order;
29 (v) Requiring the street vendor to possess a valid seller's permit or
30 license;
31 (vi) Requiring additional licenses from other state or local agencies
32 to the extent required by law;
33 (vii) Requiring compliance with other generally applicable laws; or
34 (viii) Requiring a street vendor to submit information on their oper-
35 ations, including, but not limited to, any of the following:
36 (A) The name and current mailing address of the street vendor;
37 (B) A description of the merchandise offered for sale or exchange;
38 (C) A certification by the vendor that to the vender's knowledge and
39 belief, the information contained on the form is true;
40 (D) The New York state tax number, if any, of the street vendor; or
41 (E) If the street vendor is an agent of an individual, company, part-
42 nership, or corporation, the name and business address of the principal.
43 d. Notwithstanding paragraph b of this subdivision, a local legisla-
44 tive body may restrict or prohibit street vendors within the immediate
45 vicinity of an area designated for a temporary special permit issued by
46 the local legislative body, provided that any notice, business inter-
47 ruption mitigation, or other rights provided to affected businesses or
48 property owners under the local legislative body's temporary special
49 permit are also provided to any street vendors specifically permitted to
50 operate in the area, if applicable. For the purposes of this paragraph,
51 a temporary special permit is a permit issued by the local legislative
52 body for the temporary use of, or encroachment on, the street, sidewalk,
53 or other public area, including, but not limited to an encroachment
54 permit, special event permit, or temporary event permit, for purposes
55 including, but not limited to, filming, parades, or outdoor concerts. A
S. 4928 4
1 prohibition of street vendors pursuant to this paragraph shall only be
2 effective for the limited duration of the temporary special permit.
3 e. For the purposes of this section, perceived community animus or
4 economic competition shall not constitute an objective health, safety,
5 or welfare concern.
6 4. All enforcement and inspection of this section shall be carried out
7 by the commissioner of a civilian department that is tasked with
8 protecting and enhancing the daily lives of New Yorkers to create thriv-
9 ing communities by overseeing and enforcing key consumer protection,
10 licensing, and workplace laws in businesses across dozens of industries.
11 The health commissioner may designate the director of environmental
12 health of such district as an additional person authorized to enforce
13 and perform inspections pursuant to this section.
14 5. a. (i) A violation of a local legislative body's street vending
15 program that complies with subdivision three of this section is punisha-
16 ble only by the following:
17 (A) A fine not exceeding one hundred dollars for a first violation.
18 (B) A fine not exceeding two hundred dollars for a second violation
19 within one year of the first violation.
20 (C) A fine not exceeding three hundred dollars for each additional
21 violation within one year of the first violation.
22 (ii) A local legislative body may rescind a permit issued to a street
23 vendor for the term of that permit upon serious repeated and persistent
24 violations of any of the requirements of subdivision three of this
25 section, and after notice and an opportunity for a hearing has been
26 provided by the permit-issuing official.
27 (iii) (A) If a local legislative body requires a sidewalk vendor to
28 obtain a street vending permit from the local legislative body, vending
29 without a street vending permit may be punishable by the following in
30 lieu of the fines set forth in subparagraph (i) of this paragraph:
31 (1) A fine not exceeding two hundred dollars for a first violation.
32 (2) A fine not exceeding three hundred dollars for a second violation
33 within one year of the first violation.
34 (3) A fine not exceeding four hundred dollars for each additional
35 violation within one year of the first violation.
36 (B) Upon proof of a valid permit issued by the local legislative body,
37 the fines set forth in this paragraph shall be reduced to the fines set
38 forth in subparagraph (i) of this paragraph, respectively.
39 b. The proceeds of a fine assessed pursuant to paragraph a of this
40 subdivision shall be deposited in the general fund of the local legisla-
41 tive body.
42 c. Failure to pay a fine pursuant to paragraph a of this subdivision
43 shall not be punishable as an infraction or misdemeanor. Additional
44 fines, fees, assessments, or any other financial conditions beyond those
45 authorized in paragraph a of this subdivision shall not be assessed.
46 d. (i) A violation of a local legislative body's street vending
47 program that complies with subdivision three of this section, or a
48 violation of any rules or regulations adopted prior to the effective
49 date of this section, that regulate or prohibit street vendors in the
50 jurisdiction of a local legislative body, shall not be punishable as an
51 infraction or misdemeanor, and the person alleged to have violated any
52 such provisions shall not be subject to arrest except when permitted
53 under law.
54 (ii) Notwithstanding any other law to the contrary, subparagraph (i)
55 of this paragraph shall apply to all pending criminal prosecutions under
56 any law, ordinance or resolution regulating or prohibiting street
S. 4928 5
1 vendors. Any such criminal prosecutions that have not reached final
2 judgment shall be dismissed.
3 e. A local legislative body that has not adopted rules or regulations
4 by law, ordinance or resolution that comply with subdivision two of this
5 section shall not cite, fine, or prosecute a street vendor for a
6 violation of any law, rule or regulation that is inconsistent with the
7 standards described in paragraph b of subdivision three of this section.
8 f. (i) When assessing a fine pursuant to paragraph a of this subdivi-
9 sion, the adjudicator shall take into consideration the person's ability
10 to pay the fine. The local legislative body shall provide the person
11 with notice of their right to request an ability-to-pay determination
12 and shall make available instructions or other materials for requesting
13 an ability-to-pay determination. The person may request an ability-to-
14 pay determination at adjudication or while the judgment remains unpaid,
15 including when a case is delinquent or has been referred to a comprehen-
16 sive collection program.
17 (ii) The local legislative body may allow the person to complete
18 community service in lieu of paying the total fine, may waive or reduce
19 the fine, or may offer an alternative disposition.
20 g. (i) A person who is currently serving, or who completed, a
21 sentence, or who is subject to a fine, for a conviction of a misdemeanor
22 or infraction for street vending, whether by trial or by open or negoti-
23 ated plea, who would not have been guilty of such offense under this
24 section had this section been in effect at the time of the offense, may
25 petition for dismissal of the sentence, fine, or conviction before the
26 trial court that entered the judgment of conviction in their case.
27 (ii) Upon receiving a petition under subparagraph (i) of this para-
28 graph, the court shall presume the petitioner satisfies the criteria in
29 subparagraph (i) of this paragraph unless the party opposing the peti-
30 tion proves by clear and convincing evidence that the petitioner does
31 not satisfy the criteria. If the petitioner satisfies the criteria in
32 subparagraph (i) of this paragraph, the court shall grant the petition
33 to dismiss the sentence or fine, if applicable, and dismiss and seal the
34 conviction, because the sentence, fine, and conviction are legally
35 invalid.
36 (iii) Unless requested by the petitioner, no hearing is necessary to
37 grant or deny a petition filed under subparagraph (i) of this paragraph.
38 (iv) If the court that originally sentenced or imposed a fine on the
39 petitioner is not available, the presiding judge shall designate another
40 judge to rule on the petition.
41 (v) Nothing in this paragraph is intended to diminish or abrogate any
42 rights or remedies otherwise available to the petitioner.
43 (vi) Nothing in this paragraph or related provisions is intended to
44 diminish or abrogate the finality of judgments in any case not falling
45 within the purview of this section.
46 § 3. Subparagraph (vi) of paragraph (k) of subdivision 3 of section
47 160.50 of the criminal procedure law is renumbered subparagraph (vii)
48 and a new subparagraph (vi) is added to read as follows:
49 (vi) the conviction was for an offense defined in subchapter two of
50 chapter three of title seventeen or subchapter twenty-seven of chapter
51 two of title twenty of the administrative code of the city of New York;
52 or
53 § 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
54 procedure law, as amended by chapter 92 of the laws of 2021, is amended
55 to read as follows:
S. 4928 6
1 (k) The judgment occurred prior to the effective date of the laws of
2 two thousand [twenty-one] twenty-five that amended this paragraph and is
3 a conviction for an offense as defined in subparagraphs (i), (ii), (iii)
4 [or], (iv) and (vi) of paragraph (k) of subdivision three of section
5 160.50 of this part, in which case the court shall presume that a
6 conviction by plea for the aforementioned offenses was not knowing,
7 voluntary and intelligent if it has severe or ongoing consequences,
8 including but not limited to potential or actual immigration conse-
9 quences, and shall presume that a conviction by verdict for the afore-
10 mentioned offenses constitutes cruel and unusual punishment under
11 section five of article one of the state constitution, based on those
12 consequences. The people may rebut these presumptions.
13 § 5. Section 436 of the New York city charter, as amended by local law
14 number 102 of the city of New York for the year 1977, is amended to read
15 as follows:
16 § 436. Powers over certain trades. The commissioner shall possess
17 powers of general supervision and inspection over all licensed or unli-
18 censed pawnbrokers, [vendors,] junkshop keepers, junk boatmen, [cart-
19 men,] dealers in second-hand merchandise and auctioneers within the
20 city; and in connection with the performance of any police duties [he]
21 the commissioner shall have power to examine such persons, their clerks
22 and employees and their books, business premises, and any articles of
23 merchandise in their possession. A refusal or neglect to comply in any
24 respect with the provisions of this section on the part of any pawnbrok-
25 er, [vendor,] junkshop keeper, junk boatman, [cartman,] dealer in
26 second-hand merchandise or auctioneer, or any clerk or employee of any
27 thereof shall be triable by a judge of the criminal court and punishable
28 by not more than thirty days' imprisonment, or by a fine of not more
29 than fifty dollars, or both.
30 § 6. Subdivision a of section 17-311 of the administrative code of the
31 city of New York, as amended by local law number 108 of the city of New
32 York for the year 2017, is amended to read as follows:
33 a. Each food vendor shall carry [his or her] their license upon [his
34 or her] their person and it shall be exhibited upon demand to any
35 [police officer,] public health sanitarian or other authorized officer
36 or employee of the city other than a police officer.
37 § 7. Section 17-322 of the administrative code of the city of New York
38 is REPEALED.
39 § 8. Subdivision b of section 17-314 of the administrative code of the
40 city of New York, as amended by local law number 15 of the city of New
41 York for the year 1995, is amended to read as follows:
42 b. Provide to the commissioner or any other authorized officer or
43 employee of the city, other than a police officer, the addresses and
44 names of the owners of such service rooms, commissaries or distributors
45 from whom such licensee receives [his or her] their food and also the
46 address at which such vendor stores [his or her] their food and vehicle
47 or pushcart;
48 § 9. Subdivision j of section 17-315 of the administrative code of the
49 city of New York is amended to read as follows:
50 j. Where exigent circumstances exist and [a police officer or other]
51 an authorized officer or employee of the city, other than a police offi-
52 cer, gives notice to a food vendor to temporarily move from a location
53 such vendor shall not vend from such location. For the purpose of this
54 subdivision, exigent circumstances shall include but not be limited to,
55 unusually heavy pedestrian or vehicular traffic, existence of any
56 obstructions in the public space at or near such location, an accident,
S. 4928 7
1 fire or other emergency situation at or near such location, or a parade,
2 demonstration, or other such event or occurrence at or near such
3 location.
4 § 10. Section 17-321 of the administrative code of the city of New
5 York, subdivision c as amended by local law number 9 of the city of New
6 York for the year 2008, subdivision d as amended by chapter 11 of the
7 laws of 2004, subdivision e as amended by local law number 18 of the
8 city of New York for the year 2021, is amended to read as follows:
9 § 17-321 Enforcement. a. Public health sanitarians or other authorized
10 officers or employees of the department [and], other than police offi-
11 cers, shall have the power to enforce all laws, rules and regulations
12 relating to food vendors. This provision shall in no way restrict any
13 other power granted by law to any officer or employee of the city, other
14 than a police officer.
15 b. If a food vendor does not move [his or her] their vehicle or push-
16 cart when directed to do so by [a police officer or other] an authorized
17 officer or employee of the city, other than a police officer, in compli-
18 ance with the provisions of subdivision k of section 17-315 of this
19 subchapter, such officer or employee may provide for the removal of such
20 vehicle or pushcart to any garage, automobile pound or other place of
21 safety, and the owner or other person lawfully entitled to the
22 possession of such vehicle or pushcart may be charged with reasonable
23 costs for such removal and storage, payable prior to the release of such
24 vehicle or pushcart.
25 c. An officer or employee, other than a police officer, designated in
26 subdivision a of this section may seize any vehicle or pushcart which
27 (i) does not have a permit or (ii) is being used to vend on property
28 owned by the city and under the jurisdiction of a city agency including,
29 but not limited to, the department of parks and recreation or the
30 department of small business services, without the written authorization
31 of the commissioner of such department, or (iii) is being used by an
32 unlicensed vendor, or (iv) is being used to vend in the area including
33 and bounded on the east by the easterly side of Broadway, on the south
34 by the southerly side of Liberty Street, on the west by the westerly
35 side of West Street and on the north by the northerly side of Vesey
36 Street, or (v) is selling food not authorized by the permit, and may
37 seize any food sold or offered for sale from such vehicle or pushcart.
38 Such vehicle, pushcart or food shall be subject to forfeiture as
39 provided in [section 17-322 of] this subchapter. If a forfeiture
40 proceeding is not commenced, the vendor may be charged with the reason-
41 able costs for removal and storage payable prior to the release of such
42 food, vehicle or pushcart unless the charge of vending without a permit
43 or vending without a license or vending without the authorization of
44 such commissioner is dismissed.
45 d. If a food vendor operates any food vending business on any street
46 at any time where and when the operation of any food vending business is
47 prohibited pursuant to the provisions of section 20-465.1 of the code
48 and any rules promulgated pursuant thereto, or if a food vendor operates
49 a food vending business in the area including and bounded on the east by
50 the easterly side of Broadway, on the south by the southerly side of
51 Liberty Street, on the west by the westerly side of West Street and on
52 the north by the northerly side of Vesey Street, any authorized officer
53 or employee of the city [or member of the New York city police depart-
54 ment], other than a police officer, is authorized to provide for the
55 removal of such food vendor's food, vehicle or pushcart to any garage,
56 automobile pound or other place of safety, and the owner or other person
S. 4928 8
1 lawfully entitled to the possession of such vehicle or pushcart or food
2 may be charged with reasonable costs for removal and storage.
3 e. Any notice of violation issued to a food vendor by an officer or
4 employee described in subdivision a of this section, other than a police
5 officer, that is returnable to a tribunal established within the office
6 of administrative trials and hearings or within any agency of the city
7 of New York designated to conduct such proceedings, or to any court of
8 competent jurisdiction, shall state the permit number of the vehicle or
9 pushcart associated with such notice of violation. Any penalty duly
10 imposed by such tribunal, and any fine or penalty imposed by such court,
11 shall be considered to have been issued against the permittee associated
12 with such permit number for the purposes of the non-issuance or renewal
13 of a food vendor permit pursuant to subdivision b of section 17-317 of
14 this subchapter.
15 § 11. Subdivision a and paragraph 1 of subdivision c of section 17-325
16 of the administrative code of the city of New York, paragraph 1 of
17 subdivision c as amended by local law 80 of the city of New York for the
18 year 2021, are amended to read as follows:
19 a. Any person who violates the provisions of subdivision a, b, or c of
20 section 17-307 of this subchapter shall be [guilty of a misdemeanor,]
21 liable only for a civil violation punishable by a fine of not [less than
22 one hundred fifty dollars nor] more than [one thousand dollars,] two
23 hundred fifty dollars [or by imprisonment for not more than three months
24 or by such fine and imprisonment].
25 1. In addition to the penalties prescribed by subdivision a of this
26 section, any person who violates, or any person aiding another to
27 violate, the provisions of subdivision a, b, or c of section 17-307 of
28 this subchapter shall be liable for only a civil penalty of not [less
29 than one hundred fifty dollars nor] more [than one thousand dollars
30 together with a penalty of one hundred dollars per day for every day
31 during which the unlicensed business operated] than two hundred fifty
32 dollars.
33 § 12. Section 17-325.1 of the administrative code of the city of New
34 York, as added by local law number 19 of the city of New York for the
35 year 1994, is amended to read as follows:
36 § 17-325.1 Failure to display and produce license or permit; presump-
37 tive evidence of unlicensed or unpermitted activity. a. In any civil [or
38 criminal] action or proceeding, failure by a food vendor who is required
39 to be licensed pursuant to the provisions of this chapter to display and
40 exhibit upon demand a food vendor's license in accordance with the
41 provisions of this chapter to any [police officer,] public health sani-
42 tarian or other authorized officer or employee of the department or
43 other city agency, other than a police officer, shall be presumptive
44 evidence that such food vendor is not duly licensed.
45 b. In any civil [or criminal] action or proceeding, the failure of any
46 vehicle or pushcart which is required to be permitted pursuant to the
47 provisions of this chapter to have a permit plate affixed thereto in
48 accordance with the provisions of this chapter shall be presumptive
49 evidence that such vehicle or pushcart is not duly permitted.
50 § 13. Subdivision a of section 20-461 of the administrative code of
51 the city of New York is amended to read as follows:
52 a. Each general vendor shall carry [his or her] their license on [his
53 or her] their person and it shall be exhibited upon demand to any
54 [police officer,] authorized officer or employee of the department or
55 other city agency, other than a police officer.
S. 4928 9
1 § 14. Section 20-474 of the administrative code of the city of New
2 York is REPEALED.
3 § 15. Subdivisions a and b of section 20-464 of the administrative
4 code of the city of New York, subdivision b as amended by local law 112
5 of the city of New York for the year 1989, are amended to read as
6 follows:
7 a. Permit regular inspections by the department or any authorized city
8 agency, other than the police department, of any goods, vehicle, push-
9 cart or stand used in the operation of the vending business, and of any
10 premises used by [him or her] them for the storage or preparation of
11 goods intended to be vended in such business;
12 b. Provide to the commissioner, or other authorized officer or employ-
13 ee of a city agency, other than a police officer, requesting such infor-
14 mation, on a semi-annual basis, or more often if required by regulation
15 promulgated by the Commissioner, the address and name of the owners or
16 the manufacturers, suppliers or distributors from whom the licensee
17 receives [his or her] their goods and also the address at which the
18 licensee stores [his or her] their goods or any vehicle, pushcart or
19 stand used in the operation of the vending business;
20 § 16. Subdivision k of section 20-465 of the administrative code of
21 the city of New York is amended to read as follows:
22 k. Where exigent circumstances exist and [a police officer or other]
23 an authorized officer or employee of any city agency, other than a
24 police officer, gives notice to a general vendor to temporarily move
25 from any location such general vendor shall not vend from such location.
26 For the purposes of this subdivision, exigent circumstances shall
27 include, but not be limited to, unusually heavy pedestrian or vehicular
28 traffic, existence of any obstructions in the public space, an accident,
29 fire or other emergency situation, a parade, demonstration or other such
30 event or occurrence at or near such location.
31 § 17. Subdivisions a and b of section 20-468 of the administrative
32 code of the city of New York are amended to read as follows:
33 a. Authorized officers, other than police officers, and employees of
34 the department [and members of the police department] shall have the
35 power to enforce all laws, rules and regulations relating to general
36 vendors. This provision shall in no way restrict any other power grant-
37 ed by law to an officer or employee of any city agency, other than
38 police officers.
39 b. If a general vendor does not move [his or her] their goods, vehi-
40 cle, pushcart or stand when directed to do so by [a police officer or
41 other] an authorized officer or employee of the city, other than a
42 police officer, in compliance with the provisions of subdivision k of
43 section 20-465 such officer or employee is authorized to provide for the
44 removal of such goods, vehicle, pushcart or stand to any garage, automo-
45 bile pound or other place of safety, and the owner or other person
46 lawfully entitled to the possession of such vehicle, pushcart, stand or
47 goods may be charged with reasonable costs for removal and storage paya-
48 ble prior to the release of such goods, vehicle, pushcart or stand.
49 § 18. Subdivisions c, d, e, and f of subdivision 20-468 of the admin-
50 istrative code of the city of New York are REPEALED.
51 § 19. Section 20-472 of the administrative code of the city of New
52 York, subdivision a as amended by local law number 63 of the city of New
53 York for the year 1990, subdivision b as amended by local law number 38
54 of the city of New York for the year 2013, subdivision c as amended by
55 local law number 80 of the city of New York for the year 2021, and
S. 4928 10
1 subdivision e as amended by local law number 14 of the city of New York
2 for the year 1995, is amended to read as follows:
3 § 20-472 Penalties. a. Any person who violates the provisions of
4 sections 20-453 and 20-474.1 of this subchapter shall be [guilty of a
5 misdemeanor] liable for only a civil violation punishable by a fine of
6 not [less] more than two hundred fifty dollars [nor more than one thou-
7 sand dollars, or by imprisonment for not more than three months or by
8 both such fine and imprisonment. In addition, any police officer may
9 seize any vehicle used to transport goods to a general vendor, along
10 with the goods contained therein, where the driver is required to but
11 cannot produce evidence of a distributor's license. Any vehicle and
12 goods so seized may be subject to forfeiture upon notice and judicial
13 determination. If a forfeiture proceeding is not commenced, the owner or
14 other person lawfully entitled to possession of such vehicle and goods
15 may be charged with the reasonable cost for removal and storage payable
16 prior to the release of such vehicle and goods, unless the charge of
17 unlicensed distributing has been dismissed].
18 b. Except as provided in subdivision a of this section, a person who
19 violates any provision of this subchapter or any of the rules or regu-
20 lations promulgated hereunder shall be guilty of an offense punishable
21 by the court as follows:
22 1. For the first violation, a fine of not less than twenty-five nor
23 more than fifty dollars.
24 2. For the second violation issued for the same offense within a peri-
25 od of two years of the date of a first violation, a fine of not less
26 than fifty dollars nor more than one hundred dollars.
27 3. For a third violation issued for the same offense within a period
28 of two years of the date of a first violation, a fine of not less than
29 one hundred dollars nor more than two hundred [and] fifty dollars.
30 4. For any subsequent violations issued for the same offense within a
31 period of two years of the date of a first violation, a penalty of not
32 more than five hundred dollars.
33 c. 1. [In addition to the penalties prescribed by subdivision a of
34 this section, any person who violates, or any person aiding another to
35 violate, the provisions of section 20-453 of this subchapter shall be
36 liable for a civil penalty of two hundred fifty dollars together with a
37 penalty of two hundred fifty dollars per day for every day during which
38 the unlicensed business operated; except that a person who violates, or
39 any person aiding another to violate, the provisions of section 20-453
40 of this subchapter by engaging in continued unlicensed activity as
41 defined by the commissioner, considering factors including but not
42 limited to the frequency and duration of such unlicensed activity, shall
43 be liable for a civil penalty of one thousand dollars together with a
44 penalty of two hundred fifty dollars per day for every day during which
45 the unlicensed business operated.
46 2.] In addition to the penalties prescribed by subdivision b of this
47 section, any person who violates any of the provisions of this subchap-
48 ter, other than section 20-453, or any of the rules and regulations
49 promulgated hereunder shall be liable for a civil penalty as follows:
50 (a) For the first violation, a penalty of twenty-five dollars.
51 (b) For the second violation issued for the same offense within a
52 period of two years of the date of a first violation, a penalty of fifty
53 dollars.
54 (c) For the third violation issued for the same offense within a peri-
55 od of two years of the date of a first violation, a penalty of not less
56 than one hundred dollars nor more than two hundred fifty dollars.
S. 4928 11
1 (d) For any subsequent violations issued for the same offense within a
2 period of two years of the date of a first violation, a penalty of [two
3 hundred and fifty] not more than five hundred dollars.
4 [3.] 2. Notwithstanding any inconsistent provision of this subdivi-
5 sion, a person shall be subject to a civil penalty of zero dollars for a
6 first violation of subdivision b of section 20-461 of this subchapter or
7 any rule or regulation promulgated thereunder. The notice of violation
8 for such first violation shall inform the respondent of the provision of
9 law or rule that the department believes the respondent has violated,
10 describe the condition or activity that is the basis for the notice of
11 violation, and advise the respondent that the law authorizes civil
12 penalties for such violation and that subsequent violations may result
13 in the imposition of such civil penalties. Any person who violates
14 subdivision b of section 20-461 of this subchapter or any rule or regu-
15 lation promulgated thereunder shall be subject to a civil penalty of
16 twenty-five dollars for a second violation and a civil penalty of fifty
17 dollars for a third or subsequent violation.
18 d. A proceeding to recover any civil penalty authorized pursuant to
19 the provisions of subdivision c of this section shall be commenced by
20 the service of a notice of violation which shall be returnable to the
21 environmental control board. The board shall have the power to impose
22 the penalties prescribed by subdivision c of this section.
23 e. Any person who violates the provisions of sections 20-465 and
24 20-465.1 of this subchapter and any rules promulgated thereunder shall
25 be [guilty of a misdemeanor] liable for only a civil violation punisha-
26 ble by a fine of not more than [five hundred dollars, or by imprisonment
27 for not more than thirty days or by both such fine and imprisonment] two
28 hundred fifty dollars.
29 § 20. Section 20-474.3 of the administrative code of the city of New
30 York, as added by local law number 19 of the city of New York for the
31 year 1994, is amended to read as follows:
32 § 20-474.3 Failure to produce license; presumptive evidence of unli-
33 censed activity. a. In any civil [or criminal] action or proceeding,
34 failure by a general vendor who is required to be licensed pursuant to
35 the provisions of this subchapter to exhibit upon demand a general
36 vendor's license in accordance with the provisions of this subchapter to
37 any [police officer or] authorized officer or employee of the department
38 or other city agency, other than a police officer, shall be presumptive
39 evidence that such general vendor is not duly licensed.
40 b. In any civil [or criminal] action or proceeding, failure by any
41 person who is required to obtain a distributor's license pursuant to the
42 provisions of this subchapter, or failure by the driver of such person,
43 to exhibit upon demand a distributor's license in accordance with the
44 provisions of this subchapter to any [police officer or] authorized
45 officer or employee of the department or other city agency, other than a
46 police officer, shall be presumptive evidence that such person is not
47 duly licensed.
48 § 21. This act shall take effect immediately.
