2006 New York Code - Newsstands Installed And Maintained Pursuant To A Franchise.

 
    §  20-241.1  a.  Newsstands  installed  and  maintained  pursuant to a
  franchise. a. Construction. Upon the grant of  a  franchise,  no  person
  shall  construct  or install a newsstand other than a franchisee granted
  such a franchise. Newsstands installed and maintained pursuant to such a
  franchise shall comply with all applicable law, rules and regulations.
    b. Transition. Upon the grant of a franchise, each licensee  operating
  or maintaining a newsstand licensed pursuant to this subchapter shall be
  provided  with  reasonable notice when such newsstand structure is to be
  replaced by a  newsstand  installed  and  maintained  pursuant  to  such
  franchise at a location approved by the department of transportation and
  instructions  for  applying  for  a  replacement  newsstand  within  the
  catchment area of such newsstand. Such replacement shall be  subject  to
  contractual  incentives  and/or  penalties,  if  any,  to  ensure timely
  replacement of the newsstand pursuant to such  franchise.  The  licensee
  shall  have  the  option  of  removing  the  existing  structure or such
  structure shall be removed by the  franchisee  granted  such  franchise.
  Operation  of  the  newsstand licensed pursuant to this subchapter shall
  cease during such time as the newsstand is replaced. Upon being notified
  of the completion of the replacement of the newsstand, the licensee  may
  resume  operation  pursuant  to  the terms of his or her license and the
  provisions of this subchapter.
    c. Costs. 1. The cost of constructing  and  installing  a  replacement
  newsstand by the franchisee pursuant to such franchise shall be borne by
  the   franchisee   in  accordance  with  such  franchise.  The  cost  of
  constructing and installing a newsstand by the  franchisee  pursuant  to
  such franchise, which newsstand is not a replacement newsstand, shall be
  borne by the licensee of such newsstand in accordance with paragraph two
  of this subdivision.
    2.  A  licensee  who  maintains  or operates a newsstand that is not a
  replacement newsstand and that has been constructed and installed by the
  franchisee pursuant to such franchise shall reimburse the franchisee for
  the cost of such construction and installation, which cost shall include
  costs associated with any interior electric and/or telephone hook-ups to
  the newsstand structure. The department shall determine  the  applicable
  construction  and  installation  costs  for  purposes of this paragraph,
  which costs shall be limited to the costs incurred by the franchisee and
  certified by the franchisee to the department.
    d. Fees. A licensee  licensed  to  maintain  or  operate  a  newsstand
  constructed  and  installed by the franchisee pursuant to such franchise
  shall be liable for the payment to the department of  the  biennial  fee
  for  a  license  to  operate  a  newsstand  payable  in  accordance with
  subdivision b of section 20-230 of the code.
    e. Enforcement. Notwithstanding any other  provision  of  law  to  the
  contrary,  the  commissioner  shall  be  authorized, after notice and an
  opportunity to be heard, to order any person who is unlawfully operating
  a newsstand that has been constructed or installed  by  a  person  other
  than  the  franchisee  in  violation of subdivision a of this section to
  remove such newsstand within seven days of the issuance of  such  order.
  Such  order  shall  be posted at the premises of such newsstand. If such
  person does not remove such newsstand within seven days of the  issuance
  of such order, an authorized officer or employee of any city agency or a
  police officer is authorized to provide for the removal of such person's
  newsstand  and  the  contents  thereof  to  a  place  of safety. If such
  newsstand or the contents thereof are not  claimed  within  thirty  days
  after  their  removal,  they  shall be deemed to be abandoned and may be
  either sold at a public auction after having been advertised in the City
  Record, the proceeds thereof being paid into the general fund,  used  or
  converted for use by the department or another city agency, or otherwise


  disposed  of.  Newsstands  and  the  contents  thereof  that are removed
  pursuant to this subdivision shall be released to  the  owner  or  other
  person  lawfully  entitled  to  possession upon payment of the costs for
  removal  and storage and any civil penalty imposed for the violation or,
  if an action or proceeding  for  the  violation  is  pending,  upon  the
  posting of a bond or other form of security acceptable to the department
  in an amount which will secure the payment of such costs and any penalty
  which  may  be  imposed for the violation. In the event that any removal
  made pursuant to this subdivision shall include  any  perishable  items,
  goods, or food products which cannot be retained in custody without such
  items,  goods, or food products becoming unwholesome, putrid, decomposed
  or unfit in any way, they may be delivered to the commissioner of health
  and mental hygiene for disposition pursuant to the provisions of section
  17-323 of this code.