2006 New York Code - Licenses, Permits Required; Restrictions; Term.

 
    §  17-307  Licenses,  permits  required;  restrictions; term. a. 1. It
  shall be unlawful for any individual to act as  a  food  vendor  without
  having  first  obtained  a  license  therefor  from  the commissioner in
  accordance with the provisions of this subchapter.
    2. In addition to the conditions set forth in section 17-310  of  this
  subchapter  a  license  shall be renewable by the licensee provided that
  the licensee meets all other requirements for renewal, the  license  has
  not  been  revoked  or  suspended  and  the licensee has not committed a
  violation or violations which could be a basis for license revocation or
  suspension.
    b. 1. It shall be unlawful to vend food from any vehicle  or  pushcart
  in  a  public  space  without  having  first  obtained a permit for such
  vehicle or  pushcart  from  the  commissioner  in  accordance  with  the
  provisions   of   this  subchapter.  The  commissioner  shall  establish
  standards  relating  to  the  size  and  design  of  such  vehicles  and
  pushcarts. No vendors shall vend from any vehicle or pushcart which does
  not comply with the standards established by the commissioner. No vendor
  shall vend from other than a vehicle or pushcart.
    2.  (a) On and after July thirtieth, nineteen hundred eighty-three, no
  new full-term permits shall be issued until the number of  such  permits
  which are in effect is less than three thousand. Thereafter, the maximum
  number  of  such  permits which may be in effect shall be three thousand
  and no new permits shall be issued in excess  of  such  maximum  number.
  Notwithstanding  the  limitations  on  the  issuance  of  new  full-term
  permits, a permit issued  prior  to  July  thirtieth,  nineteen  hundred
  eighty-three  which  is  in effect shall be renewable by the licensee to
  whom the permit was issued subject to the provisions of subparagraph (f)
  of this paragraph and provided that all other requirements  for  renewal
  under  the  provisions  of  this  subchapter  and  any rules promulgated
  pursuant thereto are complied with, the license of the  person  to  whom
  the  permit  was  issued or the permit has not been revoked or suspended
  and the licensee has not committed a violation or violations which could
  be a basis for permit or license revocation or suspension.
    (b)(i) On and after March  fifteenth,  nineteen  hundred  ninety-five,
  without  increasing  the  number  of  full-term  permits which may be in
  effect in accordance  with  subparagraph  (a)  of  this  paragraph,  two
  hundred  full-term  permits  shall  be designated for use exclusively in
  specified boroughs as follows:
    (A) fifty of  such  full-term  permits  shall  authorize  the  holders
  thereof to vend food from any vehicle or pushcart in any public place in
  the  borough  of  the  Bronx  where food vendors are not prohibited from
  vending;
    (B) fifty of  such  full-term  permits  shall  authorize  the  holders
  thereof to vend food from any vehicle or pushcart in any public place in
  the  borough  of  Brooklyn  where  food  vendors are not prohibited from
  vending;
    (C) fifty of  such  full-term  permits  shall  authorize  the  holders
  thereof to vend food from any vehicle or pushcart in any public place in
  the  borough  of  Queens  where  food  vendors  are  not prohibited from
  vending; and
    (D) fifty of  such  full-term  permits  shall  authorize  the  holders
  thereof to vend food from any vehicle or pushcart in any public place in
  the  borough of Staten Island where food vendors are not prohibited from
  vending.
    (ii) After the initial issuance  of  such  permits,  the  commissioner
  shall  establish  a  separate  waiting  list  for  each  of the relevent
  boroughs  to  be  administered  in  accordance  with  procedures  to  be


  established  by  rules of the commissioner. The commissioner may by rule
  limit the number of places on each such waiting list.
    (c)   On  and  after  January  first,  nineteen  hundred  ninety-five,
  full-term permits shall be issued only to persons who  at  the  time  of
  application  for  a  permit  have  not had a full-term permit revoked or
  suspended and who satisfy the commissioner that they are fit and able to
  conduct,  maintain  or  operate  a  food  vending  business.  Except  as
  otherwise  provided  in  item  (B) of clause (ii) of subparagraph (a) of
  paragraph three of subdivision f of this section,  no  person  shall  be
  issued more than one permit, whether full-term or temporary.
    * (d)  (i)  The  issuance or renewal of a full-term permit pursuant to
  this subchapter shall be subject to the permittee  within  three  months
  after  the certification of a complete application therefor presenting a
  pushcart or vehicle for inspection by  the  department  and  within  six
  months after such certification, passing such inspection.
    (ii)  Notwithstanding  the  provisions  of subparagraph (d)(i) of this
  paragraph,  where  a  permittee  with  a  certification  of  a  complete
  application  for  the  renewal  of  a full-term permit issued or renewed
  pursuant to this subchapter failed to present his  or  her  pushcart  or
  vehicle  for  inspection  within six months after such certification and
  such full-term permit expired on or after May first,  two  thousand  and
  four and before November first, two thousand and four, the provisions of
  such  subparagraph  (d)(i)  shall not apply if such permittee presents a
  pushcart or vehicle for inspection by the department within thirty  days
  after  the  effective date of the local law that added this subparagraph
  (d)(ii), and submits proof, in such form and manner as determined by the
  department, that,  at  any  point  within  the  six  months  after  such
  certification,  such  permittee  suffered from a serious medical illness
  and/or  was  hospitalized.  Where  such  permittee   meets   all   other
  requirements  for  renewal pursuant to the provisions of this subchapter
  and any rules promulgated pursuant thereto, the commissioner shall renew
  such full-term permit as soon as  practicable;  provided,  however,  the
  commissioner shall not exceed the maximum number of full-term permits as
  set forth in paragraph two of subdivision b of this section.
    * NB Effective until October 1, 2006
    * (d)  The  issuance or renewal of a full-term permit pursuant to this
  subchapter shall be subject to the permittee within three  months  after
  the  certification  of  a  complete  application  therefor  presenting a
  pushcart or vehicle for inspection by  the  department  and  within  six
  months after such certification, passing such inspection.
    * NB Effective October 1, 2006
    (e)  The  commissioner shall establish a separate waiting list for the
  issuance  of  full-term  permits  pursuant  to  this  subchapter  to  be
  administered  in accordance with requirements to be established by rules
  of the commissioner. The commissioner may by rule limit  the  number  of
  places on such waiting list.
    (f)  Except  as  otherwise  provided  in  item  (B)  of clause (ii) of
  subparagraph (a) of paragraph three of subdivision f of this section, on
  and after January first,  nineteen  hundred  ninety-six,  and  on  every
  renewal  date  thereafter,  a  permit holder may not renew more than one
  permit, whether full-term or temporary. Such  permit  shall  be  renewed
  provided that all other requirements for renewal under the provisions of
  this  subchapter and any rules promulgated pursuant thereto are complied
  with, the license of the person to whom the permit  was  issued  or  the
  permit  has  not  been  revoked  or  suspended  and  such person has not
  committed a violation or violations which could be a basis for permit or
  license suspension or revocation.


    3. (a)  Notwithstanding  the  provisions  of  paragraph  two  of  this
  subdivision limiting the number of full-term permits that are authorized
  to  be issued, the commissioner may issue up to a maximum of one hundred
  additional full-term permits authorizing the  holders  thereof  to  vend
  food from any vehicle or pushcart in any public place in the city of New
  York  where  food  vendors are not prohibited from vending. Such permits
  shall be issued only to natural persons who at the time  of  application
  for  a  permit  hereunder  are  not holders of a full-term permit issued
  pursuant to paragraph two of this subdivision and who  have  not  had  a
  full-term  permit  revoked  or suspended. No person shall be issued more
  than one permit. Such permits shall be issued  in  the  order  in  which
  applications  for  such  permits  are  received  in  accordance with the
  preferences specified in subparagraph (b)  of  this  paragraph  and  the
  procedures established by the commissioner. The issuance or renewal of a
  full-term  permit  pursuant  to  this  paragraph shall be subject to the
  permittee within three months after  the  certification  of  a  complete
  application  therefor presenting a pushcart or vehicle for inspection by
  the department and, within six months after such certification,  passing
  such  inspection.  After  the  initial  issuance  of  such  permits, the
  commissioner shall establish a waiting list, not to exceed four  hundred
  in  number,  to  be  administered  in  accordance  with procedures to be
  established by rules of the commissioner.
    (b) Preferences shall be given in the issuance of permits pursuant  to
  this  paragraph  and  in  the  placement  on  such  waiting  list to the
  following categories of persons in the following order:
    (i) Veterans who on August second, nineteen hundred ninety-one held  a
  valid  general  vendor's  license  issued  by the department of consumer
  affairs pursuant to subchapter twenty-seven  of  chapter  two  of  title
  twenty of the code by virtue of having claimed a disability.
    (ii) Disabled veterans.
    (iii) Disabled persons.
    (iv) Veterans.
    (c)  A  person who has been issued a permit pursuant to this paragraph
  shall not be  eligible  to  obtain  a  full-term  permit  authorized  by
  paragraph  two  of  this subdivision if at the time of application for a
  full-term permit authorized by such  paragraph  two  such  person  is  a
  holder  of  a full-term permit issued pursuant to this paragraph or such
  person has had a full-term permit  issued  pursuant  to  this  paragraph
  revoked or suspended.
    c.  It  shall  be  unlawful for any person to operate a commissary, or
  place of food distribution, or a place wherein five or  more  pushcarts,
  or more than one vehicle are stored, without first obtaining a permit.
    d.  A  food  vendor's license shall entitle the holder thereof to vend
  any food which the commissioner or  board  may  authorize  or  otherwise
  approve.   No food vendor while acting as such shall vend any item which
  the commissioner or board has not authorized or otherwise approved.
    e. All licenses and permits issued pursuant to this  subchapter  shall
  be  valid  for  two  years  unless  sooner  suspended  or  revoked.  The
  commissioner may issue such licenses and permits to  expire  at  various
  times during a year. To achieve such staggered expiration dates, initial
  licenses or permits may be issued for a period up to three years.
    f.  1.  The commissioner may issue temporary licenses and permits upon
  the furnishing of information and an application in such form and detail
  as such commissioner may prescribe and the payment of a fee pro-rated in
  accordance with the schedule of fees set forth in section 17-308 of this
  subchapter, but in no event shall the fee for such temporary license  be
  less  than ten dollars or the fee for such temporary permit be less than
  fifteen dollars.


    2. In addition to the conditions set forth in section 17-310  of  this
  subchapter a temporary license shall be renewable by the licensee within
  one  year  of  its  expiration date provided that the licensee meets all
  other requirements for renewal, the license  has  not  been  revoked  or
  suspended  and  the licensee has not committed a violation or violations
  which could be a basis for license revocation or suspension.
    3. (a) (i) On and after July thirtieth, nineteen hundred eighty-three,
  no new temporary permits shall  be  issued  until  the  number  of  such
  permits  which  are in effect is less than one thousand. Thereafter, the
  maximum number of such permits which may  be  in  effect  shall  be  one
  thousand  and  no  new permits shall be issued in excess of such maximum
  number. Notwithstanding the limitations on the issuance of new temporary
  permits, a temporary permit issued prior  to  July  thirtieth,  nineteen
  hundred  eighty-three  shall  be  renewable  by the licensee to whom the
  permit was issued within one year of its expiration date subject to  the
  provisions  of  clause  (ii)  of this subparagraph and provided that all
  other requirements for renewal under the provisions of  this  subchapter
  and  any  rules  promulgated  pursuant  thereto  are  complied with, the
  license of the person to whom the permit was issued or  the  permit  has
  not  been  revoked  or  suspended  and  the licensee has not committed a
  violation or violations which could be a basis  for  license  or  permit
  revocation or suspension.
    (ii)(A)  Except  as  otherwise provided in item (B) of this clause, on
  and after January first,  nineteen  hundred  ninety-six,  and  on  every
  renewal  date  thereafter,  a  permit holder may not renew more than one
  permit, whether full-term or temporary. Such  permit  shall  be  renewed
  provided that all other requirements for renewal under the provisions of
  this  subchapter and any rules promulgated pursuant thereto are complied
  with, the license of the person to whom the permit  was  issued  or  the
  permit  has  not  been  revoked  or  suspended  and  such person has not
  committed a violation or violations which could be a basis for permit or
  license suspension or revocation.
    (B)(I) Notwithstanding any other provision of law to the contrary,  on
  and  after the effective date of the local law which added this subitem,
  any person who is an exclusive distributor or a manufacturer of  a  food
  product  and  who on February third, nineteen hundred ninety-five was an
  exclusive distributor or a manufacturer of such food  product  who  held
  more  than  one temporary permit issued pursuant to this subchapter, may
  be issued the number of additional temporary permits such person held on
  February third, nineteen  hundred  ninety-five  and,  in  addition,  may
  continue to hold one full-term permit issued pursuant to this subchapter
  if  such exclusive distributor or manufacturer held one full-term permit
  issued pursuant to this subchapter on the effective date  of  the  local
  law  which  added  this  subitem.  A  written  agreement  evidencing  an
  exclusive distributorship shall be proof satisfactory that an  applicant
  for  multiple  temporary  permits was an exclusive distributor of a food
  product on February  third,  nineteen  hundred  ninety-five  and  is  an
  exclusive  distributor  of  such  food  product  at  the  time  of  such
  application. Any written agreement evidencing an applicant's  status  as
  an exclusive distributor on February third, nineteen hundred ninety-five
  shall have been in effect on such date.
    (II)  Any  person  who  is  eligible  for  the  issuance of additional
  temporary permits pursuant to subitem (I) of this item shall be issued a
  maximum of sixty temporary permits.
    (III) Additional temporary permits shall be issued pursuant to subitem
  (I) of this item only to persons who are eligible therefor who have  not
  at  the  time of application for such additional temporary permits had a
  permit issued pursuant to this subchapter revoked or suspended  and  who


  satisfy the commissioner that they are fit and able to conduct, maintain
  and  operate  a  food  vending  business.  Such permits shall be renewed
  provided that all other requirements for renewal under the provisions of
  this  subchapter and any rules promulgated pursuant thereto are complied
  with, the license of the person to whom the permits were issued  or  the
  permits  have  not  been  revoked  or  suspended and such person has not
  committed a violation or violations which would be a basis for permit or
  license suspension or revocation.
    (IV) Nothing contained in subitem (I) of this item shall be  construed
  as  authorizing the issuance of full-term or temporary permits in excess
  of the numbers of such permits that are authorized to be issued pursuant
  to paragraph two of subdivision b of this section or clause (i) of  this
  subparagraph.
    (b)   On  and  after  January  first,  nineteen  hundred  ninety-five,
  temporary permits shall be issued only to persons who  have  not  had  a
  temporary  permit  revoked or suspended and who satisfy the commissioner
  that they are fit and able  to  conduct,  maintain  or  operate  a  food
  vending business.
    (c)  The  issuance  or  renewal of a temporary permit pursuant to this
  subchapter shall be subject to the permittee within three  months  after
  the  certification  of  a  complete  application  therefor  presenting a
  pushcart or vehicle for inspection by  the  department  and  within  six
  months after such certification, passing such inspection.
    (d)  The  commissioner shall establish a separate waiting list for the
  issuance  of  temporary  permits  pursuant  to  this  subchapter  to  be
  administered in accordance with procedures to be established by rules of
  the  commissioner.  The  commissioner  may  by  rule limit the number of
  places on such waiting list.
    (e) Temporary permits and temporary licenses issued pursuant  to  this
  subchapter  shall  be  valid only during the period of time beginning on
  April first and ending on October thirty-first of each calendar year.
    g. For purposes of determining the number of  full-term  or  temporary
  permits  held  by  a  permittee pursuant to subdivisions b and f of this
  section, the following provisions shall apply:
    1. A natural person shall be deemed to hold the full-term or temporary
  permits issued in the name of such natural person's unemancipated child,
  a partnership in which such natural person is a partner,  a  corporation
  in  which such natural person in an officer, director or shareholder, or
  a limited liability company in which such natural person  is  a  member,
  manager or officer.
    2.  A  corporation  shall be deemed to hold the full-term or temporary
  permits issued in the name of:
    (a) an officer, director or shareholder of such corporation;
    (b)  another  corporation  where  such  corporation  and  such   other
  corporation  share  a  common  officer, director or shareholder, or such
  corporation or any of its officers, directors or  shareholders  has  any
  direct or indirect interest in such other corporation;
    (c)  a  limited liability company where such corporation or any of its
  officers, directors or shareholders is a member, manager or  officer  of
  such  limited  liability  company,  or  such  corporation  or any of its
  officers, directors or shareholders has any direct or indirect  interest
  in such limited liability company; or
    (d)  a  partnership  where  such  corporation  or any of its officers,
  directors or shareholders is a partner  in  such  partnership,  or  such
  corporation  or  any  of its officers, directors or shareholders has any
  direct or indirect interest in such partnership.
    3. A limited liability company shall be deemed to hold  the  full-term
  or temporary permits issued in the name of:


    (a) a member, manager or officer of such limited liability company;
    (b)  another  limited  liability  company where such limited liability
  company and such other limited liability company share a common  member,
  manager  or  officer,  or  such  limited liability company or any of its
  members, managers or officers has any direct  or  indirect  interest  in
  such limited liability company;
    (c)  a  corporation where such limited liability company or any of its
  members, managers or officers is an officer, director or shareholder  in
  such  corporation,  or  such  limited  liability  company  or any of its
  members, managers or officers has any direct  or  indirect  interest  in
  such corporation; or
    (d)  a  partnership where such limited liability company or any of its
  members, managers or officers is a partner in such partnership, or  such
  limited  liability  company  or any of its members, managers or officers
  has any direct or indirect interest in such partnership.
    4. A partnership shall be deemed to hold the  full-term  or  temporary
  permits issued in the name of:
    (a) a partner of such partnership;
    (b)  another  partnership  where such partnership is a partner in such
  other partnership, such partnership and such other partnership  share  a
  common  partner,  or  such  partnership  or  any of its partners has any
  direct or indirect interest in such other partnership;
    (c) a corporation where such partnership or any of its partners is  an
  officer,   director   or   shareholder  in  such  corporation,  or  such
  partnership or any of its partners has any direct or  indirect  interest
  in such corporation; or
    (d)  A  limited liability company where such partnership or any of its
  partners is a member, manager  or  officer  in  such  limited  liability
  company,  or  such  partnership or any of its partners has any direct or
  indirect interest in such limited liability company.