Proposed Int. No. 431-A
By Council Members Sanchez, Farías, De La Rosa, Krishnan, Hanif, Ayala, Ossé, Cabán, Nurse, Marte, Restler, Gutiérrez, Won, Avilés, Hudson, Louis, the Public Advocate (Mr. Williams), Salaam, Feliz, Brannan, Banks, Abreu, Brewer, Joseph, Menin, Salamanca, Riley, Powers, Schulman, Brooks-Powers, Lee and Stevens (in conjunction with the Queens and Brooklyn Borough Presidents)
A Local Law to amend the administrative code of the city of New York, in relation to expanding business licensing and regulatory compliance of all mobile food and general vendors
Be it enacted by the Council as follows:
Section 1. Section 13-e of the New York city charter, as amended by local law number 117 for the year 2024, is amended to read as follows:
Section 13-e. Office of street vendor enforcement.
There shall be an office of street vendor enforcement, which shall consist of enforcement agents who are specially trained in local laws and rules related to vending on the streets and sidewalks of the city of New York. The office of street vendor enforcement shall be fully operational on or before September 1, 2021 and shall commence enforcement activities on or before such date. Such enforcement activities shall, at a minimum, include a sufficient number of street patrols to inspect or examine the vending activities of at least [75] 80 percent of applicable permittees or licensees on an annual basis. For the purposes of this section, the term "applicable permittees or licensees" means persons issued full-term or temporary permits pursuant to section 17-307 of the administrative code, or persons issued licenses to vend pursuant to sections 17-307 or 17-307.1 of the administrative code, or licenses issued pursuant to section 20-456 of the administrative code. The mayor may establish such office in the executive office of the mayor, within any other office in the executive office of the mayor, or within any department, the head of which is appointed by the mayor. Such office shall have the power and duty to:
a. enforce all local laws and rules related to vending on the streets and sidewalks and in parks of the city of New York, other than such local laws and rules related to food safety, including, but not limited to: section 16-118, subchapter 2 of chapter 3 of title 17, section 18-146, subchapter 27 of chapter 2 of title 20 and chapter 1 of title 24 of the administrative code; article 89 of the health code; and any rules of the city of New York implementing such laws;
b. focus its enforcement efforts on areas including, but not limited to, areas adjacent to retailers that dedicate substantial floor area to the sale of fresh fruits and vegetables, areas that are restricted to vending by sections 17-315 and 20-465 of the administrative code, and any other areas identified by the department of transportation as [excessively congested] a global corridor and featuring a high level of complaints about vendor activity, if any;
c. collaborate with the department of small business services to provide training, outreach and education to all street vendors on entrepreneurship and compliance with all applicable local laws and regulations, as well as solicit feedback from the street vendor community;
d. receive all complaints related to street vending on the streets and sidewalks of the city of New York from the 311 service center or from any other means; and
e. engage in such other activities related to enforcement of laws related to vending on the streets and sidewalks and in parks of the city of New York, or related to improving compliance with such laws, as may be designated by the mayor. For the purposes of this section, "[excessively congested" areas include, but are not limited to, areas where pedestrian volume regularly approaches or exceeds the capacity of the sidewalk] a global corridor” is one of the five street categories assigned by the pedestrian mobility plan pursuant to section 19-199.1 of the administrative code.
§ 2. Subparagraph a of paragraph 3 of subdivision b of section 17-307 of the administrative code of the city of New York, as amended by local law number 18 for the year 2021, is amended to read as follows:
(a) (i) 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 100 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.
(ii) The department shall make available for application [45] 200 supervisory licenses per twelve-month period for [ten] five consecutive years beginning on [July 1, 2022] July 1, 2026. In addition to the 100 permits authorized to be issued by clause (i) of this subparagraph, and notwithstanding the provisions of paragraph two of this subdivision limiting the number of full-term permits authorized to be issued, the department shall make available for application to applicants who comply with the requirements for such supervisory licenses an additional [45] 200 permits per twelve-month period for [ten] five consecutive years beginning on [July 1, 2022] July 1, 2026 and issue a permit to each applicant who complies with the requirements for such permit.
(iii) Supervisory licenses available pursuant to this paragraph shall be made available for application in accordance with the preferences specified in subparagraph (b) of this paragraph and the procedures established by the commissioner.
§ 3. Paragraph 5 of subdivision b of section 17-307 of the administrative code of the city of New York, as amended by local law number 18 for the year 2021, is amended to read as follows:
5. (a) On or after July 1, 2022 all new permits issued under this subchapter, except fresh fruits and vegetables permits, shall be designated for use only when any holder of a supervisory license is physically present and vending. Such requirement shall not apply to a permit issued before July 1, 2022 or a renewal thereof until [July 1, 2032] July 1, 2031. On or after [July 1, 2032] July 1, 2031, all permits issued under this subchapter, except fresh fruits and vegetables permits, shall be designated for use only when any holder of a supervisory license is physically present and vending.
(b) The commissioner shall make available for application [400] 1,800 supervisory licenses per twelve-month period for [ten] five consecutive years beginning on [July 1, 2022] July 1, 2026. Notwithstanding the provisions of this subdivision limiting the total number of full-term permits that are authorized to be issued, the commissioner shall make available a permit application to each license applicant who complies with the requirements for such supervisory license and issue a permit to each permit applicant who complies with the requirements for such permit. On or before [July 1, 2032] July 1, 2031, the commissioner shall make available for application supervisory licenses to any person seeking to renew a permit that was issued under this subchapter before July 1, 2022.
(c) In accordance with procedures to be established by rules of the commissioner, in each twelve month period, [100] 500 of the supervisory licenses made available for application under this paragraph shall be designated for use in any borough, and the remaining [300] 1,500 such supervisory licenses shall be designated for use in boroughs outside of Manhattan.
(d) Preferences shall be given in the availability of applications for supervisory licenses pursuant to this paragraph and in the placement on a waiting list therefor to the following categories of persons in the following order.
(i) Persons who have held a food vendor license continuously since on or before March 1, 2017 and have been on a waiting list for a full-term permit pursuant to subparagraph (e) of paragraph 2 of this subdivision and remain on such list as of the date an application is made available. Applications shall be made available to such persons by order of numerical rank on the waiting list.
(ii) Persons who have been on a waiting list for a full-term permit pursuant to this subchapter and remain on such list as of the date an application is made available but have not held a food vendor license continuously since on or before March 1, 2017. Applications shall be made available to such persons by order of numerical rank on the waiting list.
(iii) Persons who have held a food vendor license continuously since on or before March 1, 2017 but are were not on a waiting list for a full-term permit pursuant to this subchapter as of the effective date of the local law that added this paragraph.
(iv) Persons who have not held a food vendor license continuously since on or before March 1, 2017 and were not on a waiting list for a full-term permit pursuant to this subchapter as of the effective date of the local law that added this paragraph.
(e) The commissioner may by rule limit the number of places on such waiting list, but shall ensure that such waiting list is operative prior to supervisory licenses becoming available to new individuals.
(f) On or by July 1, 2031, the commissioner shall replenish the waiting list in accordance with the preferences of this subchapter.
§ 4. Subdivision h of section 17-307 of the administrative code of the city of New York, as added by local law number 18 for the year 2021, is amended to read as follows:
h. No permit or license, including a supervisory license, shall be issued to a person required to have a permit or license pursuant to this subchapter unless such person obtains a certificate issued by the department subsequent to successful completion of a training developed or approved by the department on the vending restrictions contained in this section and any other information the department deems necessary to the safe operation of such vending unit, and passage of an examination administered by the department. Such training shall include information related to the particular vending restrictions of the prospective license holder. The department shall require renewal of such certificate every four years. Renewal shall be contingent on passing an examination regarding the vending restrictions contained in this section and any other information the department deems necessary to the safe operation of such vending unit pursuant to rules promulgated by the department. Any examinations, or educational materials designed for such training program shall be made available in English and in the ten most common languages spoken by limited English proficient individuals in the city according to the department of city planning. Such educational materials shall be available on the department's website.
§ 5. Section 17-317 of the administrative code of the city of New York is amended by adding a new subdivision g to read as follows:
g. 1. Serious and repeated instances of imminent health hazards or public health hazards, as defined in section 81.03 of the New York city health code, shall provide the basis for commencement of a proceeding to suspend a supervisory license issued pursuant to this subchapter for a period of 30 days. A supervisory licensee shall complete the food protection course offered by the Department of Health and Mental Hygiene pursuant to section 21-02 of title 24 of the rules of the city of New York, regarding food protection courses and fees, prior to the reinstatement of a supervisory license suspended pursuant to this paragraph.
2. A supervisory licensee whose license has been suspended 3 times pursuant to paragraph 1 of this subdivision shall have their supervisory license revoked indefinitely.
§ 6. Section 20-459 of the administrative code of the city of New York is amended to read as follows:
§ 20-459 New licenses; existing licenses. a. The number of licenses in effect pursuant to this subchapter on the first day of September, nineteen hundred seventy-nine shall be the [maximum] minimum number of licenses permitted to be in effect.
b. A license issued pursuant to this subchapter shall be renewable by the licensee upon its expiration or within sixty days of its expiration provided the licensee meets all other requirements for renewal, provided that the license has not been revoked, and provided that the licensee has not committed violations which could be a basis for license revocation under any provision of this subchapter.
c. The commissioner shall make available for application 2,100 additional licenses per twelve-month period for five consecutive years beginning on July 1, 2026.
d. In accordance with procedures to be established by rules of the commissioner, in each twelve month period, 525 of the general vending licenses made available for application under this section shall be designated for use in any borough, and the remaining 1,575 of the general vending licenses shall be designated for use in boroughs outside of Manhattan.
e. The commissioner shall open, establish and maintain a new waiting list for the issuance of general vendor licenses pursuant to this subchapter to be administered in accordance with the requirements to be established by the rules of the commissioner. The commissioner may by rule limit the number of places on such waiting list, but shall ensure that such waiting list is operative prior to the date that additional general vendor licenses become available pursuant to subdivision c of this section.
f. Preferences shall be given in the availability of applications for general vendor licenses and in the placement of the persons on the waiting list established pursuant to subdivision e of this section subject to the following categories and conditions:
1. Persons who satisfy to the commissioner that they are fit and able to conduct, maintain and operate a general vending business; and
2. Persons who have been assigned a priority number by the department to track their application for a general vendor license on a preexisting waiting list maintained pursuant to section 2-319 of title 6 of the rules of the city of New York, regarding waiting list for general vendor licenses. Applications shall be made available to persons on such waiting list based on their position.
g. No persons with two or more convictions of possessing or selling stolen property or trademark counterfeiting pursuant to section 165.40, 165.45, 165.50 or 165.71 of the penal law within two years of the date such persons applies for the waiting list or general vendor license, shall be placed on a waiting list or provided an application for a general vendor license pursuant to this section.
h. The commissioner shall replenish the waiting list in accordance with the provisions of this subchapter.
§ 7. Section 20-465.2 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:
c. The street vendor advisory board shall, prior to June 1 of each year from 2027 through 2031, issue to the speaker of the council a recommendation on whether the department’s authority to issue any or all of the general vendor licenses authorized to be issued by the department should be restricted, expanded, or otherwise altered based on an analysis of the results of the increased number of general vendor licenses issued pursuant to the local law that added this subdivision.
d. On or before June 1, 2031, the street vendor advisory board shall issue a report to the speaker of the council analyzing the impact of the increased number of general vendor licenses and food vendor permits. Such report shall include information from 2027 through 2031 on:
1. The status of all waiting lists pertaining to mobile food vending and general vending;
2. The number of applications made available and the number of licenses or permits issued by the department of health and mental hygiene and the department of consumer and worker protection;
3. The number of street vending related complaints received;
4. The number of street vending related violations issued by category; and
5. Recommendations on whether the department of health and mental hygiene or the department of consumer and worker protection’s authority to issue licenses and permits should be expanded or otherwise altered.
§ 8. Section 20-467 of the administrative code of the city of New York is amended to read as follows:
§ 20-467 Suspension and revocation of license. a. Any license issued pursuant to the provisions of this subchapter may be suspended or revoked by the commissioner upon notice and hearing for any of the following causes:
[a.] 1. Fraud, misrepresentation, or false statements contained in the application for the license;
[b.] 2. Violation of chapter one or subchapter one of chapter five of this title of this code or the regulations promulgated thereto; provided, however, that in the event of a conflict between the provisions of such chapter and subchapter and the provisions of this subchapter, the provisions of this subchapter shall prevail;
[c.] 3. Fraud, misrepresentation, or false statements made in connection with the selling or leasing of any goods or services;
[d.] 4. Four or more violations of any provision of this subchapter or the regulations promulgated thereto in a two-year period;
[e.] 5. Failure to answer a summons or notice of violation, appear for a hearing, or pay a fine or civil penalty imposed pursuant to the provisions of this subchapter or the regulations promulgated hereunder;
[f.] 6. Conviction of possessing or selling stolen property pursuant to section 165.40, 165.45 or 165.50 of the penal law.
b. 1. Findings of serious and persistent violations or uncorrected public health hazards, including but not limited to obstructing pedestrian traffic, obstructing public transit facilities, or occupying more space than is authorized, pursuant to section 20-465, shall provide the basis for commencement of a proceeding to suspend a license issued pursuant to this subchapter for 30 days.
2. A licensee who has had their license suspended 3 times pursuant to paragraph 1 of this subdivision shall have their license revoked indefinitely.
§ 9. This local law takes effect immediately.
SS
LS #8036
11/3/2025