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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3575
SPONSOR: Gonzalez-Rojas TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To legalize and decriminalize sidewalk vending across the state.
SUMMARY OF PROVISIONS:
Section 1. Acknowledges Legislative findings.
Section 2. The general city law is amended by adding a new section 18-e:
Street Vendors. Section 3. Amends section 42 160.50 of criminal proce-
dural law to include subparagraph iv.
Section 4. Amends section 440.10 criminal procedural law to include
requirements of the year 2022, and the offense as defined in subpara-
graph iv.
Section 5. Amends section 436 of New York City Charter to include
commissioner's power of general supervision and inspection over street
vendors.
Section 6. Amends section 17-311 of administrative code to require
street vendors to carry their license subject to inspection by specified
authority members including city employees other than a police officer.
Section 7. Repeals sections 17-313 and 17-322 of administrative code.
Section 8. Amends section 17-314 of administrative code to provide the
commissioner or city employees other than a police officer power to have
a list of names and addresses for vendor's supplier and storage.
Section 9. Amends section 17-315 of administrative code in authorizing
police officers or city employees other than a police officer to request
temporary relocation of street vendors in exigent circumstances.
Section 10. Amends section 17-321 of administrative code to authorize
police officers, department employees, or city employees other than a
police officer's ability to enforce all rules, laws, and regulations on
street vendors.
Section 11. Amends section 17-325 of administrative code to provide
guidelines for punishment for vendors found guilty of violations, limit-
ing to only civil violations and penalties under a certain amount.
Section 12. Amends section 17-325.1 of administrative code to deem the
failure to display or produce a license or permit is sufficient as
presumptive evidence that the vehicle or cart is not permitted.
Section 13. Amends section 20-461 administrative code to require the
display of a license or permit upon request of police officers, depart-
ment employees, or city employees other than a police officer and
outlines guidelines to penalties.
Section 14. Repeals sections 20-463 and 20-474 of administrative code.
Section 15. Amends section 20-464 of administrative code to permit regu-
lar inspections of goods, vehicles, carts, or involved locations by
police officers, department employees, or city employees other than a
police officer on a semi-annual basis or more to meet requirements.
Section 16. Amends section 20-465 of administrative code in defining
circumstances where police officers, department employees, or city
employees other than a police officer may ask a vendor to temporarily
move, as unusual traffic, obstructions of space, emergency, or the
occurrence of an event. Vendors may not conduct business in such
locations.
Section 17. Amends section 20-468 of administrative code to authorize
police officers, department employees, or city employees other than a
police officer to enforce the removal of goods or property at the
owner's expense if they do not move after being notified.
Section 18. Repeals subdivisions c, d, e, and f of subdivision 20-468 of
administrative code.
Section 19. Amends section 20-472 administrative code to include guide-
lines for the penalty of the provisions to be that of a civil violation
having no more than a one thousand dollars fine or no longer than
3-month imprisonment. This section authorizes the penalty of confis-
cation of property by a police officer, with the possibility of forfei-
ture upon notice and judicial determination. Furthermore, this section
outlines the penalty system for statute violations by the number of
violations with minimum and maximum amount for fines per violation
number.
Section 20. Amends section 20-474.3 of administrative code to deem the
failure to display or produce a license or permit, or distributor's
license as sufficient as presumptive evidence that they are not
licensed.
Section 21: Sets effective date.
JUSTIFICATION:
Street Vendors are small business owners, often people of color and
immigrants, who work in public spaces to provide food and other goods to
the greater community. Over the past 30 years, New York City has made it
increasingly difficult for vendors to make a living, through the denial
of vendor permits and the criminalization of the workers in the indus-
try. Without enough permits for vendors, vendors are left to purchase
another person's existing permit for tens of thousands of dollars annu-
ally, or left to operate without a permit.
This bill will require New York City to create a fair and equitable
street vending license program and make sure every street vendor is
licensed. The city will be forbidden from restricting or capping the
number of street vendor licenses. Also, the bill codifies the city's
current policy of having the department of consumer and worker
protection enforce street vendor law instead of the NYPD.
Lastly, this legislation will vacate and expunge street vendors' records
from past citations and misdemeanors related to sidewalk vending and
will lower fines and limit street vending violations to citations (not
allowing for misdemeanors).
LEGISLATIVE HISTORY:
2022: A5081 - reported to cities committee
2021: A5081 - reported to cities committee
2020: A9782 - reported to cities committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
