Bill Text: NY S00331 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Directs cities having a population of two million or more to establish a vendor policy commission to review and make recommendations on the laws and rules applicable to street vendors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CITIES [S00331 Detail]

Download: New_York-2017-S00331-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           331
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to provide for the establishment of a vendor policy commission in
          cities having a population of two million or more
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. There shall be established in each city having a population
     2  of  two million or more a vendor policy commission. Each such commission
     3  shall be composed of 9 members, as follows:
     4    (a)  the  commissioner  of  the  city  department  of  small  business
     5  services, or his or her designee;
     6    (b)  the  director  of the city department of city planning, or his or
     7  her designee;
     8    (c) the commissioner of the city department of transportation, or  his
     9  or her designee;
    10    (d)  the  commissioner  of  the  city  department of health and mental
    11  hygiene, or his or her designee;
    12    (e) the commissioner of the city department of  consumer  affairs,  or
    13  his or her designee; and
    14    (f)  four  members  appointed by the mayor, upon the nomination of the
    15  speaker of city council, of whom:
    16    (1) one shall be a representative of an  organization  that  advocates
    17  for or provides services to street vendors in the city,
    18    (2)  one  shall be a representative of a business improvement district
    19  in the city,
    20    (3) one shall  be  a  representative  of  an  established  chamber  of
    21  commerce in the city, and
    22    (4) one shall be a representative of an immigrant advocacy or services
    23  organization in the city.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00155-01-7
        S. 331                              2
     1    §  2.  Each  vendor  policy  commission shall, after review, study and
     2  receipt of public comment, and concurrence of a majority of its members,
     3  issue a report and promulgate recommendations relating to the local laws
     4  and regulations governing the operation of general  vending  businesses,
     5  as  defined  in section 20-452 of the administrative code of the city of
     6  New York, and food vending businesses, as defined in section  17-306  of
     7  the  administrative  code  of the city of New York. Such report shall be
     8  submitted to the mayor and the city council, and made available  to  the
     9  public within 6 months of the effective date of this act. Such recommen-
    10  dations shall include, but not be limited to, the following issues:
    11    (a) the lifting of the cap on street vendor permits;
    12    (b)  establishing  and  enforcing a process to rescind the licenses of
    13  licensees who illegally rent out credentials;
    14    (c) the establishment of zoning regulations and  incentive  structures
    15  that  reduce  congestion  and  lead  to a more efficient distribution of
    16  vendor locations;
    17    (d) the creation of a letter grading system for mobile food vendors;
    18    (e) the implementation of a system of fines that reduces penalties for
    19  minor violations and focuses on  serious  health,  safety,  traffic  and
    20  sanitation violations;
    21    (f)  the  establishment  and  promotion of designated community spaces
    22  where street vendors can congregate to sell  food  without  exacerbating
    23  congestion; and
    24    (g)  the  creation  of  a mediation process whereby street vendors and
    25  adjacent business owners can resolve conflicts.
    26    § 3. Each commission shall have the power to:
    27    (a) appoint a chairperson by majority vote of its  designated  member-
    28  ship;
    29    (b)  recommend  to the mayor and the city council such legislation and
    30  rules as it shall deem necessary to implement its recommendations; and
    31    (c) in the same manner as provided in section 1043  of  the  New  York
    32  city  charter,  promulgate  and  amend,  on  an ongoing basis, the rules
    33  governing street vendors, when such rules are  within  the  purview  and
    34  enumerated powers of one or more of the city agencies represented in the
    35  membership of the commission.
    36    § 4. This act shall take effect immediately.