Sidewalk Stands

NYC Admin. Code tit. 20, ch. 2, subch. 7

in effect

NYC Admin. Code § 20-228 Definitions.

§ 20-228 Definitions. Whenever used in this subchapter, the following shall mean: a. Newsstand. A not readily removable stand or booth operated primarily for the sale of newspapers and periodicals. b. Area occupied. The sidewalk space occupied when a newsstand is in operation including any space occupied by the stand itself, including racks, tables, doors or anything which prevents ordinary use of the sidewalks. c. Franchise. A franchise granted pursuant to chapter fourteen of the city charter to construct, install and maintain newsstands in the city of New York. For purposes of this subchapter, the date upon which a franchise is granted shall be the date on which such franchise is registered in accordance with chapter fourteen of the city charter. d. Franchisee. A person granted a franchise. e. Replacement newsstand. Either (i) a newsstand that replaces a newsstand at the same location, provided that the license pursuant to section 20-229 of this code for the newsstand that is being replaced is in full force and effect on the date such franchise is granted, or (ii) a newsstand constructed and installed at any location approved by the department of transportation to replace a newsstand that the city requires, for any reason, to be permanently removed from the location for which it is licensed, provided such license is in full force and effect at the time removal is required. f. Stoop line stand. A stand or booth operated on a sidewalk for the sale or display of the articles enumerated in subdivision b of section 20-233 of this subchapter, which shall be subject to the restrictions and requirements of sections 20-233 through 20-241.1 of this subchapter. g. Dependent child. A child or stepchild who is financially dependent on a parent or guardian. (Am. L.L. 2021/128, 11/21/2021, eff. 3/21/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029, L.L. 2003/264, and L.L. 2021/128.

NYC Admin. Code § 20-229 License required.

§ 20-229 License required. a. No person shall operate a newsstand or newsstands unless licensed pursuant to this subchapter, and unless such person has no other income, excluding investment income, which exceeds the income such person earns from the operation of the newsstand or newsstands; provided, however, that if such person is a corporation, partnership, limited liability company or other association, each shareholder of such corporation, each partner of such partnership, each member of such limited liability company or each principal of such other association, respectively, shall have no other income, excluding investment income, which exceeds the income such shareholder, partner, member or principal earns from the operation of such newsstand or newsstands. No license shall be issued to a person for the operation of a newsstand that is not a replacement newsstand and that has been constructed and installed by a franchisee pursuant to a franchise unless such operator has reimbursed such franchisee for the costs of construction and installation of such newsstand as determined by the department in accordance with paragraph two of subdivision c of section 20-241 of the code. b. 1. No person shall be issued more than two licenses to operate a newsstand pursuant to this subchapter. 2. For purposes of determining the number of licenses held by a person pursuant to paragraph 1 of this subdivision, the following provisions shall apply: (a) A natural person shall be deemed to hold the license issued in the name of such natural person's dependent child, a partnership in which such natural person is a partner, a corporation in which such natural person is an officer, director or shareholder, or a limited liability company in which such natural person is a member, manager or officer. (b) A corporation shall be deemed to hold the license issued in the name of: (1) An officer, director or shareholder of such corporation; (2) 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; (3) 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 (4) 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. (c) A limited liability company shall be deemed to hold the license issued in the name of; (1) A member, manager or officer of such limited liability company; (2) 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 other limited liability company; (3) 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 (4) 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. (d) A partnership shall be deemed to hold the license in the name of: (1) A partner of such partnership; (2) 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; (3) 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 (4) 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. c. No person applying for or holding a newsstand license shall rent or attempt to rent the newsstand to another person. (Am. L.L. 2021/128, 11/21/2021, eff. 3/21/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029, L.L. 2003/064, and L.L. 2021/128.

NYC Admin. Code § 20-230 Preferences; employment; fee.

§ 20-230 Preferences; employment; fee. a. When there are competing applications for a certain location, a preference in granting a license shall be shown as follows: 1. Disabled veterans; 2. Handicapped persons as defined by the department; 3. Veterans who are not disabled; 4. Persons over the age of sixty-two. b. The biennial fee for a license to operate a newsstand shall be one thousand seventy-six dollars. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029.

NYC Admin. Code § 20-231 Restrictions; size.

§ 20-231 Restrictions; size. a. No newsstand shall be within three feet of private property without the consent of the owner of that property. b. Items other than newspapers, magazines, periodicals, and prepaid telecommunication or transit cards may be offered for sale from a newsstand if they are sold for less than ten dollars exclusive of taxes; provided, however, that apparel, jewelry, hair ornaments, handbags and video cassettes shall not be offered for sale from a newsstand and that if food items are offered for sale, they must be prepackaged. c. No new license shall be issued under section 20-229 unless approval for the location has been obtained from the department of transportation. d. 1. No license issued under section 20-229 shall be renewed if the department of transportation determines that the newsstand so licensed poses an obstruction to the free use of sidewalks by pedestrians at the time of review. 2. On and after the effective date of the local law that adds this paragraph two to this subdivision d of this section, a newsstand shall not be eligible for a renewal if the area of the sidewalk occupied by it exceeds seventy-two square feet or such newsstand exceeds nine feet in height. (a) On and after such date, such newsstand that was first licensed on or after the first day of August, nineteen hundred ninety-one shall not pose an obstruction to the free use of the sidewalks by pedestrians if the location of such newsstand does not (i) reduce the area maintained on the sidewalk for pedestrian movement below a width of nine and one-half feet. (ii) place the proposed newsstand within five feet of a fire hydrant. (iii) create a level of service at the proposed location for the peak fifteen minutes of the peak hour of a pedestrian flow rate equal to or greater than eleven people per minute per linear foot of clear path, as determined by the department of transportation. (iv) place the proposed newsstand within fifteen feet of an entrance to or exit from a subway. (v) extend into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets and the area ten feet on either side of such lines. (vi) extend into a bus stop. (vii) otherwise create a hazardous condition. For purposes of this subparagraph, a hazardous condition shall include, but not be limited to, the location of a newsstand less than one foot, six inches from the curb, under a fire escape, within ten feet of a driveway or parking lot or within two feet from underground access points, such as utility access openings, ventilation grills, or cellar doors. (b) On and after such date, a newsstand that was first licensed prior to the first day of August, nineteen hundred ninety-one shall not pose an obstruction to the free use of the sidewalks by pedestrians if the location of such newsstand does not (i) reduce the area maintained on the sidewalk for pedestrian movement below a width of nine and one-half feet. (ii) place the proposed newsstand within five feet of a fire hydrant. (iii) create a level of service at the proposed location for the peak fifteen minutes of the peak hour of a pedestrian flow rate equal to or greater than eleven people per minute per linear foot of clear path, as determined by the department of transportation. (iv) violate the restrictions on the location of newsstands in subdivision f of this section, if such newsstand is located at the rear or side of a subway entrance or exit kiosk. (v) extend into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets. (vi) otherwise create a hazardous condition. For purposes of this subparagraph, a hazardous condition shall include, but not be limited to, the location of a newsstand less than one foot, six inches from the curb, under a fire escape, within ten feet of a driveway or parking lot or within two feet from underground access points, such as utility access openings, ventilation grills, or cellar doors. e. No newsstand shall occupy an area of more than seventy-two square feet or have a height of over nine feet. However, any newsstand that occupied an area of more than seventy-two square feet on the first day of August, nineteen hundred seventy-nine may continue to operate within that area until the thirty-first day of July, nineteen hundred eighty. In no event shall there be less than a width of nine and one-half feet maintained on the sidewalk for pedestrian movement. The provision of this section requiring that no less than nine and one-half feet be maintained on the sidewalk for pedestrian movement shall not apply to any newsstand which was first licensed by the department prior to the first day of August, nineteen hundred seventy-nine where the person who held the license for such newsstand on the first day of August, nineteen hundred ninety-one continues to be the licensee for such newsstand; provided, however, that where a newsstand which was first licensed prior to the first day of August, nineteen hundred seventy-nine is reconstructed in its entirety or in substantial part, which reconstruction was commenced on or after the first day of August, nineteen hundred ninety-one, such newsstand shall be subject to such requirement that no less than nine and one-half feet be maintained on the sidewalk for pedestrian movement. f. Stands at subway entrance or exit kiosks shall be maintained at the rear or side of such kiosks. Where such stand is located at the rear of such entrance or exit it shall not be located within fifteen feet of the front of any other entrance or exit and shall not be longer than the width of the kiosk nor occupy an area of more than fifty square feet. g. It shall be unlawful to erect a stand or booth under the stairs of an elevated railway station, or a projection therefrom, which is wider than the width of the stairs or which extends along the sidewalk a greater distance than to a point where the undersurface is not over seven feet from the level of the sidewalk. h. 1. After November first, nineteen hundred seventy-nine, no newsstand may be operated unless its design has been approved by the art commission. The art commission shall evaluate newsstand designs in conformity with guidelines to be established by the department. Approval or disapproval of a design submission shall be issued within thirty days of filing an application with the commission. 2. The department of transportation shall develop criteria for the design of the interior of newsstands constructed and installed by a franchisee pursuant to a franchise in consultation with available representatives of newsstand licensees and available representatives of publishers. i. No advertising shall be placed on any newsstand other than exterior advertising placed by a franchisee. Nothing herein shall be construed to prohibit or limit the ability of the newsstand licensee to display legal merchandise pursuant to rules promulgated by the department. j. The licensee shall make reasonable efforts to maintain the cleanliness of his or her newsstand. Such requirement shall not include an obligation to maintain the exterior of a structure installed pursuant to a franchise. The licensee shall make no alteration in the design or dimensions of a newsstand constructed or installed by a franchisee. k. 1. On and after the grant of a franchise, no new license shall be granted except for operation of a newsstand installed and maintained pursuant to such franchise, and approval of the location of a new newsstand shall be made by the department of transportation in accordance with rules of the department. 2. Notwithstanding any other provision of this section or the second undesignated paragraph of section 15-205 of the code, a newsstand, the location or dimensions of which were not in violation of the provisions of this section or any rule promulgated pursuant thereto at the date of the grant of a franchise and which complies with all of the terms and conditions of such franchise, may be reconstructed at such location by such franchisee if such reconstruction does not change the location of such newsstand or expand the area occupied by such newsstand for any reason, including compliance with the requirements of any provision of law in effect at the time of such reconstruction, such as the requirements of the Americans with Disabilities Act. If such reconstruction results in a change in location or an expansion of the area occupied by such newsstand, such newsstand may be reconstructed at such changed or expanded location if that location complies with the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of paragraph two of subdivision d of this section. If such reconstruction at such location would not comply with such criteria, such newsstand may be relocated in accordance with the process defined in paragraph five of this subdivision to a location that meets the criteria in subparagraph (a) of such paragraph two. 3. On or after the grant of such franchise, any newsstand applying for renewal of a license issued pursuant to section 20-229 of this subchapter may remain at its then current location if it meets the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of paragraph two of subdivision d of this section, or, if such location does not meet such criteria, such newsstand may be relocated in accordance with the process defined in paragraph five of this subdivision to a location that meets the criteria in subparagraph (a) of such paragraph two. 4. On or after the grant of such franchise, the department of transportation shall not exercise its authority, by granting revocable consents or other approvals, to authorize the installation of a structure at a location that would render the location of a licensed newsstand in violation of the siting criteria applicable to the renewal of licenses in subparagraph (a) or (b), as applicable to the renewal of the license of such newsstand, of paragraph two of subdivision d of this section unless the commissioner of such department finds that such installation is for the benefit of public health, safety, welfare or convenience. In the event the installation of a structure not prohibited by this paragraph four causes the location of a newsstand to be in violation of such criteria, such newsstand may be relocated pursuant to the process defined in paragraph five of this subdivision to a location that meets the criteria in subparagraph (a) of such paragraph two. 5. (a) On or after the grant of such a franchise, a newsstand, the location of which fails to meet the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of paragraph two of subdivision d of this section shall cease operation and shall be removed from such location. A newsstand required by the provisions of this paragraph to be relocated at any time shall be eligible to be relocated to a site within a radius of five hundred feet from such licensed location, referred to in this section as the "catchment area", provided such site is identified by the licensee and meets the siting criteria applicable to the renewal of licenses in subparagraph (a) of paragraph two of subdivision d of this section. Notwithstanding the preceding provisions of this subparagraph (a) of this paragraph five, a newsstand, the license for which is in full force and effect, shall not be required to be replaced before September thirtieth, two thousand six, if the replacement of such newsstand is required to occupy an expanded area solely because of the provisions of the Americans with Disabilities Act, and the installation of such newsstand at such expanded location would not meet the siting criteria applicable to the renewal of the license of such newsstand in subparagraph (a) or (b) of such paragraph two. (b) If the department of transportation determines that there is no site within such catchment area to which a newsstand may be relocated in accordance with subparagraph (a) of this paragraph five, the licensee of such newsstand may apply for a license for a new newsstand in accordance with the applicable provisions of this subchapter. 6. The department of transportation shall conduct an inspection at the time of the reconstruction and installation of a newsstand by a franchisee in accordance with paragraph two of this subdivision. In addition, such department shall conduct inspections of all newsstands in the year two thousand eight and every six years thereafter to determine whether the location for which each newsstand is licensed violates any laws, rules or regulations applicable to the review by such department of applications for the renewal of licenses, notwithstanding that the term of such licenses is two years, and, except for determinations made pursuant to inspections made in accordance with such paragraph two of this subdivision at the time of the reconstruction and installation of a newsstand by a franchisee, the determination by such department that there is no such violation shall not be revised, except for a mistake of fact, by such department until such six year period has elapsed. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/029, L.L. 2003/064, and L.L. 2020/080.

NYC Admin. Code § 20-232 Revocation.

§ 20-232 Revocation. In addition to any other basis for revocation, a newsstand license may be revoked upon a finding by the commissioner that the location listed in such license was not utilized for a period of two consecutive months or more, that the newsstand licensee is not using the stand primarily for the sale of newspapers and periodicals, or that the newsstand licensee rented or attempted to rent the newsstand to another person. If the commissioner chooses to exercise such power of revocation, the commissioner shall first notify the licensee of an anticipated revocation in writing and afford the licensee thirty days from the date of such notification to correct the condition. The commissioner shall notify the licensee of such thirty-day period in writing. If the licensee proves to the satisfaction of the commissioner that the condition has been corrected within such thirty-day period, the commissioner shall not revoke such license. The commissioner shall permit such proof to be submitted to the commissioner electronically or in person. The licensee may seek review by the commissioner of the determination that the licensee has not submitted such proof within fifteen days of receiving written notification of such determination. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/128, 11/21/2021, eff. 3/21/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080 and L.L. 2021/128.

NYC Admin. Code § 20-233 Stoop line stands; license required; permitted use.

§ 20-233 Stoop line stands; license required; permitted use. a. It shall be unlawful to maintain a stoop line stand without a license therefor. b. Stoop line stands shall be used for the sale or display of fruits, vegetables, soft drinks, confectionery, ice cream, flowers or any of the foregoing. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065.

NYC Admin. Code § 20-234 Stoop line stands on market streets.

§ 20-234 Stoop line stands on market streets. All such licenses shall be issued by the commissioner, in his or her discretion, with the consent of the owner of the abutting premises, provided however, that where any such stand is to be located in front of any premises facing on a market street, the license shall be issued by the commissioner of small business services, in his or her discretion. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065.

NYC Admin. Code § 20-235 Stoop line stands; requirements.

§ 20-235 Stoop line stands; requirements. No such stand at a location not licensed on the twenty-fourth day of July, nineteen hundred thirty-five, shall be licensed if the proposed location of the stand is within two hundred feet of any store in which any of such articles are sold, or any of such services are rendered, except that the occupant of a store may be licensed to maintain a stand in front of such store for the sale of such articles or services as are provided within the store.

NYC Admin. Code § 20-236 Stoop line stands; fees.

§ 20-236 Stoop line stands; fees. The fee for such license shall be based on the article or articles permitted to be sold or displayed as follows: 1. For fruits, vegetables, soft drinks or combinations thereof.....eighty dollars 2. For confectionary.....forty dollars 3. For ice cream.....forty dollars 4. For any combination of the foregoing, the license fee shall be the total of the prescribed fees, except that such fee shall not exceed one hundred dollars. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065.

NYC Admin. Code § 20-237 Stoop line stands; restrictions.

§ 20-237 Stoop line stands; restrictions. a. Stoop line stands shall not exceed seven feet in height. Every stoop line stand shall be maintained wholly within the stoop line and shall not obstruct the free use of the sidewalk by pedestrians. Stoop line stands shall not exceed ten feet in length nor four feet in width, except as provided in subdivision b of this section. b. Where the sidewalk in front of the premises is at least sixteen feet wide, such stoop line stand may extend up to ten feet in length and five feet in width as long as a straight, unobstructed pathway of at least nine and one-half feet is maintained at all times on the sidewalk in front of the entire length of the premises where such stoop line stand is located. Where the sidewalk in front of the premises is at least twenty-one feet wide, and if the entire premises is located within an M1, M2 or M3 zoning district, and if a stoop line stand on such premises was licensed on or before the first day of September, two thousand twelve, such stoop line stand may extend up to ten feet in length and ten feet in width as long as a straight, unobstructed pathway of at least nine and one-half feet is maintained at all times on the sidewalk in front of the entire length of the premises where such stoop line stand is located. In addition to any license fee required to be paid pursuant to section 20-236 of this subchapter, an applicant seeking to obtain or renew a license for any stoop line stand that extends beyond five feet in width shall pay to the department an inspection fee of seventy-five dollars for each stoop line stand that it seeks to license. Such fee shall be paid with the application for such license and shall be retained by the department regardless of whether the license is granted. c. It shall be unlawful for any person to lease or permit any other person to use any space on the sidewalk located adjacent to such store for the purpose of selling or displaying any merchandise. Violations of this subdivision shall be punishable by a fine of one hundred dollars per day for each day said space is leased. d. The commissioner shall promulgate any rules and regulations necessary for the proper implementation of this section. (L.L. 2021/098, 9/26/2021, eff. 9/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/065 and L.L. 2021/098.

NYC Admin. Code § 20-238 Stoop line stands; revocation of consent.

§ 20-238 Stoop line stands; revocation of consent. The commissioner who granted the license for any such stand or display shall revoke or suspend it if the abutting owner files a written revocation of the consent previously granted therefor in the office of such commissioner.

NYC Admin. Code § 20-239 Approval.

§ 20-239 Approval. A stoop line stand shall not be licensed unless the location thereof has been approved by the department of transportation. No license shall be approved or renewed if the department of transportation determines that the stoop line stand poses an obstruction to the free use of sidewalks by pedestrians. Notwithstanding anything in this subchapter to the contrary, if the department of transportation determines that a stoop line stand which is permitted to extend more than four feet in width pursuant to section 20-237 of this subchapter poses an obstruction to the free use of sidewalks by pedestrians solely because the width of such stoop line stand exceeds four feet, the commissioner shall approve or renew such license at a width of four feet.

NYC Admin. Code § 20-240 Sleeping in stands prohibited.

§ 20-240 Sleeping in stands prohibited. It shall be unlawful for any person to sleep in any portion of any stand licensed under this subchapter.

NYC Admin. Code § 20-240.1 Enforcement.

§ 20-240.1 Enforcement. a. Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency gives notice to the owner or operator of a stand licensed pursuant to section 20-233 of this subchapter to temporarily remove or otherwise disassemble such stand, such owner or operator shall comply with such notice and shall not continue to sell or display from such stand. For the purposes of this subdivision, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of obstructions in the public space, and accident, fire or other emergency situation, a parade, demonstration or other such event at or near the location of such stand. b. If an owner or operator of a stand licensed pursuant to section 20-233 does not remove or otherwise disassemble such stand when directed to do so by a police officer or other authorized officer or employee of the city in accordance with the provisions of subdivision a of this section, such officer or employee is authorized to provide for the removal of such owner's or operator's goods and stand to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such goods and such stand may be charged with reasonable costs for removal and storage payable prior to the release of such goods and such stand. c. In the event that any seizure made pursuant to this section shall include any perishable items or food products which cannot be retained in custody without such items or food products becoming unwholesome, putrid, decomposed or unfit in any way, they may be delivered to the commissioner of health for disposition pursuant to the provisions of section 17-323 of this code. d. Any person who violates the provisions of this section or section 20-237 shall be considered to be an unlicensed general vendor or an unlicensed food vendor and, except as otherwise provided in subdivision c of section 20-237, shall be subject to the penalty and enforcement provisions of either subchapter twenty-seven of chapter two of this title or subchapter two of chapter three of title seventeen of the code, whichever is applicable; except that a person shall not be subject to the civil penalty described above for a first-time violation of subdivision b of section 20-237 and any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that he or she has cured the violation. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof of compliance shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-237 or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted to the department electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153, L.L. 2021/080, and L.L. 2021/098.

NYC Admin. Code § 20-241 Newsstands installed and maintained pursuant to a franchise.

§ 20-241 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. (Renumbered L.L. 2021/128, 11/21/2021, eff. 3/21/2022) Editor's note: Former § 20-241 repealed and former § 20-241.1 renumbered as § 20-241. For related unconsolidated provisions, see Appendix A at L.L. 1997/029 and L.L. 2021/128.

NYC Admin. Code § 20-241.1 Penalties.

§ 20-241.1 Penalties. a. Except as otherwise provided in this subchapter, any person who violates any provision of this subchapter or any rules promulgated pursuant to this subchapter shall be subject to a civil penalty of: (i) one hundred seventy-five dollars for the first violation; (ii) three hundred dollars for the second violation; and (iii) five hundred dollars for the third and any subsequent violation. b. Notwithstanding any inconsistent provision of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of (i) restrictions imposed pursuant to section 20-231 relating to the display or offering for sale of merchandise from any public space adjacent to a newsstand or from any portion of a newsstand exterior, the affixation of materials to a newsstand or the location of sales made at a newsstand; (ii) paragraph 1 of subdivision h of section 20-231 or any rule or regulation promulgated thereunder; (iii) subdivision i of section 20-231 or any rule or regulation promulgated thereunder; (iv) subdivision b of section 20-233 of this subchapter or any rule or regulation promulgated thereunder, or (v) subdivision (a) of section 2-66 of title 6 of the rules of the city of New York, or any successor to such provision, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation for any violation described in clauses (i) through (v) of this subdivision. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. c. Notwithstanding any inconsistent provision of this section, a civil penalty of zero dollars shall be imposed for a first violation of subdivision b of section 20-231 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first-time violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision b of section 20-231 of this subchapter or any rule or regulation promulgated thereunder shall be subject to a civil penalty of one hundred seventy-five dollars for a second violation and a civil penalty of three hundred dollars for a third or subsequent violation. d. Notwithstanding any inconsistent provision of this section, a person who violates subdivisions (e) or (f) of section 2-70.2 of title 6 of the rules of the city of New York, or any successor to such provisions, shall be liable for a civil penalty of: (i) zero dollars for a first violation; (ii) not more than one hundred seventy-five dollars for a second violation; and (iii) not more than three hundred dollars for a third or subsequent violation. (L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021; Renumbered L.L. 2021/128, 11/21/2021, eff. 3/21/2022; Am. L.L. 2023/151, 11/17/2023, eff. 5/15/2024) Editor's note: Formerly § 20-241.2. For related unconsolidated provisions, see Appendix A at L.L. 2003/064, L.L. 2021/080, L.L. 2021/098, and L.L. 2021/128.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-137603Fetched: 10/24/2026