Supervisory License and Associated Permit.
24 RCNY § 6-22
in effect§ 6-22 Supervisory License and Associated Permit.
(a) Initial establishment of supervisory license waiting lists for supervisory licenses designated for citywide use and for use in boroughs outside of Manhattan.
(1) Establishment of waiting lists. The Department will establish two waiting lists – one for supervisory licenses designated for citywide use and one for supervisory licenses designated for use in boroughs outside of Manhattan – of persons eligible to receive supervisory license applications made available pursuant to Administrative Code § 17-307(b)(5)(b).
(2) Eligibility for waiting lists. Persons listed on a Former FTP Waiting List are eligible for inclusion on a supervisory license waiting list established pursuant to this subdivision, except for persons whose full-term or temporary permit was revoked or suspended and persons who the Department determines are not fit to operate a mobile food vending business.
(3) No limitation on number of positions on waiting lists. There is no limitation on the number of positions on the waiting lists established pursuant to this subdivision.
(4) One supervisory license waiting list position per person. For the establishment of the initial waiting lists, eligible waiting list applicants must choose to join one or neither waiting list. A person who applies for waiting lists for both supervisory licenses, or who fails to respond to the application notice, will be added only to the waiting list for licenses designated for use in boroughs outside of Manhattan. A person who indicates on the application form that they do not wish to join either waiting list will be considered to have forfeited their application.
(5) Notice of establishment of waiting list. At least thirty (30) days prior to the establishment of a waiting list pursuant to this subdivision, notice of the opportunity to apply to be on a waiting list will be given by mail or, for individuals who have opted into electronic notifications, by electronic means, to all eligible persons as described in this subdivision.
(6) Application for waiting list position. The Department will make available mail-in procedures to allow persons to apply for a place on a waiting list or to decline to be placed on a waiting list established pursuant to this subdivision. The application must be postmarked by the date specified in the notice published pursuant to paragraph 5 of this subdivision. The Department will notify persons assigned a position on the list in writing sent either to the mailing address or, for persons who opted into receiving electronic notifications, to the electronic contact information provided in their waiting list applications.
(7) Order in waiting lists.
(A) The Department will order all persons on the waiting lists in accordance with the preference categories set forth in Administrative Code § 17-307(b)(5)(d), defining "continuously licensed vendors" as persons who the Department determined did not hold a valid full-term mobile food vending permit as of January 1, 2022 and who: (i) held a valid food vendor license on or before March 1, 2017, which license was still valid on February 28, 2021; or (ii) held a valid food vendor license before March 1, 2017 and whose renewal application for such license was pending as of March 1, 2017 and who had otherwise fulfilled all requirements to renew such license, which was still valid on February 28, 2021.
(B) Within each preference category, the Department will order persons by their position on the waiting list in ascending order of waiting list number on a Former FTP Waiting List, and by ascending order of mobile food vendor license number in the case of ties that result from persons with the same on different Former FTP Waiting Lists.
(C) If a person holds more than one position on Former FTP Waiting Lists, the Department will assign to that person the single highest position held.
(b) Supervisory license waiting list for veterans and persons with a disability.
(1) Establishment of waiting list. The Department will establish one supervisory license waiting list that contains the three preference categories established by Administrative Code § 17-307(b)(3)(b) – veterans with a disability, persons with a disability, and veterans.
(2) Limitation on number of positions on waiting list and within each category. The waiting list created pursuant to paragraph 1 of this subdivision will be limited to one hundred (100) positions per preference category described in such paragraph for a total of three hundred (300) positions. A person who applies for or qualifies to be included in more than one category will be eligible for only one position on the list and will be assigned the highest priority for which they are eligible.
(3) Notice of establishment of waiting list. At least forty-five (45) days prior to the establishment of the waiting list created pursuant to this subdivision, notice of the opportunity to apply to be on such waiting list will be made by publication in the City Record, and by mail or, for individuals who have opted into electronic notifications, by electronic means, to all persons holding mobile food vendor licenses. The maximum number of positions on such waiting list will be indicated in the notice.
(4) Application for waiting list position. The Department will make available mail-in and electronic communication procedures to allow persons to apply for a place on the waiting list established pursuant to this subdivision. Persons requesting a place on such waiting list must submit an application that contains the applicant's license number and applicable preference category. The application must be submitted by mail or electronic means by the time specified in the notice published pursuant to paragraph 3 of this subdivision.
(5) Order in waiting list. Applicants who meet the eligibility criteria, including but not limited to licensure and inclusion in a preference category described in paragraph 1 of this subdivision, will be included in a random selection and ordering that results in the addition to the waiting list established by such paragraph of up to as many applicants as spaces available. The Department will notify persons added to such list of their position in writing sent to the mailing address or, for persons who opted into receiving electronic notifications, the electronic contact information provided in their waiting list applications. Order among preference categories is as provided by law.
(c) Notification of change of contact information. Each person on a supervisory license waiting list must notify the Department of any change of address or, for persons who opted into receiving electronic notifications, change of electronic contact information within ten days of such change. Failure to provide change of address or electronic contact information may result in the loss of a person's supervisory license waiting list position. Any person who fails to timely provide the Department with a change of address or electronic contact information, as applicable, and consequently does not respond to a notice from the Department sent to their address electronic contact information of record as known to the Department through mobile food vendor license records will be deemed to have abandoned their place on the supervisory license waiting list.
(d) Eligibility for supervisory license.
(1) Eligibility to receive application. Only persons who are on a supervisory license waiting list are eligible to receive a supervisory license application.
(2) Eligibility to receive license. Only persons who hold an active food vendor license are eligible for a supervisory license.
(3) Conversion or forfeiture of certain permits required. Any person who holds a mobile food vending permit, other than a restricted area permit, must convert such permit to a supervisory license-associated permit no more than two hundred seventy (270) days after obtaining a supervisory license or on the expiration date of such previously-held permit, whichever is sooner, or forfeit such previously-held permit.
(e) Number of supervisory license applications.
(1) Citywide. In each 12-month period for ten consecutive years beginning July 1, 2022, the Department will make available 100 applications for a supervisory license designated for citywide use, which license allows the holder to apply for a supervisory license-associated permit designated for use in any borough.
(2) Borough outside of Manhattan. In each 12-month period for ten consecutive years beginning July 1, 2022, the Department will make available 300 applications for a supervisory license designated for use in boroughs outside of Manhattan, which license allows the holder to apply for a supervisory license-associated permit designated for use in boroughs outside of Manhattan.
(3) Supervisory licenses for persons with a disability or veterans. In each 12-month period for 10 consecutive years beginning July 1, 2022, the Department will make available to veterans with a disability, persons with a disability or veterans 45 applications for a supervisory license that allows the holder to apply for a supervisory license-associated permit designated for use in any borough.
(4) Additional licenses available due to expired, surrendered or revoked legacy permits. The Department may issue additional supervisory license applications in an amount equal to the number of legacy permits that have expired or are surrendered or revoked. Citywide legacy permits and borough-specific legacy permits will correspond to supervisory licenses designated for citywide use and for use in boroughs outside of Manhattan, respectively.
(f) Applying for and maintaining supervisory license.
(1) Applications. The Department will mail or, for persons who opted into receiving electronic notifications, send by electronic means, to each person whose waiting list number is reached, a notice of eligibility to apply and a supervisory license application form.
(2) Complete and timely application required. Within ninety (90) days of the postmark date or, for persons who opted into receiving electronic notifications, the electronic transmission date of the Department's notice and application form for a supervisory license, the notified person must mail or transmit by electronic means a completed application with payment of applicable fees in order to remain eligible for the license. An application must be postmarked or electronically transmitted within such time period to be considered timely.
(3) Abandonment of application. The failure of an eligible applicant to timely complete the supervisory license application process, including for failure to maintain with the Department their current mailing address or, for those who opted into receiving electronic notifications, electronic contact information, will be deemed an abandonment of the application and result in the forfeiture of the person's supervisory license waiting list position.
(4) Term. Unless it is suspended or revoked by the Commissioner, a supervisory license is valid for two years from the date of its issuance or renewal, except that the first issuance of a supervisory license to a licensed vendor is valid for the remaining term of such vendor's food vendor license.
(5) Abandoned unless timely renewed. The failure of a supervisory license holder to renew such license before its expiration, including due to failure to maintain with the Department their current mailing address or, for those who opted into receiving electronic notifications, electronic contact information, will be deemed an abandonment and forfeiture of the supervisory license. Abandonment and forfeiture of the supervisory license will automatically void the supervisory license holder's supervisory license-associated permit if they hold one. A person who fails to timely renew their supervisory license may apply for or renew their non-supervisory food vendor license at any time.
(g) Supervisory license-associated permits; term; renewal; notification.
(1) Supervisory license required. Beginning July 1, 2022, only the holder of a supervisory license may apply for a new mobile food vending permit, except that a supervisory license is not required to apply for the following permit types: (i) green carts; (ii) temporary/seasonal permits; (iii) restricted area permits; or (iv) permits issued to veterans with a disability with a specialized vendor license. Beginning July 1, 2032, all mobile food vending permits must be associated with a supervisory license except for the permit types listed above in this paragraph.
(2) Applications. The Department will mail to each supervisory license holder a supervisory license-associated permit application form to the mailing address maintained in the Department's mobile food vendor license records.
(3) Term. A supervisory license-associated permit is valid for two years from the date of its issuance unless suspended or revoked by the Commissioner. In the event the supervisory license-associated permit expires or is voluntarily surrendered to the Department, the holder may retain the supervisory license and may re-apply for a supervisory license-associated permit at a later time.
(4) No vending without supervisory license holder. At least one supervisory license holder authorized to vend in the geographic area where the mobile food vending unit is operating must be present and vending on the unit.
(5) When to apply. A supervisory license holder may apply for a supervisory license-associated permit at any time while their supervisory license is unexpired and not suspended.
(h) Effect of license or permit revocation or suspension.
(1) Revocation of supervisory license. The revocation of a supervisory license will by operation of law void any supervisory license-associated permit held by the supervisory license holder.
(2) Revocation of permit. The revocation of a supervisory license-associated permit will by operation of law void the supervisory license associated with such revoked permit.
(3) Suspension of license or permit. The suspension of a supervisory license or a supervisory license-associated permit will suspend the other for the same duration and may be subject to the same terms and conditions for lifting of the suspension.
(i) Fees.
(1) Supervisory license. The biennial fee for a supervisory license is $438.
(2) Fee waiver for veterans. Veterans are exempt from the supervisory license fee.
(3) Supervisory license-associated permit. The fee for a supervisory license-associated permit to maintain or operate a processing or non-processing mobile food vending unit will be the same as the fee set forth in 24 RCNY Health Code § 5.07.
(Added City Record 10/12/2022, eff. 11/11/2022)
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/NYCrules/0-0-0-134855Fetched: 10/24/2026