Mobile Food Vending

RCNY tit. 24, ch. 6

in effect

24 RCNY § 6-01 Scope and Applicability.

§ 6-01 Scope and Applicability. All mobile food vendors and the mobile food vending units operated in the City of New York are subject to and must comply with all applicable provisions of 24 RCNY Health Code Articles 5, 71, 81, 89 and all other applicable provisions of the New York City Health Code (the "Health Code"); Title 17 of the Administrative Code of the City of New York (the "Administrative Code"); Part 14 of the New York State Sanitary Code (the "Sanitary Code"); and the rules of the Department set forth in this Chapter and 24 RCNY Chapters 20, 26 and other applicable provisions of Title 24 of the Rules of the City of New York.

24 RCNY § 6-02 Definitions.

§ 6-02 Definitions. Words and terms used in this Chapter have the following meanings: Acceptable to the Department means acceptable under conditions of use and being used in conformance with applicable regulatory, industrial or other safety standards. Active food vendor license means an unexpired food vendor license issued by the Department that authorizes the holder to vend food from a mobile food vending unit and which license is not in suspension nor revoked or surrendered. Compliance inspection means an inspection conducted within an inspection cycle that is not conducted for the purpose of grading. Condition level means the value (I, II, III, IV or V) based on the number, magnitude or pervasiveness of occurrences, or the seriousness of risk presented by a violation. Contaminated has the meaning set forth in 24 RCNY Health Code Article 81. Critical violations means the violations of the Health Code or other applicable law listed under the classification "critical violation" in Appendices 6-A and 6-B to this Chapter. Cure means that the respondent has submitted proof of having corrected a first-time violation and the Department has accepted such proof. Decal has the same meaning as in 24 RCNY Health Code Article 89. Detergent sanitizer means a solution used to wash and/or sanitize utensils and equipment. First-time violation means a violation of law, listed in Appendix 6-C, 6-C-2, or 6-C-3 of this Chapter, committed by a respondent for the first time and cited on a summons that either is pending or has not been adjudicated by OATH as defaulted or sustained. Food has the meaning set forth in 24 RCNY Health Code Article 71. Food grade material means material certified as meeting the standards of the National Sanitation Foundation (NSF) or other organization utilizing a process approved by the American National Standards Institute (ANSI), or that is otherwise acceptable to the Department in compliance with 24 RCNY Health Code § 81.17 or successor provision. During use with food products such material shall not react with such food products or food contact surfaces; and shall not contaminate or impart any odor, color or taste to such food products. No food additive, food equipment, lubricant or other similar substance used in food processing, preparation, storage or service shall expose food to physical debris, toxic chemicals, harmful substances or other contaminants. Former FTP Waiting List means a full-term permit waiting list as formerly provided in 24 RCNY Chapter 19, entitled "Waiting List Rules for Full-term and Temporary Mobile Food Unit Permits and Full-term Mobile Food Unit Permits Designated Exclusively for Use in Specific Boroughs," which went into effect on January 4, 1996 and was amended on November 11, 2022 to omit references to full-term permit waiting lists. General violations means violations listed under classification "general violations" in the Appendices 6-A and 6-B to this Chapter. Grade card or card means the document or sticker issued by the Department to a mobile food vending unit indicating the letter grade associated with the score for an inspection of that unit. Grade pending card means the document or sticker issued by the Department to a mobile food vending unit indicating the unit's grade for the current inspection cycle is in the process of being determined. Green cart has the meaning set forth in § 17-306(s) of the Administrative Code or successor provision. Initial inspection means the first sanitary inspection within an inspection cycle. Inspection cycle means a series of inspections of a mobile food vending unit that are conducted, pursuant to 24 RCNY §§ 6-17 and 6-18 that begins with each initial inspection. Legacy permit means an unexpired mobile food vending permit that issued before July 1, 2022, except for the following permit types: (i) permits issued for green carts as defined in 24 RCNY § 6-02 and in the Administrative Code § 17-306(s); (ii) temporary/seasonal permits which authorize mobile food vending where allowed from April 1 through October 31; (iii) restricted area permits as defined in this Chapter; or (iv) permits issued to veterans with a disability who hold a specialized vendor license. Location sharing device means an electronic device installed to a mobile food vending unit that transmits the geographic location of the unit with sufficient accuracy to locate such unit on a street or other location. Mobile food commissary or other facility approved by the Department means either (i) A commissary that complies with the requirements of 24 RCNY Health Code Article 81 and 24 RCNY Health Code § 89.27, or (ii) Another facility providing storage and/or cleaning of no more than four Class D or Class E mobile food vending units, nor more than one food truck, in accordance with 24 RCNY § 6-08. Mobile food vending unit (MFVU) or unit has the same meaning as in 24 RCNY Health Code Article 89. Operate or operation of a mobile food vending unit shall have the same meaning as in 24 RCNY Health Code Article 89. Person with a disability has the same meaning as "disabled person" as defined in Administrative Code § 17-306(m). Potable water means drinking water that meets the drinking water requirements of subpart 5-1 of the State Sanitary Code and is thereby suitable for human consumption or use directly or indirectly in connection with the preparation of food for human consumption, including ice making and cleaning of utensils and equipment. Potentially hazardous food has the same meaning as "potentially hazardous food or time and temperature controlled for safety (TCS) food" means in 24 RCNY Health Code Article 81. Pre-permit inspection by the Department means the inspection of a mobile food vending unit in which the Department determines that the unit has been constructed and equipped in accordance with this Chapter. A pre-permit inspection by the Department is required: (i) Before the issuance of a new or renewed mobile food vending permit and decal; (ii) When a permittee seeks to replace a mobile food vending unit with another unit; (iii) When a permittee seeks to amend a permit classification from non-processing to processing or processing to non-processing; (iv) When a mobile food vending unit has sustained a material alteration, as defined in 24 RCNY Health Code § 89.03(e); or (v) When any permit decal has been removed. Processing means transforming food into the form in which it is to be served to the mobile food vending unit patron, including, but not limited to, by means of slicing, dicing, grating, portioning, blending, mixing, combining, cooking and reheating, or otherwise treating food in such a way as to create a risk that it may become adulterated if improperly handled. Portioning by butchering is not allowed; food may be processed on a mobile food vending unit only in accordance with 24 RCNY Health Code Article 89. A person who processes food on a mobile food vending unit is not a manufacturer, as that term is defined in Administrative Code § 17-306(p), or successor provision of law. Public health hazards means critical violations that are known to contribute directly to food-borne illness or disease, identified with an asterisk (*) in Appendix 6-A of this Chapter, and which include but are not limited to, imminent health hazards defined in 24 RCNY Health Code Article 81 and Part 14 of the State Sanitary Code. Reinspection means a sanitary inspection conducted for the purposes of grading following receipt of a score of 14 or more points on an initial inspection. Restricted area permit means a permit that authorizes mobile food vending on "private space" or "restricted space" as those terms are defined in 24 RCNY Health Code § 89.03. Sanitization means effective treatment by heat or chemical means that destroys pathogens on surfaces treated and is acceptable to the Department, as defined in 24 RCNY Health Code § 81.03(ii), or successor provision. Summons means a civil notice of violation or other document issued by the Department or other City agency to a mobile food vending permit-holder or vendor that charges a violation of the Health Code, or any other law or rule, for which a monetary penalty is sought, and which is adjudicated at the Office of Administrative Trial and Hearings. Supervisory license has the same meaning as and carries the restrictions provided in Administrative Code §§ 17-306(v) and 17-307.1, respectively. Supervisory license-associated permit means a mobile food vending permit issued to a supervisory license holder that authorizes vending from a vehicle or pushcart only when a supervisory license holder is present and vending. Veteran has the same meaning as provided in Administrative Code § 17-306(j). Veteran with a disability has the same meaning as "disabled veteran" as that term is defined in Administrative Code § 17-306(k). Ware washing or multi-compartment sink means a sink, other than a hand wash, dedicated to washing cookware, kitchenware and utensils. (Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 10/12/2022, eff. 11/11/2022; amended City Record 2/3/2023, eff. 3/5/2023)

24 RCNY § 6-03 Mobile Food Vending Unit Classifications.

§ 6-03 Mobile Food Vending Unit Classifications. (a) Mobile food vending units shall be classified based on the foods, processing and packaging of foods served. Class A and Class B units are processing units and Class C, Class D and Class E units are non-processing units for the purpose of payment of the permit fees set forth in § 17-308(c) of the Administrative Code, or successor provision, and 24 RCNY Health Code Article 5. (1) Class A mobile food vending unit means a processing unit on which raw, pre-cooked and/or manufactured potentially hazardous foods requiring temperature control as specified in 24 RCNY Health Code § 81.09 are stored, prepared and provided for individual service. Such foods include, but are not limited to, grilled or fried meats, sausages, poultry, shish kebab, hamburgers, eggs and gyros. (2) Class B mobile food vending unit means a processing unit in or on which pre-cooked and/or manufactured potentially hazardous foods requiring temperature control as specified in 24 RCNY Health Code § 81.09 are stored, prepared and provided for individual service. Such foods include, but are not limited to, sandwiches prepared on the unit, raw fruits, vegetables and salads, breads, bagels and rolls buttered or topped with cream cheese on the unit, smoothies and soft serve ice cream. (3) Class C mobile food vending unit means a non-processing unit in or on which only intact, prepackaged potentially hazardous foods requiring temperature control as specified in 24 RCNY Health Code § 81.09 are provided for individual service. Such foods include, but are not be limited to, prepackaged frozen desserts, prepackaged sandwiches, and prepackaged and presliced fruits and vegetables. (4) Class D mobile food vending unit means a non-processing unit in or on which non-potentially hazardous packaged or unpackaged foods not requiring temperature control for safety are provided or served. Such foods include, but are not limited to, brewed coffee and tea, donuts, pastries, rolls and bagels buttered or topped with cream cheese at a commissary, popcorn, cotton candy, nuts, candied nuts, soft pretzels, and chestnuts, regardless of whether such foods are heated for aesthetic purposes. However, mobile food vending units that prepare and serve any potentially hazardous foods, including but not limited to, dairy products, pre-cooked or manufactured knishes, boiled frankfurters and sausages are Class D mobile food units that require equipment or other means of holding potentially hazardous foods at the temperatures required by 24 RCNY Health Code Articles 81 and 89. (5) Class E mobile food vending unit means a green cart or mobile food vending unit in or on which only non-potentially hazardous uncut fruits and vegetables are sold or held for sale or service. (b) Only food to be served or sold. A permit to distribute or sell food from a mobile food vending unit does not authorize the sale of any other product or merchandise from such unit. (c) If a vendor serves or prepares foods included in more than one Class of operation, the unit must be equipped in accordance with the classification that reflects the greater degree of food protection. (Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 7/28/2022, eff. 8/27/2022)

24 RCNY § 6-04 Mobile Food Vending Units: Construction and Equipment Requirements for All Classes of Mobile Food Vending Units.

§ 6-04 Mobile Food Vending Units: Construction and Equipment Requirements for All Classes of Mobile Food Vending Units. Mobile food vending units must be constructed and equipped so that they may be maintained and operated in a clean and sanitary manner, in accordance with all applicable law, so as to protect foods from contamination by dust, dirt and toxic and other substances, and the public from risk of injury, and must be equipped in accordance with the requirements set forth in Table 1 in 24 RCNY § 6-05. Units and equipment must be manufactured from easily cleanable, durable, hard, smooth, non-porous, non-absorbent, non-reactive and non-toxic materials. All equipment must be fastened securely to the mobile food vending unit. No mobile food vending unit or truck may be used as a dwelling, or for sleeping or other residential purposes for any period of time. (a) Food contact surfaces. Food contact surfaces, as defined in 24 RCNY Health Code § 81.03(p) or successor provision, shall be constructed of easily cleanable, non-toxic commercial food grade materials; kept free of cracks, chips, holes, pits and sharp edges; and maintained in a clean and sanitary condition. Upon request of the Department, a permittee shall provide proof acceptable to the Department that a material used in construction or equipping of a mobile food unit is certified as food grade. (1) Lubricants. Equipment for processing foods that contain bearings and gears maintained and operated with non-food grade lubricants must be designed and constructed so that lubricants can not leak, drip, or contaminate food or food contact surfaces. (2) Cooking surfaces. Cooking surfaces within a mobile food vending unit shall be placed and configured so as to minimize the risks of food contamination and injury to patrons, vendors, and the public. (b) Non-food contact surfaces. All non-food contact surfaces must be smooth, easily cleanable, maintained in good repair and kept clean. If solder is used in construction or repairs, it shall be made of non-toxic materials, corrosion resistant, and contain less than 0.2% lead. (1) Interior non-food contact surfaces. Interiors of mobile food vending units, including floors, walls and ceilings of food trucks, and non-food contact surfaces of equipment that are exposed to food splash or debris, or that otherwise require frequent cleaning shall be designed and constructed of smooth, non-toxic and washable materials, free of unnecessary ledges, projections, or crevices, readily accessible for cleaning and sanitizing and maintained in a clean and sanitary condition. (2) Exterior non-food contact surfaces. Exterior non-food contact surfaces shall be constructed of smooth, durable, non-porous, non-toxic materials, without any open seams and joints. (3) Permit decal and grade card to be visible and unobstructed. The permittee shall provide a space on the unit that is a permanent part of the mobile food vending unit for the placement of a permit decal and the posting of a grade card in accordance with this chapter. Such space shall: (A) not be readily or easily removable and shall consist of a flat, smooth metal surface; (B) be no less than 14 inches in height and 14 inches in width; (C) be located on the exterior of the unit directly to the left or right of the primary customer service window or service area; (D) be adjacent to the primary customer service window or be located as close to the top of the unit as possible as to be readily visible to the public; (E) not be located near any heat-producing equipment or any side of the unit that abuts the curb; and (F) not be covered by any material or protective covering that blocks or obscures the permit-decal or grade card, or impedes direct access for physical examination, inspection, and removal by government officials. (4) Doors and windows. In a food truck a partition or a partition with a self-closing door shall be installed between the driver's seat and the food processing and service area. To protect foods from potential contamination in all units, no service window may be installed over or behind cooking or food preparation equipment. (c) Lighting. A mobile food vending unit shall be equipped with artificial lighting fixtures providing a minimum of 540 lux (50 foot candles) of light at all food contact surfaces and ware washing sinks whenever natural lighting conditions do not meet that standard. When artificial lighting is used, shatter-proof or shatter-guarded lighting shall be installed. Lighting fixtures located over or near food storage, preparation and service equipment shall be shielded to prevent broken glass from falling into food or onto food contact surfaces. (d) Ventilation. Cooking equipment shall be mechanically ventilated to prevent a nuisance from heat, smoke, odors or fumes. Mechanical ventilation hoods and equipment shall be installed and used to prevent grease, steam, smoke, and odors from collecting on interior surfaces, contaminating food and creating a nuisance. If filters and other grease extracting equipment are not designed to be cleaned in place, they must be readily removable for cleaning and replacement, and must be removed and cleaned to prevent accumulations of grease. Power generators shall be used and vented in accordance with manufacturers' specifications. (e) Insect and rodent control. Mobile food vending units shall be maintained so as to be free of insects, rodents, and conditions promoting harborage, as defined in 24 RCNY Article 151, and breeding of insects and rodents. (f) Potable water supply. Mobile food vending units that are required to maintain a potable water supply in accordance with Table 1 of 24 RCNY § 6-05 shall be equipped with plumbing and plumbing fixtures that provide adequate supplies of potable hot and cold water during all times of operation. Individuals operating mobile food vending units shall maintain sufficient supplies of potable water to allow for hand, ware and food washing and food preparation. Plumbing and fixtures shall be properly connected, vented and drained to prevent contamination of the City water supply or any other potable water supply. Water supply outlets and connections to water supply fixtures or equipment shall be designed and constructed to prevent back-flow into the water supply. Bottled and packaged potable water certified by the New York State Department of Health for sale in New York State may be used to supplement the potable water supply, if handled and stored in a way that protects it from contamination. If used, bottled and packaged potable water shall only be poured into tanks from the original containers. Failure to provide and maintain potable water supplies required by this Chapter is an imminent health hazard requiring immediate cessation of operation of any mobile food vending unit. (1) Tank capacity. When a potable water supply is required by Table 1 of 24 RCNY § 6-05, a food truck shall be equipped with a tank or tanks with a total capacity of no less than 40 gallons; other mobile food vending units shall be equipped with a tank or tanks with a total capacity of no less than 10 gallons. All tanks shall be filled to capacity prior to beginning operation or operating. On and after January 1, 2020, all potable water tanks shall be equipped with a mechanical or electronic device indicating the amount of water remaining in the tank. Water levels must be marked on each tank in gallon (or metric equivalent) increments, from zero to the tank's maximum capacity, that are readily observable and easily readable by the vendor from outside the tank. (2) Water tanks and inlet pipes. Water tanks shall be constructed of food grade materials that are corrosion resistant, durable and non-absorbent. Water inlet pipes shall be made of flexible, food-grade material. The fitting for hose connections shall be capped except when tanks are being filled. (g) Plumbing. Plumbing fixtures shall be constructed of food grade material; piping and distribution piping shall be installed and maintained to protect the water from contamination. All piping shall be easily accessible for inspection and repair. (1) Tank drainage. Potable water tanks shall be fitted with a faucet or valve and tilted to allow complete drainage. The entire system shall be constructed to be drained by gravity or other means acceptable to the Department. (A) Potable and waste water connections on a mobile food vending unit shall be designed and constructed so as to prevent backflow and/or cross-connection with the water supply. (B) Equipment and fixtures used for storage, preparation, or processing of food that are drained into the waste water tanks shall be equipped with a readily accessible vented check valve on the waste line. (C) No equipment may be directly attached to the potable water supply unless an approved backflow device is installed. (2) Pressure. Potable water, when required by Table 1 of 24 RCNY § 6-05, shall be dispensed at sufficient pressure to provide a constant adequate flow. (h) Waste water system. Waste water shall be stored and disposed of in accordance with 24 RCNY Health Code § 89.25. (1) Waste water storage tanks and pipes shall be designed and maintained so as not to leak or spill on sidewalks or public streets. (2) When required by Table 1 of 24 RCNY § 6-05, waste water tanks shall have a minimum capacity that is at least 15% greater than the potable water supply capacity and be clearly and permanently labeled "waste water." (3) Mobile food vending units creating liquid waste, including but not limited to units serving beverages such as coffee or tea or boiling frankfurters or holding melting ice, shall be equipped with a waste water tank with a minimum capacity that is at least 15% greater than the amount of water used for brewing coffee, processing food or for other liquid waste. (4) Mechanically refrigerated equipment and containers where ice is used must be equipped with an indirect waste connection, in accordance with 24 RCNY Health Code § 81.20, that drains into the waste tank. (i) Hand washing, ware washing and food washing. (1) Hand wash sink. When required by Table 1 of 24 RCNY § 6-05, mobile food vending units must be equipped with a separate hand wash sink or with one compartment of a multi-compartment sink that is used only for hand washing and no other purpose. The hand wash sink must: (A) Be located in the food preparation area, accessible for immediate use at all times, at a convenient height, and not obstructed by or used to store supplies or other equipment; (B) Dispense potable running water; (C) Have a dispenser valve or faucet which provides a constant flow of water when opened; (D) Be supplied by a potable water storage tank constructed of food grade material that holds at least five (5) gallons of water; (E) Be equipped with supplies of soap and paper towels or other single-use hand drying device; and (F) Be equipped with "Wash Hands" signs in accordance with 24 RCNY Health Code § 81.21(c). (2) Ware washing and sanitizing sink. (A) All equipment and utensils must be cleaned and sanitized at least once daily at the mobile vending unit commissary in accordance with 24 RCNY Health Code § 89.19(l). When required by Table 1 of 24 RCNY § 6-05, a sink with a swivel faucet must be provided to wash and sanitize utensils and equipment that have become contaminated while the unit is in operation before being re-used. (B) Utensils being used to serve or dispense ready to eat foods may be stored in a container of water heated to and maintained at 135 degrees Fahrenheit (57 degrees Celsius) or higher. The container must be cleaned and sanitized at least once every 24 hours at the permittee's commissary, and be large enough to allow immersion of the largest sized utensils. (C) A sink used for ware washing and sanitizing may be used for washing foods, but may not be used for washing hands or as a slop or utility sink. (3) Washing foods in a separate food washing sink or food grade container. When required by Table 1 of 24 RCNY § 6-05, a separate dedicated sink, or a food grade container placed in a compartment of a ware washing sink may be used for washing food that requires washing while the unit is in operation. (A) The sink and the colander in which food is washed must not contain any other equipment or supplies when food is being washed, and must be cleaned and sanitized before and after washing any food. (B) Any sink in which food is washed must be indirectly drained as defined in 24 RCNY Health Code § 81.03(z) or successor provision. (4) No sink used for washing hands, wares or food may be used as a slop or utility sink. (l) Hot and cold storage. When required by Table 1 of 24 RCNY § 6-05, mechanical or other holding equipment shall be provided and used to hold potentially hazardous hot foods at or above 140 degrees Fahrenheit (60 degrees Celsius) and cold foods at or below 41 degrees Fahrenheit (five degrees Celsius). (1) Thermometers. Each hot and cold storage unit shall be equipped with a numerically scaled or other indicating thermometer, accurate to plus or minus two degrees Fahrenheit (one degree Celsius). (2) Placement of thermometers. Thermometers in cold holding equipment shall be placed in such equipment or cold holding containers to measure air temperature in the warmest part of the unit. Thermometers used to measure the temperature of food in hot holding equipment shall be placed so that they measure the temperature in the coolest part of such equipment. (m) Compliance with fire safety requirements. In addition to the other requirements of this section, all mobile food vending units and commissaries shall comply with the New York City Fire Code (Title 29 of the Administrative Code) and rules of the Fire Department found in 3 RCNY Chapter 38, or successor provisions, regulating the use of any flammable gas, and governing the storage, handling and use of propane and other liquefied petroleum gases ("LPG"). As set forth in Chapter 38 of the Fire Code and Chapter 38 of the Fire Department rules, such provisions prohibit the use of any flammable gas other than LPG for cooking and heating on a mobile food vending unit. The provisions also prohibit the placement of any unit with propane or other LPGs on a subway grate, and among other things regulate: (1) Design of the cooking grills and other heating equipment; (2) Size, number, location and securing of the LPG containers; (3) Securing of container valves; and (4) Size, type, location and mounting of required portable fire extinguishers. (n) Ice cream trucks. No decal may be issued for any food truck to be used to vend ice cream and other frozen desserts unless such truck is equipped with fully operational warning beepers and signage arm as required by the State Vehicle and Traffic law and the rules promulgated under such law. (o) Overhead structure. Every mobile food vending unit shall be equipped or constructed with an overhead structure such as an overhang, roof, canopy, umbrella or similar device adequate to protect food and equipment from contamination. (p) Food security. All mobile food vending units shall be equipped with appropriate food grade coverings, tamper-proof locks or other mechanisms. Vendors shall secure such units when it is necessary to leave mobile food vending units unattended on a street for no more than one-half hour. Units left unattended for periods longer than one-half hour shall be deemed abandoned and an imminent health hazard, in accordance with 24 RCNY Health Code § 89.31(c). (Amended City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-05 Mobile Food Vending Units: Supplies and Equipment Required for Different Classes of Mobile Food Vending Units.

§ 6-05 Mobile Food Vending Units: Supplies and Equipment Required for Different Classes of Mobile Food Vending Units. (a) In addition to the general requirements for construction and design of mobile food vending units and their equipment in 24 RCNY § 6-04, and the location sharing device required by 24 RCNY § 6-21, each class of vending units shall be supplied and equipped in accordance with Table 1 of this section. The minimum equipment required is determined by the class of the unit and the foods that are processed and/or sold on the unit. (b) Permit subject to revocation; mobile food vending units subject to seizure. Persons who prepare, process or serve foods from a mobile food vending unit that is not equipped in accordance with the requirements specified for the unit's permit classification as set forth in this section will be deemed to be vending without a permit. Such units and their contents are subject to seizure, removal of the permit decal or insignia, and any other sanctions prescribed by applicable law, including but not limited to, provisions of 24 RCNY Health Code Article 89. Table 1. Supply and Equipment Requirements for Mobile Food Vending Units Potable water Food and ware washing sinks1 Hand wash sink Waste water tank Overhead structure Ventila- tion Cold holding Hot holding Thermo- meters Class A: Potentially hazardous raw foods cooked on unit; e.g., fried and grilled sausages, poultry, shish kebab, hamburgers, eggs and gyros Yes Yes Yes Yes Yes Yes Yes Yes Yes Class B: Potentially hazardous prepared foods combined on the unit; e.g., sandwiches, raw fruits, vegetables and salads, breads, bagels and rolls buttered or topped with cream cheese on the unit, smoothies and soft serve ice cream Yes Yes Yes Yes Yes Yes Yes Yes Yes Class C: Potentially hazardous prepackaged foods; e.g., prepackaged frozen desserts, prepackaged sandwiches, and prepackaged and presliced fruits and vegetables No No No Yes3 Yes No Yes Yes Yes Class D: Non-potentially hazardous unpackaged or packaged foods; e.g., boiled frankfurters and sausages, brewed coffee and tea, donuts, pastries, rolls and bagels buttered or topped with cream cheese at a commissary, popcorn, cotton candy, nuts, candied nuts, soft pretzels, chestnuts Yes2 No No Yes3 Yes Yes Yes3 Yes3 Yes3 Class E: Non-potentially hazardous uncut fruit and vegetables; raw prepackaged shelled nuts and shelled nuts. No other foods. No No No No Yes No No No No Notes: 1. Food and ware washing sinks may be separate or multi-compartment. A single sink is acceptable for food and ware washing in a food-grade colander. 2. Waste water tanks are required when generating liquid waste from brewing coffee or tea, boiling frankfurters, or serving or using ice. See 24 RCNY § 6-04(h)(3). 3. Hot and cold holding equipment or methods required for potentially hazardous foods such as hot dogs, sausages and knishes. (Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 7/28/2022, eff. 8/27/2022)

24 RCNY § 6-06 Size and Placement of Mobile Food Vending Units.

§ 6-06 Size and Placement of Mobile Food Vending Units. (a) Non-truck units. No new permit shall be issued for any mobile food vending unit pushcart that exceeds ten (10) feet in length and five (5) feet in width, including wheels, axles and other appurtenances to such wheels. When vending on a sidewalk, the operator must place the unit so that the longer side is adjacent and parallel to the curb abutting the sidewalk. (b) Food trucks. These size restrictions do not apply to food trucks. (Amended City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-07 Green Carts.

§ 6-07 Green Carts. (a) Foods offered. Green carts may offer only the following foods: (i) Unprocessed, unfrozen, raw fruits and vegetables that have not been combined with other ingredients. (ii) Prepackaged raw, cut or sliced fruits or vegetables, which may include dried herbs and spices and which do not contain added sodium or added natural or artificial sweeteners. (iii) Prepackaged, still or carbonated water, which may contain flavoring or minerals but does not contain sodium or natural or artificial sweeteners and must have zero calories. (iv) Raw, single-ingredient nuts. Shelled nuts must be prepackaged. (b) All packaged foods must be labeled in accordance with NYS Department of Agriculture and Markets regulations. (c) Exemption of police precincts where green carts may vend. Notwithstanding any provision in § 17-307(b)(4)(b) of the Administrative Code, no fresh fruits and vegetables permit may be designated for use within either the 45th or 72nd police precincts of the City of New York. (d) Additional police precincts where green carts may vend. Notwithstanding any provision in § 17-307(b)(4)(b) of the Administrative Code, fresh fruits and vegetables permits may be used within the 63rd and 69th police precincts of the City of New York. (Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 7/28/2022, eff. 8/27/2022)

24 RCNY § 6-08 Facilities for Servicing Class D and Class E Mobile Food Vending Units.

§ 6-08 Facilities for Servicing Class D and Class E Mobile Food Vending Units. (a) Use of a facility that services four or fewer Class D and/or Class E mobile food vending units that are not food trucks, or one Class D or Class E food truck, may be approved by the Department at or prior to the pre-permit inspection of such Class D and/or Class E units. (b) A person holding a permit for a Class D or Class E mobile food vending unit who requests approval from the Department for use of a facility other than a commissary shall identify the location of such facility, and provide the Department with the individual or business name, address, telephone number(s), and e-mail contact information, if available, for the owner of the facility. The owner of the facility, or the permittee, if the permittee is the owner of the property where the facility is located, shall certify to the Department that the facility complies with all of the following conditions: (1) The facility is not used to store or discard food. (2) The facility is constructed of materials whose surfaces are easily cleanable, non-toxic, non-absorbent and smooth and designed to protect the mobile food vending unit at all times from environmental contamination. (3) The facility is adequately lighted; equipped with potable hot and cold running water and drainage for liquid wastes; provides adequate space and facilities for cleaning and storing the unit; and is located entirely on private property. (4) The facility has all required permits other than a commissary permit and its use complies with all applicable fire safety, zoning and building laws. At the request of the Department, the user shall provide copies of any required permits. (5) No more than four Class D and/or Class E mobile food vending units are serviced at the facility. (6) Any mobile food vending units stored in the facility and the facility must be kept in a sanitary condition. (7) No units may be cleaned on public streets or sidewalks. (8) No live animals shall be kept or allowed within any storage or cleaning facility. (9) Garbage, refuse and other solid and liquid wastes shall be collected and stored at the mobile food vending unit while the unit is in use, and removed from the unit and disposed of at a commissary or other approved facility so as not to create a nuisance in accordance with 24 RCNY Health Code § 89.25.

24 RCNY § 6-09 Manufacturer or Exclusive Distributor Lease Agreements.

§ 6-09 Manufacturer or Exclusive Distributor Lease Agreements. (a) "Lease" or "Lease agreement" submitted for Department approval pursuant to Administrative Code § 17-314.1(d)(2), as used in this section, means a written agreement between an exclusive distributor or a manufacturer (lessor) holding more than one temporary mobile food unit permit and a mobile food vendor licensee (lessee). The agreement is for the transfer, for a stated period of time and for a fixed amount as set forth in such written agreement, the possession of a mobile food unit owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's temporary mobile food unit permit attached to the mobile food unit. (b) All lease agreements involving the leasing of multiple temporary mobile food unit pushcarts and food trucks by manufacturers and exclusive distributors and licensed mobile food vendors that are submitted to the Department for review and approval pursuant to § 17-314.1(d)(2) of the Administrative Code must contain a rider to such lease agreements, in a form provided or approved by the Department, that is dated and signed by both parties. The department will maintain copies of an approved lease agreement form on its website and make copies available to any person on request. (c) The provisions of § 17-314.1(d)(2) of the Administrative Code and this section apply to only the manufacturers and exclusive distributors of food products who held multiple temporary or seasonal permits prior to 1995, were authorized to renew up to 60 of those multiple temporary permits, and were exempted from application of Administrative Code § 17-307(b)(2)(f), that provides that a person (an individual or any other entity) may renew or obtain only one permit.

24 RCNY § 6-10 Violations.

§ 6-10 Violations. (a) "A" violations defined. For the purposes of mobile vending permit or license renewal, or issuance of a new license or permit, "A" violations are all violations of the Health Code, the State Sanitary Code, these rules and the violations of the Administrative Code listed in subdivision (d) of this section where the licensee, permittee or applicant is found in violation as a result of a hearing on the merits or by default. (b) "A" violation penalties to be paid. Every person renewing a mobile food vending license or a mobile food unit permit, or applying for a new mobile food vending license or mobile food unit permit shall pay all fines and penalties for all "A" violations as defined by subdivision (b) of this section that have been adjudicated, or for which the licensee, permittee or applicant for a license or permit has been found in default. Proof of payment of all such fines and penalties must be submitted prior to issuance of a new or renewal license or permit, notwithstanding the provisions of Section 1049-a(d)(1)(i) of the Charter. (c) Basis for revocation, suspension, or denial of new or renewal permit or license. The Commissioner may refuse to issue a mobile food vending license or a mobile food unit permit and may, after due notice and an opportunity to be heard, in addition to any other penalties, refuse to renew, suspend or revoke such a license or permit. Such action may be taken when the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees (i) have been found to be in violation of four or more of the provisions of Subchapter 2 of Chapter 3 of Title 17 of the Administrative Code that are classified as "A" violations in subdivision (d) of this section within a two-year period, (ii) have been found to be in violation of any of the provisions of part fourteen of the State Sanitary Code or of the Health Code, or (iii) the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have pending any unanswered summonses for a violation of a provision of Subchapter 2 of Chapter 3 of Title 17 of the Administrative Code that is classified as an "A" violation in subdivision (d) of this section. (d) Administrative Code "A" violations. For the purposes of revocation or suspension of mobile food vending permits or licenses, or of determining whether such permits or licenses may be renewed or new licenses and permits issued, "A" violations mean violations of the following provisions of Subchapter 2 ("Food Vendors") of Chapter 3 ("Licenses and Permits") of Title 17 of the Administrative Code or successor provisions, as listed below in 24 RCNY § 6-10 Table 1, where the licensee, permittee or applicant is found in violation as a result of a hearing on the merits or by default: § 6-10 Table 1. Administrative Code "A" Violations Section Description § 17-307(a) Unlicensed mobile food vendor. § 17-307(b) Unpermitted mobile food unit. § 17-307(d) Vending unapproved items. § 17-311 Failure to display mobile food vending license, mobile food vending unit permit, or mobile food vending unit decal, plate or insignia. § 17-314(a) Failure to permit regular inspections. § 17-314(b) Failure to give supplier/depot/commissary information. § 17-314(c) Sale of unauthorized foods without written approval. § 17-314.1 Sale, loan, lease or transfer of license, permit or decal, plate or insignia. § 17-315(a) Vendor on sidewalk that allows less than 12 feet as pedestrian path; or unit not at, or abutting curb. § 17-315(e) Vendor within bus stop, within 10 feet of any driveway, any subway entrance or exit, or any crosswalk at any intersection. (e) Permittees liable for mobile food vending unit operation; service of notices of violation. In accordance with 24 RCNY Health Code §§ 5.13 and 89.13, permittees are jointly and severally liable for violations of the Health Code, the State Sanitary Code, the Administrative Code and any other applicable law that occur in the course of operation of mobile food vending units bearing their permits. A person operating a mobile food vending unit who is not the permittee shall be deemed an agent of the permittee, and the mobile food vending unit being operated by such person shall be deemed the place of business of the permittee, for the purpose of service of any notice of violation issued to the permittee by the Department. The notice of violation may also be issued by any other agency of the City authorized to issue notices of violation in the course of enforcement of any law applicable to mobile food vending. If, in the course of operation of a mobile food vending unit, a person other than the permittee is served with such notice of violation or order issued to the permittee, the person other than the permittee shall deliver the notice of violation or order to the permittee within two business days of receiving such notice of violation, and the Department or other agency issuing the notice of violation shall mail such notice of violation to the permittee by first class mail, maintaining and submitting a record of the mailing to the Environmental Control Board as proof of service.

24 RCNY § 6-11 Inspections; Permit Issuance and Renewal.

§ 6-11 Inspections; Permit Issuance and Renewal. No unit shall be approved for use and no permit shall be issued unless such unit has passed a pre-permit inspection by the Department and found to be constructed and equipped in compliance with this Chapter and 24 RCNY Health Code Article 81 and Article 89; and the permit-holder or permit applicant has submitted proof acceptable to the Department that the unit is serviced and stored by a commissary or other approved facility. (a) Renewal applications to be submitted timely. An application for renewal of any permit shall not be accepted unless the applicant submits a complete renewal application and proof of payment of all fines and penalties owing for notices of violation as required by § 17-317(b) of the Administrative Code and 24 RCNY § 6-10, no later than thirty (30) days before the date of expiration of the permit. The Department may accept a late renewal application only if the applicant submits proof that may be verified by the Department that the delay in submission of the completed application and such proof of payment resulted because of delays in issuing such proof of payment. In such cases, the permittee must show that payment of all fines and penalties owing for notices of violation as required by § 17-317(b) of the Administrative Code and 24 RCNY § 6-10 was submitted at least sixty (60) days before the date of renewal of the permit. (b) Inspections to be scheduled timely. In accordance with § 17-307(e) of the Administrative Code, a new or renewal permit shall not be issued if the applicant's mobile food vending unit fails to pass a pre-permit inspection by the Department within six (6) months after the permit application has been certified or accepted by the Department. The Department may conduct such an inspection more than six (6) months after the application has been submitted only if Department records indicate that the Department caused the delay in scheduling the inspection. (c) Permit holder photographs. All individual applicants for a new or renewed permit, and persons who require a replacement or substitute permit or decal for a mobile food vending unit, shall personally appear at a location designated by the Department so that a current identifying photograph may be taken. (d) Pre permit inspections. Permit applicants or permittees must bring the mobile food vending unit in for inspection, at a place designated by the Department, and present (i) a currently valid mobile food vendor's license, and (ii) another government issued photo identification acceptable to the Department in the following circumstances: (1) Before the issuance of a new or renewed mobile food vending permit and decal; (2) When a permittee seeks to replace a mobile food vending unit with another unit; (3) When a permittee seeks to amend a permit classification from non-processing to processing or processing to non-processing; (4) When a mobile food vending unit has sustained a material alteration, as defined in 24 RCNY Health Code § 89.03(e); or (5) When any permit decal has been removed. (e) Applicants other than natural persons. If an entity other than a natural person is an applicant or permittee, such as a corporation or limited liability company, the person who brings a mobile food vending unit in for inspection on behalf of such entity must be a person authorized by law to accept service of process on behalf of such entity pursuant to article 3 of the New York CPLR. Such persons may include an officer, director or managing agent of a corporation; a partner of a partnership or limited partnership; or a member of a limited liability company. No other person may bring any mobile food vending unit to the Department for the non-operational inspections required by this section. (f) Identifying operators of mobile food vending units. The applicant for a new or renewal permit must (1) complete a form provided by the Department listing the name(s), address(es), telephone number(s) and the currently valid mobile food vending unit license number(s) of each person who will be operating the mobile food vending unit, and (2) provide a statement describing the legal relationship of such person to the permit holder, in accordance with § 17-309(b)(1) of the Administrative Code. The completed form shall be signed and notarized by the permit applicant. (g) Service contract or agreement from a commissary or other approved facility. At the pre-permit inspection, the permittee or permit applicant must provide an original agreement or contract signed by a commissary operator, or a person in charge of a facility other than a commissary that provides services to no more than four Class D or Class E units that are not food trucks, or one Class D or Class E food truck, indicating the specific goods and services provided for the permittee's mobile food vending unit. The permittee must maintain a copy of such agreement on the mobile food vending unit at all times of operation and make it available for inspection by the Department. Such goods and services must include, but are not be limited to: (1) Storage of the unit and foods. (2) Cleaning and sanitizing of the unit, equipment and utensils. (3) Disposing of liquid and solid waste and refuse generated by operation of a unit. (4) Amount of potable water supplied. (5) Foods provided, including those prepared at the commissary and prepackaged; and name of person preparing foods. (6) Non-food supplies provided by the commissary. (h) Inspection of damaged, repaired or materially altered mobile food vending units. A pre-permit inspection is required when a mobile food vending unit is materially altered as defined by 24 RCNY Health Code Article 89. (i) Decals. No decal may be placed on any mobile food vending unit unless a Department inspector has determined at a pre-permit inspection that the unit is constructed and equipped in accordance with this Chapter, and that the person renewing or applying for a permit has completed and submitted all forms required by this section. (j) Units to be photographed. The Department may take photographs of mobile food units at any time, so that the Department may verify that the unit has passed a pre-permit inspection. (k) Notification of changes in operations. Permittees must notify the Department, in writing, on forms approved or provided by the Department, no later than ten business days after there has been a change in: (1) Persons operating each unit as indicated on the form described in 24 RCNY § 6-12(c), or (2) Commissary used. Permittees must provide a copy of an agreement from the new commissary with such notice. (l) Enforcement. The commissioner may refuse to issue a new or renewal permit for: (1) Failing to allow photographs of the permittee or the unit. (2) Failing to appear in person for pre-permit inspections of a mobile food vending unit. (3) Failing to provide information about the operators of the units or foods sold on the unit, or (4) Failing to maintain and submit an agreement with a commissary. (5) Failing to bring the mobile food vending unit to a place designated by the Department to post a letter grade or to install, replace or maintain a location sharing device to the unit. (6) Removing, disposing, tampering with, or modifying the letter grade posted to a mobile food vending unit or a location sharing device installed to the unit. (Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 12/23/2021, eff. 1/22/2022; amended City Record 1/12/2022, eff. 2/11/2022; amended City Record 10/8/2024, eff. 11/7/2024)

24 RCNY § 6-12 Records of Commissaries and Other Approved Facilities.

§ 6-12 Records of Commissaries and Other Approved Facilities. Commissaries and other approved facilities providing services to four or fewer Class D or Class E units that are not food trucks, or one Class D or Class E food truck, shall keep records in a daily log, in a form provided or approved by the Department, documenting the daily use of commissary services and facilities by mobile food vendors in accordance with 24 RCNY Health Code § 89.27(b). The log must indicate the date and time of day each unit is brought in and leaves the commissary.

24 RCNY § 6-13 Disabled Veterans Mobile Food Unit Vending Permits.

§ 6-13 Disabled Veterans Mobile Food Unit Vending Permits. Disabled veterans who hold currently valid specialized vendor licenses issued pursuant to General Business Law § 35-a and mobile food vending licenses issued by the Commissioner may apply for and be issued permits to operate mobile food vending units on sidewalks surrounding parks within the jurisdiction of the New York City Department of Parks and Recreation, or successor City agency, in accordance with the following conditions: (a) An applicant for a permit issued pursuant to this section may not hold any other currently valid mobile food vending unit permit, and only one such permit may be issued to any applicant. (b) In accordance with General Business Law § 35-a, such permit authorizes vending only on sidewalks surrounding park lands. (c) Operation of the mobile vending unit is subject to all provisions of General Business Law § 35-a. (d) During all times that a mobile food vending unit issued a permit under this section is in operation, as the term "operation" is defined in 24 RCNY Health Code § 89.03(j) or successor provision, a disabled veteran shall be present, but may be assisted by an employee who is a licensed mobile food vendor. Department inspection reports which note the absence of a disabled veteran licensee are deemed proof that a disabled veteran is not operating the unit, in violation of General Business Law § 35-a. (Amended City Record 12/23/2021, eff. 1/22/2022; amended City Record 1/12/2022, eff. 2/11/2022; amended City Record 10/12/2022, eff. 11/11/2022)

24 RCNY § 6-14 Government Agency and Charitable Organization Exemptions.

§ 6-14 Government Agency and Charitable Organization Exemptions. In accordance with § 17-320(a) of the Administrative Code, the Commissioner may exempt any area within the control of a government agency or charitable organization from provisions of Title 17 of the Administrative Code that limit the total number of full-term or temporary mobile food vending permits that may be issued, or the number of permits that may be issued to any one person. The Commissioner may make this exemption provided that (i) the request for issuance is made in writing by the agency or organization and (ii) permittees comply with all other applicable provisions, limitations and conditions imposed by the New York City Administrative Code, the Health Code, the State Sanitary Code and these rules.

24 RCNY § 6-15 Modification.

§ 6-15 Modification. When the strict applicability of any provision of this Chapter presents practical difficulties or unusual or unreasonable hardships, the Department, in a specific instance, may modify the application of such provision consistent with the general purpose of this Chapter and upon such conditions as are deemed necessary.

24 RCNY § 6-16 Scoring Mobile Food Vending Unit Inspections.

§ 6-16 Scoring Mobile Food Vending Unit Inspections. The Department shall, when conducting a sanitary inspection, assess points only for those violations, violation conditions and condition levels listed in Appendix 6-A (Self-Inspection Worksheet for Mobile Food Vending Units (MFVU)) and Appendix 6-B (Mobile Food Vending Unit (MFVU) Inspection Scoring Parameters: A Guide to Conditions) to this Chapter. Terms used in these appendices and not otherwise defined in this Chapter shall have the same meaning as defined in 24 RCNY Health Code Articles 81 and 89 of the Health Code. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-17 Letter Grading.

§ 6-17 Letter Grading. (a) The Department, whenever practicable, shall conduct an inspection at least annually of each mobile food vending unit for the purpose of issuing such unit a letter grade. Based on the results of either the initial inspection or reinspection within an inspection cycle, a mobile food vending unit shall be graded as either "A", "B", or "C" for that inspection cycle, except that a unit shall not receive any grade if the Department orders that it be closed. (b) The Department shall issue a letter grade of "A" to any unit that receives fewer than 14 points on either the initial inspection or reinspection within an inspection cycle. (c) The Department shall not issue a letter grade to any mobile food vending unit receiving 14 or more points on an initial inspection but shall schedule a reinspection to occur no sooner than seven days after the initial inspection. The Department shall on the reinspection issue a grade of "B" to any unit receiving 14 - 27 points and a letter grade of "C" to any unit receiving 28 or more points. (d) In addition to conducting an initial and any reinspection for the purpose of issuing a unit a letter grade, the Department may, in any inspection cycle, also conduct a compliance inspection after any inspection that results in a score of 28 points or more. The score received on any compliance inspection shall not change a unit's letter grade for that inspection cycle. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-18 Intervals Between Inspection Cycles.

§ 6-18 Intervals Between Inspection Cycles. (a) The time between a completed cycle and the initial inspection in the next inspection cycle for a unit that receives 14 or more points on its initial inspection shall be determined by the higher score from either its initial inspection or its reinspection. (1) An initial inspection commencing a new cycle shall be conducted approximately one year after issuance of an "A" grade to a unit that received less than 14 points on its initial inspection in the previous cycle. (2) An initial inspection commencing a new inspection cycle shall be conducted 150 - 210 days after the reinspection of any unit that receives a score of 14 - 27 points on an initial inspection or reinspection and does not score 28 or more points on either of these inspections. (3) An initial inspection commencing a new inspection cycle shall be conducted 90 to 150 days after the final inspection of the cycle of a unit that receives a score of 28 or more points on its initial inspection or reinspection. (4) An initial inspection commencing a new inspection cycle shall be conducted within 60 to 120 days of reopening for a unit that is authorized by the Department to reopen following a Department closure that occurs on an initial or reinspection of that unit. (b) When there is an increased risk to public health as determined by the Department, nothing in these rules shall prevent the Department from inspecting a unit and treating that inspection as the initial inspection in a new inspection cycle. Such circumstances include, but are not limited to, a unit having a history of Department closure(s), being the subject of complaints of unsanitary conditions, or being compromised following an environmental emergency. (c) Notwithstanding the provisions of this section, a new inspection cycle shall commence whenever: (1) A mobile food vending unit changes from a pushcart to a vehicle or from a vehicle to a pushcart, as such terms are defined in 24 RCNY Health Code Article 89. (2) A new decal is issued because there has been a change in the permit classification as described in 24 RCNY § 6-03. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-19 Posting Letter Grades.

§ 6-19 Posting Letter Grades. A mobile food vending unit must have a letter grade posted at all times, as required by these rules. (a) The Department shall at the time of inspection issue and post a letter grade "A" on a unit that receives a score of less than 14 points on an initial or reinspection. (b) If a mobile food vending unit receives a score of 14 or more points on an initial inspection, and is not closed by the Department, it shall continue to post its grade from the prior inspection cycle until its reinspection. If the unit has been issued no prior grade card, it shall have no posting until its reinspection. (c) If a mobile food vending unit receives a score of 14 or more points on the reinspection, and is not closed by the Department, the Department shall post on the unit a "grade pending" card. If the permit-holder elects to have the grade of "B" or "C" earned at the reinspection posted to the unit instead of a "grade pending" card, the permit-holder may contact the Department to arrange for the unit to be brought to a place designated by the Department so the Department may post the preliminary grade. (d) Grading after adjudication of summonses. Where a unit scores 14 or more points on a reinspection and was issued one or more summons for findings made at that inspection, the following shall apply: (1) Except as described in paragraph (2) of this subdivision, within 42 days of the reinspection date that generated the summons, the permit-holder shall contact the Department to arrange for the posting of the final letter grade for that inspection cycle. (2) If the permit-holder adjudicates all summonses associated with the reinspection on or before the hearing date listed on those summonses but has not received hearing decisions within 42 days from the time of reinspection, the permit-holder may continue to post a "grade pending" card until hearing decisions are issued. In this instance, the permit-holder shall have five (5) days from the date of decision to contact the Department to arrange for posting of the final letter grade for that inspection cycle. (3) It shall be the duty of the permit-holder to check the status of summons and comply with the timeframes of this section for the posting of letter grades. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-20 Position of Grade Cards on Mobile Food Vending Units; Tampering Prohibited.

§ 6-20 Position of Grade Cards on Mobile Food Vending Units; Tampering Prohibited. (a) The Department shall post a letter grade or "grade pending" card on the mobile food vending unit on top of the decal or any other place determined by the Department. (b) A mobile food vending unit shall not dispose of, remove, tamper with, obscure or modify the letter grade card. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-21 Location Sharing.

§ 6-21 Location Sharing. (a) The Department will provide and install a location sharing device on each mobile food vending unit that is required to be permitted by the Department to vend food. The Department may alter the mobile food vending unit to the extent necessary to install such device on the unit. (b) A location sharing device shall remain the property of the Department. After the Department installs the device, the mobile food vending unit shall operate with the device installed on the unit at all times. (c) The Department shall install the initial location sharing device at a pre-permit inspection. No person other than the Department shall attempt to or actually remove, dispose of, obstruct, tamper with, or modify a location sharing device. Removing, disposing of, or tampering with, or in any way interfering with the operation of the location sharing device shall be grounds to revoke a mobile food vending permit or license or both. (d) In the event the Department determines that the location sharing device on a mobile food vending unit is not functioning, it may issue a written order to the permit holder to bring the unit to a location designated by the Department. Upon receiving such an order, a permit holder must bring the unit to the designated location within five (5) days unless otherwise instructed by the Department. (e) The Department shall use the data obtained from a location sharing device only to locate a unit for the purposes of enforcing the provisions of this Chapter, the State Sanitary Code, the Health Code, the Administrative Code, Public Health Law, other Rule of the City of New York, or as otherwise required by a lawful order of a court with proper jurisdiction. (f) The device may not continuously track the location of the unit on which it is installed and may only be used to locate a unit at a specific moment in time. (g) Each location sharing device that is installed on a mobile food vending unit shall have a unique identifier that shall not be the same number as the mobile food vending unit permit, license or decal. (h) Only employees or agents of the Department who are authorized to enforce the laws and rules described in subdivision (e) of this section shall have access to the data gathered by a location sharing device, and the Department may not disclose such data to any other person, except as required by a lawful order of a court with proper jurisdiction. (i) Any data gathered by a location sharing device shall be maintained by the Department for no more than 24 hours and shall be transmitted and maintained as confidential information in a secure manner. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 6-22 Supervisory License and Associated Permit.

§ 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)

24 RCNY § 6-23 Submitting Proof of Correction for Eligible First-Time Violations.

§ 6-23 Submitting Proof of Correction for Eligible First-Time Violations. (a) Submission of proof of correction must be in writing in a form approved or provided by the Department. (b) The proof must be submitted to the Department electronically or in person within seven (7) calendar days of the date the violation was issued as recorded on the summons. (c) The proof must be affirmed by the permittee or their authorized representative that it is complete and accurate to the best of such person's knowledge. (d) Submission of any false statements in support of a proof of correction may be subject to penalties prescribed for violations of 24 RCNY Health Code § 3.19 and other applicable law. (e) A permittee whose first-time violation is pending at OATH for adjudication is not eligible to submit a proof of correction for a subsequent identical violation. (Added City Record 2/3/2023, eff. 3/5/2023)

24 RCNY § 6-24 Acceptance of Proof of Correction for Eligible First-Time Violations.

§ 6-24 Acceptance of Proof of Correction for Eligible First-Time Violations. (a) The Department must accept proof of correction if it determines that the proof is adequately documented and submitted timely in accordance with 24 RCNY § 7-10. Acceptance of proof of correction constitutes a cure and an admission of the violation for all purposes, except as provided in subdivision (b) of this section. (b) A first-time violation whose proof of correction has been accepted by the Department will not be subject to a civil penalty. (c) The determination of whether a violation is a first-time violation shall be based solely on the records of the Department. (d) The Department may require further documentation in addition to the proof of correction and may inspect the establishment or take any other action as it deems necessary before acceptance or rejection of such proof. (e) Nothing in this Chapter limits the authority of the Department to conduct other inspections or take any other action it deems necessary to enforce any provision of law within the jurisdiction of the Department. (Added City Record 2/3/2023, eff. 3/5/2023)

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/0-0-0-155091Fetched: 10/24/2026