Food Vendors

NYC Admin. Code tit. 17, ch. 3, subch. 2

in effect

NYC Admin. Code § 17-306 Definitions.

§ 17-306 Definitions. Whenever used in this subchapter the following terms shall mean: a. "Commissary". A service room, catering establishment, restaurant or any other place in which food, containers or supplies are processed, prepared, handled, packed, transferred or stored and directly from which food is distributed to a food vendor or from which any vehicle or pushcart offering food to the public in any public space is supplied. b. "Food". Any raw, cooked or processed edible substances, beverages, ingredients, ice or water used or intended for use or for sale in whole or in part for human consumption. c. "Food vendor" or "vendor". A person who hawks, peddles, sells or offers food for sale at retail in any public space. d. "Food vending business". The business of selling or offering food for sale at retail in a public space engaged in by a food vendor. e. "Public space". All publicly owned property between the property lines on a street as such property lines are shown on city records including, but not limited to, a park, plaza, roadways, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums and terminals. f. "Pushcart". Any wheeled vehicle or device used by a food vendor, other than a motor vehicle or trailer, which may be moved with or without the assistance of a motor and which does not require registration by the department of motor vehicles. The term "pushcart" shall include any green cart, as that term is defined by subdivision s of this section. g. "Vehicle". A motor vehicle or trailer, as defined in the vehicle and traffic law. h. "Vend". To hawk, peddle, sell or offer to sell food at retail in a public space, delivered immediately upon consummation of purchase. i. "Person." A natural person, partnership, corporation or other association. j. "Veteran". Any person who was in active service in the armed forces of the United States and was honorably discharged from such service. k. "Disabled veteran". A veteran who is certified by the United States department of veterans' affairs as having a disability rated at ten per centum or more that was incurred by such person during active service in the armed forces of the United States and which disability is in existence at the time of application for a permit under this sub-chapter. l. "Honorable discharge". Any type of discharge or release from the armed forces of the United States other than a dishonorable discharge. m. "Disabled person". Any person who has or had a physical or mental impairment that substantially limits one or more major life activities and has a record of such an impairment. For the purposes of this subdivision, "physical impairment" means a physiological disorder or condition, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; genitourinary; hemic and lymphatic; or skin and endocrine. It includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis. For the purposes of this subdivision, "mental impairment" means any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. For the purposes of this subdivision, "major life activities" means functions such as walking, seeing, hearing and speaking. For the purposes of this subdivision, a record of such an impairment shall be established by submission to the commissioner of either: (a) A letter or certificate describing the physical or mental impairment of the applicant which must include the notarized signature of one of the following: (i) A licensed physician, ophthalmologist, optometrist or psychologist; or (ii) An authorized representative of a social agency that conducts programs for the disabled in cooperation with an official agency of the state and from which the applicant is receiving services such as, but not limited to, the state office of vocational rehabilitation; or (b) A previous certification not more than one year old establishing the physical or mental impairment of the applicant such as, but not limited to, verification of an income tax exemption or social security benefits on the basis of physical or mental impairment. n. "Unemancipated child". Any son, daughter, step-son or step-daughter who is under the age of eighteen, unmarried and living in the same household. o. "Exclusive distributor". A person who has a written agreement with a manufacturer of a food product for the sale of that product by a food vendor licensed pursuant to this subchapter from a vehicle or pushcart to the exclusion of any similar food product manufactured by any other manufacturer. p. "Manufacturer". A person who processes or fabricates food products from raw materials for commercial purposes. q. "Fresh fruits and vegetables". Unfrozen raw fruits and vegetables that have not been combined with other ingredients. r. "Fresh fruits and vegetables permit". A full-term permit for the vending at retail solely of fresh fruits or vegetables, water, raw single ingredient nuts and any other food designated by the commissioner as healthful pursuant to section 17-324.1, from a pushcart or vehicle in a public place. Unless otherwise specified, a fresh fruits and vegetables permit shall be a permit in accordance with the provisions of this subchapter. s. "Green cart". A pushcart or vehicle used exclusively by those issued fresh fruits and vegetables full-term permits pursuant to section 17-307 of this subchapter. t. "Letter grade". A letter grade indicating the sanitary inspection grade issued by the department pursuant to section 17-325.3. u. "Plate or permit plate". Certificate issued by the department subsequent to inspection and approval of a vehicle or pushcart. v. "Supervisory license". On or after July 1, 2022, a food vendor license that authorizes the licensee to vend from a vehicle or pushcart for which a permit is issued in accordance with the provisions of this subchapter. (Am. L.L. 2017/108, 5/30/2017, eff. 2/24/2018; Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021 and 5/29/2021; Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027, L.L. 2008/009, and L.L. 2021/018.

NYC Admin. Code § 17-307 Licenses, permits required; restrictions; term.

§ 17-307 Licenses, permits required; restrictions; term. a. 1. It shall be unlawful for any individual to act as a food vendor without having first obtained a license therefor from the commissioner in accordance with the provisions of this subchapter. 2. In addition to the conditions set forth in section 17-310 of this subchapter a license shall be renewable by the licensee provided that the licensee meets all other requirements for renewal, the license has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license revocation or suspension. b. 1. (a) It shall be unlawful to vend food from any vehicle or pushcart in a public space without having first obtained a permit for such vehicle or pushcart from the commissioner in accordance with the provisions of this subchapter. On or after July 1, 2032, it shall be unlawful to vend food from any vehicle or pushcart in a public place without a supervisory licensee physically present and vending at such vehicle or pushcart. (b) The commissioner shall establish standards relating to the size and design of such vehicles and pushcarts. No vendors shall vend from any vehicle or pushcart which does not comply with the standards established by the commissioner. No vendor shall vend from other than a vehicle or pushcart. (c) No food vendor issued a fresh fruits and vegetables permit shall vend from other than a vehicle or a green cart. No food vendor issued a fresh fruits and vegetables permit shall vend any food other than fresh fruits and vegetables, water, raw single ingredient nuts and other food designated by the commissioner as healthful pursuant to section 17-324.1 from the green cart or vehicle for which the permit was issued. 2. (a) No new full-term permits shall be issued until the number of such permits which are in effect is less than 3,000. Thereafter, the maximum number of such permits which may be in effect shall be 3,000 and no new permits shall be issued in excess of such maximum number. Notwithstanding the limitations on the issuance of new full-term permits, a permit issued prior to July 30, 1983 which is in effect shall be renewable by the licensee to whom the permit was issued subject to the provisions of subparagraph (f) of this paragraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for permit or license revocation or suspension. (b) (i) On and after March fifteenth, nineteen hundred ninety-five, without increasing the number of full-term permits which may be in effect in accordance with subparagraph (a) of this paragraph, two hundred full-term permits shall be designated for use exclusively in specified boroughs as follows: (A) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of the Bronx where food vendors are not prohibited from vending; (B) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Brooklyn where food vendors are not prohibited from vending; (C) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Queens where food vendors are not prohibited from vending; and (D) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Staten Island where food vendors are not prohibited from vending. (ii) After the initial issuance of such permits, the commissioner shall establish a separate waiting list for each of the relevant boroughs to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on each such waiting list. On or after July 1, 2022 all new permits issued pursuant to this subparagraph shall be designated for use exclusively in any borough outside of Manhattan and shall be issued only to the holder of a supervisory license. Such requirement shall not apply to a borough specific permit issued before July 1, 2022 or renewal thereof until July 1, 2032. On or after July 1, 2032, permits issued pursuant to this subparagraph shall issue only to the holder of a supervisory license. Supervisory licenses shall be made available for application to individuals on the waiting lists for borough-specific permits in the order of priority set out in subparagraph (d) of paragraph 5 of this subdivision until such waiting lists are exhausted. (c) Full-term permits issued under this subchapter shall be issued only to persons who at the time of application have not had a full-term or temporary permit or supervisory license revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain or operate a food vending business. Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, no person shall be issued more than one permit under this subchapter, whether full-term or temporary. Any full-term permit issued under this subchapter on or after July 1, 2022 shall be issued only to the holder of a supervisory license, applications for which shall be distributed in the order prescribed in subparagraph (d) of paragraph 5 of this subdivision. (d) The issuance or renewal of a full-term permit pursuant to this subchapter shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and within six months after such certification, passing such inspection, except that a supervisory licensee may apply for a permit at any time between acquiring a supervisory license and the expiration of such license. (e) The commissioner shall establish a separate waiting list or lists for the issuance of full-term permits pursuant to this subchapter to be administered in accordance with requirements to be established by rules of the commissioner. The commissioner may by rule limit the number of places on such waiting list or lists. (f) Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, on and after January first, nineteen hundred ninety-six, and on every renewal date thereafter, a permit holder may not renew more than one permit, whether full-term or temporary. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation. (g) Other than subparagraphs (c), (d) and (f), this paragraph shall not apply to the issuance of fresh fruits and vegetable permits. 3. (a) (i) Notwithstanding the provisions of paragraph two of this subdivision limiting the number of full-term permits that are authorized to be issued, the commissioner may issue up to a maximum of 100 additional full-term permits authorizing the holders thereof to vend food from any vehicle or pushcart in any public place in the city of New York where food vendors are not prohibited from vending. Such permits shall be issued only to natural persons. (ii) TThe department shall make available for application at least 200 supervisory licenses per twelve-month period for five consecutive years beginning on July 1, 2026. Where the number of supervisory licenses issued in such twelve-month period is less than 200, the department may make additional supervisory licenses available for application such that the total number of supervisory licenses issued per twelve-month period beginning on July 1, 2026 is up to 200 and the cumulative total number of supervisory licenses issued pursuant to this paragraph by July 1, 2031 is up to 1,180. In addition to the 100 permits authorized to be issued by clause (i) of this subparagraph, and notwithstanding the provisions of paragraph two of this subdivision limiting the number of full-term permits authorized to be issued, the department shall make available for application to applicants who comply with the requirements for such supervisory licenses an additional 200 permits per twelve-month period for five consecutive years beginning on July 1, 2026 and issue a permit to each applicant who complies with the requirements for such permit. (iii) Supervisory licenses available pursuant to this paragraph shall be made available for application in accordance with the preferences specified in subparagraph (b) of this paragraph and the procedures established by the commissioner. (iv) The commissioner shall establish a waiting list to be administered in accordance with procedures to be established by rules of the commissioner. (b) Preferences shall be given in the issuance of permits pursuant to this paragraph and in the placement on such waiting list to the following categories of persons in the following order: (i) Veterans who on August second, nineteen hundred ninety-one held a valid general vendor's license issued by the department of consumer and worker protection pursuant to subchapter twenty-seven of chapter two of title twenty of the code by virtue of having claimed a disability. (ii) Disabled veterans. (iii) Disabled persons. (iv) Veterans. (c) This paragraph shall not apply to fresh fruits and vegetables permits. 4. (a) Notwithstanding the provisions of paragraph two of this subdivision limiting the total number of full-term permits that are authorized to be issued, the commissioner may issue up to a maximum of one thousand fresh fruits and vegetable permits, as that term is defined in subdivision r of section 17-306 of this chapter. Each of the one thousand fruits and vegetables permits to be issued pursuant to this paragraph shall be designated for use exclusively in a specified borough as follows: (i) three hundred fifty of such fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables, water, raw single ingredient nuts and any other food designated by the commissioner as healthful pursuant to section 17-324.1 from any green cart in the borough of the Bronx in the areas designated in clause (i) of subparagraph (b) of this paragraph. (ii) three hundred fifty of such fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables, water, raw single ingredient nuts and any other food designated by the commissioner as healthful pursuant to section 17-324.1 from any green cart in the borough of Brooklyn in the areas designated in clause (ii) of subparagraph (b) of this paragraph. (iii) one hundred fifty of such fresh fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables, water, raw single ingredient nuts and any other food designated by the commissioner as healthful pursuant to section 17-324.1 from any green cart in the borough of Manhattan in the areas designated in clause (iii) of subparagraph (b) of this paragraph. (iv) one hundred of such fresh fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables, water, raw single ingredient nuts and any other food designated by the commissioner as healthful pursuant to section 17-324.1 from any green cart in the borough of Queens in the areas designated in clause (iv) of subparagraph (b) of this paragraph. (v) fifty of such fresh fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables, water, raw single ingredient nuts and any other food designated by the commissioner as healthful pursuant to section 17-324.1 from any green cart in the borough of Staten Island in the areas designated in clause (v) of subparagraph (b) of this paragraph. (b) The issuance or renewal of a full-term permit issued pursuant to this paragraph shall be subject to the permittee within three months after the certification of a complete application therefore presenting a green cart or vehicle for inspection by the department and, within six months after such certification, passing such inspection. No person shall be issued more than one permit. Fresh fruits and vegetables permits, in addition to being designated for use exclusively in a borough as specified in subparagraph (a) of this paragraph, shall be designated for use exclusively within the police precincts specified below or pursuant to subparagraph (c) of this paragraph, and shall be subject to the same time and place restrictions for vending in such areas as other food vendors: (i) Bronx: Police Precincts 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 52; (ii) Brooklyn: Police Precincts 67, 70, 71, 72, 73, 75, 77, 79, 81, 83; (iii) Manhattan: Police Precincts 23, 25, 26, 28, 30, 32, 33, 34; (iv) Queens: Police Precincts 100, 101, 103, 113; and (v) Staten Island: Police Precinct 120. (c) In addition to the police precincts listed in subparagraph (b) of this paragraph, a fresh fruits and vegetable permits that is designated for use exclusively in a borough as specified in subparagraph (a) of this paragraph may also be designated for use in any other police precinct in such borough that the commissioner has specified in rules of the department, after determining that the rate of consumption of fresh fruits and vegetables in such precinct is substantially lower than the citywide average and that the precinct has an elevated rate of nutrition-related health problems compared to the rest of the city. (d) Fresh fruits and vegetables permits shall be issued in accordance with the preferences specified in subparagraph (e) of this paragraph and the procedures established by the commissioner. The commissioner shall establish a separate waiting list for each borough, to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on each such waiting list. (e) Preferences shall be given in the issuance of fresh fruits and vegetables permits pursuant to this paragraph and in the placement on any waiting list for such permits to the following categories of persons in the following order: (i) Persons who, on the effective date of the local law which added this provision, are on any of the existing waiting lists established by the commissioner for the issuance of mobile food unit permits for pushcarts and vehicles. From among those persons within this preference category, additional preference in both the issuance of fresh fruits and vegetables permits and placement on any waiting list for such permits shall be given to those persons who fall within the following groups of persons in the following order: disabled veterans; disabled persons; veterans. (ii) Disabled veterans. (iii) Disabled persons. (iv) Veterans. (f) A person who has been issued a permit pursuant to this paragraph shall not be eligible to obtain a full-term permit authorized by paragraphs two or three of this subdivision if at the time of application for a full-term permit authorized by such paragraphs such person is a holder of a full-term permit issued pursuant to this paragraph or such person has had a full-term permit issued pursuant to this paragraph revoked or suspended. 5. (a) On or after July 1, 2022 all new permits issued under this subchapter, except fresh fruits and vegetables permits, shall be designated for use only when any holder of a supervisory license is physically present and vending. Such requirement shall not apply to a permit issued before July 1, 2022 or a renewal thereof until July 1, 2031. On or after July 1, 2031, all permits issued under this subchapter, except fresh fruits and vegetables permits, shall be designated for use only when any holder of a supervisory license is physically present and vending. (b) The commissioner shall make available for application at least 2,000 supervisory licenses per twelve-month period for five consecutive years beginning on July 1, 2026. Where the number of supervisory licenses issued in such twelve-month period is less than 2,000, the department may make additional supervisory licenses available for application such that the total number of licenses issued per twelve-month period beginning on July 1, 2026 is up to 2,000 and the total cumulative number of licenses issued pursuant to this paragraph by July 1, 2031 is up to 11,200. Notwithstanding the provisions of this subdivision limiting the total number of full-term permits that are authorized to be issued, the commissioner shall make available a permit application to each license applicant who complies with the requirements for such supervisory license and issue a permit to each permit applicant who complies with the requirements for such permit. On or before July 1, 2031, the commissioner shall make available for application supervisory licenses to any person seeking to renew a permit that was issued under this subchapter before July 1, 2022. (c) In accordance with procedures to be established by rules of the commissioner, in each twelve-month period, up to 500 of the supervisory licenses that may be issued under this paragraph shall be designated for use in any borough, and up to 1,500 such supervisory licenses that may be issued under this paragraph shall be designated for use in boroughs outside of Manhattan. (d) Preferences shall be given in the availability of applications for supervisory licenses pursuant to this paragraph and in the placement on a waiting list therefor to the following categories of persons in the following order: (i) Persons who have held a food vendor license continuously since on or before March 1, 2017 and have been on a waiting list for a full-term permit pursuant to subparagraph (e) of paragraph 2 of this subdivision and remain on such list as of the date an application is made available. Applications shall be made available to such persons by order of numerical rank on the waiting list. (ii) Persons who have been on a waiting list for a full-term permit pursuant to this subchapter and remain on such list as of the date an application is made available but have not held a food vendor license continuously since on or before March 1, 2017. Applications shall be made available to such persons by order of numerical rank on the waiting list. (iii) Persons who have held a food vendor license continuously since on or before March 1, 2017 but are were not on a waiting list for a full-term permit pursuant to this subchapter as of the effective date of the local law that added this paragraph. (iv) Persons who have not held a food vendor license continuously since on or before March 1, 2017 and were not on a waiting list for a full-term permit pursuant to this subchapter as of the effective date of the local law that added this paragraph. (e) The commissioner may by rule limit the number of places on such waiting list, but shall ensure that such waiting list is operative prior to supervisory licenses becoming available to new individuals. (f) No later than July 1, 2031, the commissioner shall replenish the waiting list in accordance with the preferences set forth in this paragraph. c. It shall be unlawful for any person to operate a commissary, or place of food distribution, or a place wherein five or more pushcarts, or more than one vehicle are stored, without first obtaining a permit. d. A food vendor's license shall not entitle the holder thereof to vend any food other than foods which the commissioner or board may authorize or otherwise approve. A food vendor vending from a green cart or vehicle with a fresh fruits and vegetables permit shall not be authorized to vend any food other than fresh fruit and vegetables, water, raw single ingredient nuts and any other food that has been designated by the commissioner as healthful pursuant to section 17-324.1. e. All licenses and permits issued pursuant to this subchapter shall be valid for two years unless sooner suspended or revoked. The commissioner may issue such licenses and permits to expire at various times during a year. To achieve such staggered expiration dates, initial licenses or permits may be issued for a period up to three years. f. 1. The commissioner may issue temporary licenses and permits upon the furnishing of information and an application in such form and detail as such commissioner may prescribe and the payment of a fee pro-rated in accordance with the schedule of fees set forth in section 17-308 of this subchapter, but in no event shall the fee for such temporary license be less than ten dollars or the fee for such temporary permit be less than fifteen dollars. 2. In addition to the conditions set forth in section 17-310 of this subchapter a temporary license shall be renewable by the licensee within one year of its expiration date provided that the licensee meets all other requirements for renewal, the license has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license revocation or suspension. 3. (a) (i) On and after July thirtieth, nineteen hundred eighty-three, no new temporary permits shall be issued until the number of such permits which are in effect is less than one thousand. Thereafter, the maximum number of such permits which may be in effect shall be one thousand and no new permits shall be issued in excess of such maximum number. Notwithstanding the limitations on the issuance of new temporary permits, a temporary permit issued prior to July thirtieth, nineteen hundred eighty-three shall be renewable by the licensee to whom the permit was issued within one year of its expiration date subject to the provisions of clause (ii) of this subparagraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license or permit revocation or suspension. (ii) (A) Except as otherwise provided in item (B) of this clause, on and after January first, nineteen hundred ninety-six, and on every renewal date thereafter, a permit holder may not renew more than one permit, whether full-term or temporary. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation. (B) (I) Notwithstanding any other provision of law to the contrary, on and after the effective date of the local law which added this subitem, any person who is an exclusive distributor or a manufacturer of a food product and who on February third, nineteen hundred ninety-five was an exclusive distributor or a manufacturer of such food product who held more than one temporary permit issued pursuant to this subchapter, may be issued the number of additional temporary permits such person held on February third, nineteen hundred ninety-five and, in addition, may continue to hold one full-term permit issued pursuant to this subchapter if such exclusive distributor or manufacturer held one full-term permit issued pursuant to this subchapter on the effective date of the local law which added this subitem. A written agreement evidencing an exclusive distributorship shall be proof satisfactory that an applicant for multiple temporary permits was an exclusive distributor of a food product on February third, nineteen hundred ninety-five and is an exclusive distributor of such food product at the time of such application. Any written agreement evidencing an applicant's status as an exclusive distributor on February third, nineteen hundred ninety-five shall have been in effect on such date. (II) Any person who is eligible for the issuance of additional temporary permits pursuant to subitem (I) of this item shall be issued a maximum of sixty temporary permits. (III) Additional temporary permits shall be issued pursuant to subitem (I) of this item only to persons who are eligible therefor who have not at the time of application for such additional temporary permits had a permit issued pursuant to this subchapter revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain and operate a food vending business. Such permits shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permits were issued or the permits have not been revoked or suspended and such person has not committed a violation or violations which would be a basis for permit or license suspension or revocation. (IV) Nothing contained in subitem (I) of this item shall be construed as authorizing the issuance of full-term or temporary permits in excess of the numbers of such permits that are authorized to be issued pursuant to paragraph two of subdivision b of this section or clause (i) of this subparagraph. (b) On and after January first, nineteen hundred ninety-five, temporary permits shall be issued only to persons who have not had a temporary permit revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain or operate a food vending business. (c) The issuance or renewal of a temporary permit pursuant to this subchapter shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and within six months after such certification, passing such inspection. (d) The commissioner shall establish a separate waiting list for the issuance of temporary permits pursuant to this subchapter to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on such waiting list. (e) Temporary permits and temporary licenses issued pursuant to this subchapter shall be valid only during the period of time beginning on April first and ending on October thirty-first of each calendar year. g. For purposes of determining the number of full-term or temporary permits held by a permittee pursuant to subdivisions b and f of this section, the following provisions shall apply: 1. A natural person shall be deemed to hold the full-term or temporary permits issued in the name of such natural person's unemancipated child, a partnership in which such natural person is a partner, a corporation in which such natural person is an officer, director or shareholder, or a limited liability company in which such natural person is a member, manager or officer. 2. A corporation shall be deemed to hold the full-term or temporary permits issued in the name of: (a) an officer, director or shareholder of such corporation; (b) another corporation where such corporation and such other corporation share a common officer, director or shareholder, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such other corporation; (c) a limited liability company where such corporation or any of its officers, directors or shareholders is a member, manager or officer of such limited liability company, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such limited liability company; or (d) a partnership where such corporation or any of its officers, directors or shareholders is a partner in such partnership, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such partnership. 3. A limited liability company shall be deemed to hold the full-term or temporary permits issued in the name of: (a) a member, manager or officer of such limited liability company; (b) another limited liability company where such limited liability company and such other limited liability company share a common member, manager or officer, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such other limited liability company; (c) a corporation where such limited liability company or any of its members, managers or officers is an officer, director or shareholder in such corporation, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such corporation; or (d) a partnership where such limited liability company or any of its members, managers or officers is a partner in such partnership, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such partnership. 4. A partnership shall be deemed to hold the full-term or temporary permits issued in the name of: (a) a partner of such partnership; (b) another partnership where such partnership is a partner in such other partnership, such partnership and such other partnership share a common partner, or such partnership or any if its partners has any direct or indirect interest in such other partnership; (c) a corporation where such partnership or any of its partners is an officer, director or shareholder in such corporation, or such partnership or any of its partners has any direct or indirect interest in such corporation; or (d) a limited liability company where such partnership or any of its partners is a member, manager or officer in such limited liability company, or such partnership or any of its partners has any direct or indirect interest in such limited liability company. h. No permit or license, including a supervisory license, shall be issued to a person required to have a permit or license pursuant to this subchapter unless such person obtains a certificate issued by the department subsequent to successful completion of a training developed or approved by the department on the vending restrictions contained in this section and any other information the department deems necessary to the safe operation of such vending unit, and passage of an examination administered by the department. Such training shall include information related to any vending restriction applicable to the prospective license holder and shall include education related to vending restrictions applicable to the prospective license holder. The department shall require renewal of such certificate every four years. Renewal shall be contingent on passing an examination regarding the vending restrictions contained in this section and any other information the department deems necessary to the safe operation of such vending unit pursuant to rules promulgated by the department. Any examinations, or educational materials designed for such training program shall be made available in English and in the ten most common languages spoken by limited English proficient individuals in the city according to the department of city planning. Such educational materials shall be available on the department's website. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021, 5/29/2021 and 8/27/2021; Am. L.L. 2026/054, 1/29/2026, eff. 1/29/2026; Am. L.L. 2026/059, 1/29/2026, eff. 1/29/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027, L.L. 2005/128, L.L. 2008/009, L.L. 2020/080, and L.L. 2021/018.

NYC Admin. Code § 17-307.1 Supervisory licenses

§ 17-307.1 Supervisory licenses a. License restrictions. In addition to laws applicable to food vendors, the following additional requirements apply to supervisory licensees: 1. A permittee issued a supervisory license shall not allow the operation of such permittee's vehicle or pushcart unless such permittee or another holder of a supervisory licensee is physically present and vending at such vehicle or pushcart, subject to any exceptions provided in rules of the commissioner. 2. A person issued a supervisory license may not vend food from any vehicle or pushcart located outside of the geographical restrictions on such person's supervisory license unless a licensee authorized to vend alone from such vehicle or pushcart is also physically present and vending or the permit for such vehicle or pushcart does not require the presence of a supervisory licensee. b. Eligibility for supervisory license. 1. The department shall issue a supervisory license only to a natural person. 2. The department shall not issue a supervisory license to any person who at the time of application had a full-term or temporary permit or supervisory license revoked or suspended or who is not fit and able to conduct, maintain or operate a food vending business. 3. The department shall not issue a supervisory license to any person who is a minor. 4. No person shall be issued more than one supervisory license. (L.L. 2021/018, 2/28/2021, eff. 2/28/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/018.

NYC Admin. Code § 17-308 Fees.

§ 17-308 Fees. a. The annual fees for licenses and permits set forth in subdivisions b and c of this section shall be payable at the time of application for a license or permit or renewal thereof, except as otherwise provided in subdivision e of section 17-307 of this subchapter. b. The annual fee for a license or renewal thereof shall be twenty-five dollars, except that the annual fee for a supervisory license shall be five hundred dollars; provided, however, that for an initial license issued for more than two years the applicable license fee shall be increased proportionally to the nearest quarter year. c. The annual fee for a permit or renewal thereof shall be: 1. For a pushcart or vehicle selling prepackaged food or for a fresh fruits and vegetables permit: fifty dollars for the first year and twenty-five dollars for each year thereafter. 2. For a vehicle selling foods prepared or processed therein: as specified by rules of the commissioner. d. No fee shall be charged or collected for issuing a duplicate license, permit or plate when the original has been lost, destroyed or mutilated. e. A person holding a license pursuant to the provisions of article four of the general business law shall be exempt from the payment of fees set forth in this section. f. The fees provided for herein shall be in addition to any fees required pursuant to the New York city health code or the New York state sanitary code. (Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021 and 8/27/2021; Am. L.L. 2025/183, 12/12/2025, eff. 9/8/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009, L.L. 2021/018, and L.L. 2025/183.

NYC Admin. Code § 17-308.1 Domestic Partners.

§ 17-308.1 Domestic Partners. For purposes of this subchapter, the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law shall also be bestowed upon the surviving domestic partner of such veteran. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 17-309 Applications; hearings.

§ 17-309 Applications; hearings. a. All applications for a license or permit shall be accompanied by payment of the fee and shall be in such form and detail as the commissioner may prescribe. b. In addition to any other information required, the commissioner shall require the following information: 1. The name, home and business address of the applicant. If the applicant is applying for a permit to vend food from a vehicle or pushcart in a public place, the name, home address and license number of every food vendor who will be authorized to operate such applicant's vehicle or pushcart and the legal relationship between such applicant and such food vendor. 2. A description of the food to be offered for sale and a description of the vehicle or pushcart to be used and a statement whether or not the application is for a fresh fruits and vegetables permit. 3. Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application. 4. Where the application is for a permit, proof that the applicant has obtained a certificate of authority to collect sales taxes pursuant to section eleven hundred thirty-four of the tax law from the New York state department of taxation and finance. 5. Whether such applicant is an individual, partnership or other association, or a corporation or limited liability company and if such applicant is an individual applying for a permit to vend food from a vehicle or pushcart in a public place, whether any of such applicant's unemancipated children hold such permits; if a partnership, limited liability company or other association, the name and address of each partner, member, officer or manager of such entity; if a corporation, the names and addresses of the officers, directors and shareholders. 6. An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served. 7. No City officer or employee shall inquire about an applicant's immigration or citizenship status as part of an application made pursuant to this section. Information about an applicant's immigration or citizenship status shall not affect the consideration of the application for a food vendor's license or renewal thereof. 8. Proof that the applicant has obtained the appropriate seal of approval from a weights and measures official for his or her weighing or measuring device or system as required under section one hundred eighty-three of the agriculture and markets law. c. Only a licensed food vendor may be issued a vehicle or pushcart permit. The application for such permit shall set forth the information required in paragraphs one, two, four, five, six and seven of subdivision b of this section and such other information as the commissioner may prescribe. d. Upon approval of an application the commissioner shall issue a license to the applicant for a license and a permit and plate to the applicant for a vehicle or pushcart permit. Such license shall contain the name and address of the licensee, his or her license number and a non-removable photograph of such licensee. The plate shall indicate whether or not the permit is a fresh fruits and vegetable permit. (Am. L.L. 2024/052, 3/29/2024, eff. 3/29/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/066 and L.L. 2008/009.

NYC Admin. Code § 17-310 Renewal of license or permit. [Repealed] (Repealed L.L. 2024/052, 3/29/2024, eff. 3/29/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/033.

NYC Admin. Code § 17-311 Display of license or plate and letter grade.

§ 17-311 Display of license or plate and letter grade. a. Each food vendor shall carry his or her license upon his or her person and it shall be exhibited upon demand to any police officer, public health sanitarian or other authorized officer or employee of the city. b. The food vendor's license, including a supervisory license, shall be worn conspicuously by him or her at all times while he or she is operating as a food vendor. c. The permit plate and letter grade shall be firmly affixed to the vending vehicle or pushcart in a conspicuous place as required by rules of the department. d. Vendors issued fresh fruits and vegetables permits pursuant to paragraph four of subdivision b of section 17-307 of the administrative code of the city of New York shall carry upon their person a laminated or similarly durable and easily readable map, prepared and issued to them by the commissioner, designating those areas of the city in which they are authorized to vend. Those persons issued a fresh fruits and vegetables permit found to be vending from green carts and vehicles in precincts other than those designated on their borough-specific permits shall be deemed to be operating such vehicle or pushcart without a permit. e. A permit plate on a vehicle or pushcart issued to a supervisory licensee shall indicate, either by color or other designation of the department's choosing, that such vehicle or pushcart may only be operated when a supervisory licensee is physically present and vending at such vehicle or pushcart. (Am. L.L. 2017/108, 5/30/2017, eff. 2/24/2018; Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009 and L.L. 2021/018.

NYC Admin. Code § 17-312 Notification of change.

§ 17-312 Notification of change. The commissioner shall be notified of any change in the information provided on an application for a license or a permit within ten days of such change.

NYC Admin. Code § 17-313 Bookkeeping requirements. [Repealed] (Repealed L.L. 2024/051, 3/29/2024, eff. 3/29/2024)

NYC Admin. Code § 17-314 Duties of licensees and permittees.

§ 17-314 Duties of licensees and permittees. Each person issued a food vendor license or a permit to vend food from a vehicle or pushcart in a public place shall: a. Permit regular inspections by the department of any vehicle or pushcart used in the operation of his or her business, any premises under his or her control in which food intended to be sold or offered for sale by him or her as a food vendor is prepared, processed or stored and present such vehicle or pushcart for inspection at such place and time as may be designated by the department; b. Provide to the commissioner or any other authorized officer or employee of the city, the addresses and names of the owners of such service rooms, commissaries or distributors from whom such licensee receives his or her food and also the address at which such vendor stores his or her food and vehicle or pushcart; c. Not use or permit anyone else to use a food vending vehicle or pushcart for vending any foods other than those authorized for sale by the commissioner or board unless prior written approval has been obtained from the commissioner or board; provided, however, that an exclusive distributor who has been issued more than one temporary permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend or permit anyone else using a pushcart or vehicle for which such exclusive distributor has a temporary permit to primarily vend, the food product that was the subject of the exclusive distribution agreement that such exclusive distributor had with a manufacturer on February third, nineteen hundred ninety-five, and, provided further, that a manufacturer who has been issued more than one temporary permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend or permit anyone else using a pushcart or vehicle for which such manufacturer has a temporary permit to primarily vend, the product that such manufacturer sold from a pushcart or vehicle on February third, nineteen hundred ninety-five; d. Surrender his or her license, permit and plate promptly to the commissioner upon revocation, suspension, termination or expiration of his or her license or permit. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027.

NYC Admin. Code § 17-314.1 Transferability.

§ 17-314.1 Transferability. a. No license, permit or plate issued under this subchapter shall be assignable or transferable. b. No vehicle or pushcart used to vend food in a public place shall be assignable or transferable with a license, permit or plate that has been issued under this subchapter attached thereto. c. A transfer in violation of this section shall be deemed to have occurred where, if a corporation is the permittee, there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued, or where the permittee is a limited liability company, where there has been the addition of any member, and where the permittee is a partnership, where there has been the addition of any partner. Furthermore, any such transfer in an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter shall result in the automatic revocation of all such additional temporary permits issued to such persons pursuant to such provision. d. Notwithstanding the provisions in subdivisions a, b and c of this section: 1. the commissioner may, in his or her discretion, transfer a permit to a dependent husband, wife, domestic partner or child of an incapacitated or deceased person to whom the permit was issued under this subchapter; 2. an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may lease a vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's temporary permit attached thereto to a person licensed as a food vendor pursuant to this subchapter if (a) such exclusive distributor or manufacturer files with the department the bill of sale or other proof of ownership for such vehicle or pushcart with a duly issued sales tax receipt attached thereto; (b) such lease agreement sets forth the food product which may be primarily sold using such vehicle or pushcart; and (c) such lease agreement is approved by the department, provided, however, that if such lease agreement is not approved or disapproved within thirty calendar days after such lease agreement is filed with the department, such lease agreement shall be deemed to be approved by the department. The commissioner shall promulgate rules establishing the standards by which the department shall evaluate such lease agreements and such standards shall include, but not be limited to, requirements that such lease agreements contain fair and reasonable terms based upon such factors as the cost of purchasing and maintaining such pushcart or vehicle and that the terms of such lease agreement are the result of an arm's length negotiation between the parties thereto. Subleasing of any such vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor's or manufacturer's temporary permit attached thereto is strictly prohibited. Authorized officers and employees of the department of small business services and the department of investigation may assist the commissioner and the department in effectuating the provisions of this paragraph. Any violation or violations of the provisions of this paragraph or any rules promulgated hereunder by an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may be the basis for suspension or revocation of all of the permits issued to such exclusive distributor or manufacturer pursuant to this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027 and L.L. 1998/027.

NYC Admin. Code § 17-315 Restrictions on the placement of vehicles and pushcarts; vending in certain areas restricted or prohibited.

§ 17-315 Restrictions on the placement of vehicles and pushcarts; vending in certain areas restricted or prohibited. a. No pushcart shall be placed upon any sidewalk unless said sidewalk has at least a twelve foot clear pedestrian path to be measured from the boundary of any private property to any obstruction in or on the sidewalk, or if there are no obstructions, to the curb. In no event shall any pushcart be placed on any part of a sidewalk other than that which abuts the curb. b. No vending vehicle or pushcart or any other item related to the operation of a food vendor's business shall touch, lean against or be affixed permanently or temporarily in any building or structure including, but not limited to, lamp posts, parking meters, mail boxes, traffic signal stanchions, fire hydrants, tree boxes, benches, bus shelters, taxi stands, refuse baskets or traffic barriers. c. All items relating to the operation of a food vending business shall be kept in, on, or under the vending vehicle or pushcart. No items relating to the operation of a food vending business other than an adjoining acceptable waste container shall be placed upon any public space adjacent to the vending vehicle or pushcart, and no food shall be sold except from an authorized vehicle or pushcart. d. No vending pushcart shall be located against display windows of fixed location businesses, nor shall they be within twenty feet of any licensed stoop line stand, licensed sidewalk cafe, or any entranceway to any building, store, theatre, movie house, sports arena or other place of public assembly, or within twenty feet from exits, including service exits, to buildings that are exclusively residential at the street level. e. No food vendor shall vend within any bus stop, taxi stand, within the portion of the sidewalk abutting any no standing zone adjacent to a hospital as defined in subdivision one of section 2801 of the New York state public health law, within ten feet of any driveway, any subway entrance or exit, or any crosswalk at any intersection. f. Each food vendor who vends from a pushcart or vehicle in the roadway shall obey all traffic and parking laws, rules and regulations as now exist or as may be promulgated, but in no case shall a food vendor vend so as to restrict the continued maintenance of a clear passageway for vehicles. g. No vending vehicle or pushcart or any other item related to the operation of a food vending business shall be placed within a bicycle lane. For purposes of this section, the term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles. h. No food vendor shall vend on the median strip of a divided roadway unless such strip is intended for use as a pedestrian mall or plaza. i. No vendor shall vend within areas under the jurisdiction of the department of parks and recreation unless written authorization therefor has been obtained from the commissioner of such department, but nothing therein contained shall exempt any vendor from obtaining a license and permit in accordance with this subchapter. j. Where exigent circumstances exist and a police officer or other authorized officer or employee of the city gives notice to a food vendor to temporarily move from a location such vendor shall not vend from such location. For the purpose of this subdivision, exigent circumstances shall include but not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space at or near such location, an accident, fire or other emergency situation at or near such location, or a parade, demonstration, or other such event or occurrence at or near such location. k. No food vendor shall vend on any street at any time where and when the operation of any food vending business is prohibited pursuant to either local law or section 20-465.1 of the code and any rules promulgated pursuant thereto. 1. No food vendor shall vend in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the southerly side of Barclay Street. In addition: (a) No food vendor shall vend on the easterly or westerly side of Greenwich Street between Liberty Street and Thames Street; (b) No food vendor shall vend on the easterly side of West Broadway between Barclay Street and Park Place; (c) No food vendor shall vend on the northerly or southerly side of Liberty Street between Trinity Place to West Street; (d) No food vendor shall vend on the easterly side of West Street between Liberty Street and Cedar Street; (e) No food vendor shall vend on the westerly side of Trinity Place between Liberty Street and Thames Street; and (f) Notwithstanding the restriction described in paragraph 1 of subdivision k, food vending shall be permitted on the following streets provided that food vendors comply with all applicable laws and rules: (1) The easterly and westerly side of Broadway between Barclay Street and Vesey Street; (2) The easterly side of West Street between Barclay Street and Vesey Street; and (3) The southerly side of Barclay Street between Church Street and Broadway. 2. Food vendors shall be prohibited from vending on the following streets at the following days and times: BOROUGH OF MANHATTAN Third Avenue: East 40th to East 57th Street, Monday through Friday, 8 a.m. to 6 p.m.; East 58th to East 60th Street, Monday through Saturday, 8 a.m. to 9 p.m.; Lexington Avenue: East 40th to East 57th Street, Monday through Saturday, 8 a.m. to 7 p.m.; East 58th to East 60th Street, Monday through Saturday, 8 a.m. to 9 p.m.; East 61st to East 69th Street, Monday through Saturday, 8 a.m. to 6 p.m.; Park Avenue: East 34th to East 42nd Street, Monday through Friday, 8 a.m. to 7 p.m.; East 55th to East 59th Street, Monday through Friday, 10 a.m. to 7 p.m.; Vanderbilt Avenue: East 42nd to East 45th Street, Monday through Friday, 8 a.m. to 7 p.m.; Madison Avenue: East 34th to East 45th Street, Monday through Friday, 8 a.m. to 6 p.m.; East 46th to East 59th Street, Monday through Saturday, 10 a.m. to 7 p.m.; Fifth Avenue: 32nd to 59th Street, Monday through Saturday, 8 a.m. to 7 p.m.; Avenue of the Americas: West 32nd to West 59th Street, Monday through Saturday, 8 a.m. to 7 p.m.; Broadway: West 32nd to West 52nd Street, Everyday, 8 a.m. to 8 p.m.; Seventh Avenue: West 33rd to West 34th Street, Monday through Saturday, 8 a.m. to 6 p.m.; West 35th to West 45th Street, Monday through Saturday, 8 a.m. to midnight; West 46th to West 52nd Street, Monday through Saturday, 2 p.m. to 7 p.m.; Fourteenth Street: Broadway to Seventh Avenue, Monday through Saturday, noon to 8 p.m.; West Thirty-fourth Street: Fifth Avenue to Seventh Avenue, Monday through Saturday, 8 a.m. to 7 p.m.; Forty-second Street: Third Avenue to Eighth Avenue, Monday through Saturday, 8 a.m. to 7 p.m.; West Forty-third Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Forty-fourth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Forty-fifth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Forty-sixth Street: Seventh to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Forty-seventh Street: Fifth to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Forty-eighth Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Forty-ninth Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Fiftieth Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Fifty-first Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Fifty-second Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m.; West Fifty-third Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 p.m.; Sunday, noon to 6 p.m.; Other days, 7 p.m. to 11 p.m. BOROUGH OF QUEENS Main Street: Northern Boulevard to Sanford Avenue, every day, noon to midnight; 38th Avenue: Prince Street to 138th Street, every day, noon to midnight; Prince Street: 38th Avenue to 39th Avenue, every day, noon to midnight; 39th Avenue: College Point Boulevard to Union Street, every day, noon to midnight; Lippman Plaza: 39th Avenue to Roosevelt Avenue, every day, noon to midnight; Roosevelt Avenue: College Point Boulevard to Union Street, every day, noon to midnight; 41st Avenue: College Point Boulevard to Union Street, every day, noon to midnight; Kissena Boulevard: 41st Avenue to Barclay Avenue, every day, noon to midnight; Sanford Avenue: Frame Place to Main Street, every day, noon to midnight. 3. No food vendor shall vend beginning on Thanksgiving until New Year's Day of the following year in the area including and bounded on the west by the westerly side of 10th avenue, on the south by the southerly side of 86th street, on the east by the easterly side of 13th avenue and on the north by the northerly side of 81st street, between the hours of midnight to 6:00 a.m. and between the hours of 2:00 p.m. to midnight, in the borough of Brooklyn. l. [Reserved.] m. The department, or such other agency designated by the mayor, shall provide a website that shows a map of block faces where food vending is prohibited by law, based on the day and hour entered by the user. (Am. L.L. 2018/180, 10/27/2018, eff. 12/26/2018; Am. L.L. 2018/181, 10/27/2018, eff. 4/25/2019; Am. L.L. 2019/191, 11/17/2019, eff. 11/17/2019; Am. L.L. 2021/018, 2/28/2021, eff. 8/27/2021 and 2/28/2022; Am. L.L. 2024/051, 3/29/2024, eff. 3/29/2024; Am. L.L. 2024/053, 3/29/2024, eff. 4/28/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/014, L.L. 2006/039, and L.L. 2021/018.

NYC Admin. Code § 17-315.1 Cleanliness and waste removal requirements.

§ 17-315.1 Cleanliness and waste removal requirements. a. A vendor shall keep the area within a 2-foot radius surrounding such vendor’s vending vehicle or pushcart free from obstruction and keep such area free from garbage, refuse, rubbish, litter or debris. b. A vendor shall, upon the request of a person authorized to enforce this section, provide proof of the proper waste disposal at a commissary required by subdivision e of section 89.27 of the New York city health code, in accordance with rules of the department of sanitation, as allowed by law. (L.L. 2026/054, 1/29/2026, eff. 1/29/2026)

NYC Admin. Code § 17-316 Prohibitions.

§ 17-316 Prohibitions. No person shall sell, give or otherwise transfer any food to an unlicensed food vendor for resale.

NYC Admin. Code § 17-317 Issuance, renewal, suspension and revocation of licenses and permits.

§ 17-317 Issuance, renewal, suspension and revocation of licenses and permits. a. The commissioner may refuse to issue a food vendor license or a permit to vend food from a vehicle or pushcart in a public place, and may, after due notice and an opportunity to be heard, in addition to any other penalties provided herein, refuse to renew, suspend or revoke a food vendor license or a permit to vend food from a vehicle or pushcart in a public place, upon the occurrence of any one or more of the following conditions: 1. The applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have made a material false statement or concealed a material fact in connection with: (a) an application for a food vendor license or a permit to vend food from a vehicle or pushcart in a public place; or (b) the sale of any item of food. 2. The applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been found to have committed four or more violations of this subchapter or any rules promulgated pursuant thereto within a two-year period or have been found guilty of a violation of the provisions of part fourteen of the state sanitary code or of the New York city health code, or the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have pending any unanswered summonses for violation of this subchapter or any rules promulgated pursuant thereto. 3. The applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been convicted of any offense which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license or permit is required under this subchapter or has been convicted of any other offense which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license or permit. 4. Reserved. 5. A licensee issued a "fresh fruits and vegetables" permit, pursuant to paragraph 4 of subdivision b of section 17-307 of this subchapter, is found to be vending food such licensee is not permitted to sell or is found to be vending in a police precinct other than one in which the licensee is authorized to vend in accordance with such licensee's borough-specific permit. 6. A vehicle or pushcart for which the department issued a permit to a supervisory licensee is found to be operating without the presence of a person who has been issued a supervisory license or outside of the geographical restrictions permitted by the supervisory license. b. The commissioner shall not issue or renew a food vendor license or a permit to vend food from a vehicle or pushcart in a public place if the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have failed to pay any fine, penalty or judgment duly imposed pursuant to the provisions of this subchapter or any rules promulgated thereunder. c. The commissioner, for good cause, may, prior to giving notice and an opportunity to be heard, suspend a license or permit issued pursuant to this subchapter for a period of up to ten days. Notice of such suspension shall be served on the licensee or permittee. The commissioner shall provide the licensee or permittee with the opportunity for a hearing within ten days after the notification of suspension, after which the commissioner shall forthwith make a determination as to whether such suspension should continue and the length of such suspension, and in addition may impose any penalty or sanction authorized by this subchapter or any rules promulgated pursuant thereto. d. Unless otherwise provided in section 17-314.1 of this subchapter, the commissioner shall not renew a permit to vend food from a vehicle or pushcart in a public place where the permittee has died if the permittee is a natural person, or if the permittee is a corporation, where there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued; where the permittee is a limited liability company, where there has been the addition of any member or where such limited liability company has been dissolved, and where the permittee is a partnership, where there has been the addition of any partner or where such partnership has been dissolved. e. Each applicant, licensee and permittee shall notify the department in writing by registered mail, return receipt requested, within three business days of receipt of a notice of service of a summons for a violation relating to conducting, maintaining or operating a food vending business and a conviction of such applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees for any offense occurring after the filing date of the application for a license or permit or a renewal thereof or occurring during the term of the license or permit. f. Any person issued a food vendor license pursuant to this subchapter who commits three or more violations of the provisions of this subchapter and any rules promulgated thereunder within a two year period shall have his or her food vendor license revoked. g. 1. The department may suspend or revoke a supervisory license or supervisory permit or other permit or license issued pursuant to this subchapter, after notice and an opportunity to be heard, for three violations of subdivisions b, c, e, g or h of section 17-315 committed within a 1-year period, as determined by the department. Such license or permit shall be suspended for 30 days upon the first such determination, 60 days upon the second such determination, and revoked upon the third such determination. 2. Prior to the reinstatement of a license, permit, supervisory license, or supervisory license permit suspended pursuant to paragraph 1 of this subdivision, such licensee or permittee shall complete the food protection course offered by the department, pursuant to section 81.15 the New York city health code or successor rules or regulations regarding food protection certificates required for all such licensees. (Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021 and 5/29/2021; Am. L.L. 2024/052, 3/29/2024, eff. 3/29/2024; Am. L.L. 2025/122, 9/10/2025, eff. 3/9/2026; Am. L.L. 2026/054, 1/29/2026, eff. 1/29/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027, L.L. 2008/009, L.L. 2021/018, and L.L. 2025/122.

NYC Admin. Code § 17-318 Notice; hearings.

§ 17-318 Notice; hearings. Unless otherwise specifically provided, notice and hearing upon denial of an application or suspension or revocation of a license shall be in accordance with applicable provisions of the New York city health code.

NYC Admin. Code § 17-320 Exemptions.

§ 17-320 Exemptions. a. The commissioner or board may promulgate rules exempting any non-profit association, including but not limited to a government agency, charitable, educational, religious or other such organization, from compliance with any of the provisions of this subchapter. b. Notwithstanding any other provision of this subchapter, a person may be issued more than one full-term or temporary food vendor permit to vend in any area under the jurisdiction of the department of parks and recreation pursuant to an agreement entered into in accordance with chapter fourteen of the charter. Such person shall be exempt from any provisions of this subchapter restricting the number of full-term or temporary food vendor permits that may be issued to any one person and the full-term or temporary food vendor permits issued to such persons also shall be exempt from any provisions of this subchapter restricting the total number of full-term and temporary food vendor permits that may be issued. Such permits shall be subject to all other provisions, limitations and conditions imposed by this code or the health code, and all rules promulgated thereunder.

NYC Admin. Code § 17-321 Enforcement.

§ 17-321 Enforcement. a. Public health sanitarians or other authorized officers or employees of the department and police officers shall have the power to enforce all laws, rules and regulations relating to food vendors. This provision shall in no way restrict any other power granted by law to any officer or employee of the city. b. If a food vendor does not move his or her vehicle or pushcart when directed to do so by a police officer or other authorized officer or employee of the city in compliance with the provisions of subdivision k of section 17-315 of this subchapter, such officer or employee may provide for the removal of such vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart may be charged with reasonable costs for such removal and storage, payable prior to the release of such vehicle or pushcart. c. An officer or employee designated in subdivision a of this section may seize any vehicle or pushcart which (i) does not have a permit or (ii) is being used to vend on property owned by the city and under the jurisdiction of a city agency including, but not limited to, the department of parks and recreation or the department of small business services, without the written authorization of the commissioner of such department, or (iii) is being used by an unlicensed vendor, or (iv) is being used to vend in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the northerly side of Vesey Street, or (v) is selling food not authorized by the permit, and may seize any food sold or offered for sale from such vehicle or pushcart. Such vehicle, pushcart or food shall be subject to forfeiture as provided in section 17-322 of this subchapter. If a forfeiture proceeding is not commenced, the vendor may be charged with the reasonable costs for removal and storage payable prior to the release of such food, vehicle or pushcart unless the charge of vending without a permit or vending without a license or vending without the authorization of such commissioner is dismissed. d. If a food vendor operates any food vending business on any street at any time where and when the operation of any food vending business is prohibited pursuant to the provisions of section 20-465.1 of the code and any rules promulgated pursuant thereto, or if a food vendor operates a food vending business in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the northerly side of Vesey Street, any authorized officer or employee of the city or member of the New York city police department is authorized to provide for the removal of such food vendor's food, vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart or food may be charged with reasonable costs for removal and storage. e. Any notice of violation issued to a food vendor by an officer or employee described in subdivision a of this section that is returnable to a tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings, or to any court of competent jurisdiction, shall state the permit number of the vehicle or pushcart associated with such notice of violation. Any penalty duly imposed by such tribunal, and any fine or penalty imposed by such court, shall be considered to have been issued against the permittee associated with such permit number for the purposes of the non-issuance or renewal of a food vendor permit pursuant to subdivision b of section 17-317. (Am. L.L. 2021/018, 2/28/2021, eff. 2/28/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/014, L.L. 2008/009, and L.L. 2021/018.

NYC Admin. Code § 17-322 Forfeitures.

§ 17-322 Forfeitures. a. In addition to any penalties imposed pursuant to subdivision a of section 17-325 of this subchapter upon any person found guilty of violating subdivision a, b or c of section 17-307 of this subchapter, all property seized pursuant to this subchapter shall be subject to forfeiture upon notice and judicial determination. Notice of the institution of the forfeiture proceeding shall be in accordance with the provisions of the civil practice law and rules. b. The police department having custody of the seized property, after judicial determination of forfeiture shall, upon a public notice of at least five days, sell such forfeited property at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the city of New York.

NYC Admin. Code § 17-323 Seizure of perishable food.

§ 17-323 Seizure of perishable food. In the event that a seizure made pursuant to this subchapter shall include any perishable item of food which cannot be retained in custody without such item becoming unwholesome, putrid, decomposed or unfit in any way, the commissioner may order such item destroyed or otherwise disposed of provided, however, that written notice of such destruction or other disposition setting forth an itemized description of the property, the reason for its destruction or other disposition, and the date when it was destroyed or otherwise disposed of be mailed to the food vendor from whom it was seized within twenty-four hours after such disposition. A copy of such notice shall be kept on file by the department for a period of one year.

NYC Admin. Code § 17-323.1 Notification concerning seizure of food.

§ 17-323.1 Notification concerning seizure of food. In the event that an agency seizes food when an employee or agent of the department of health and mental hygiene is present and determines that such food meets the sanitary requirements in the New York city health code, such agency shall, before disposing of such food, notify at least one food rescue organization that such organization may retrieve all or part of such food at such organization's expense. For the purposes of this section, the term "food rescue organization" means an organization that (i) retrieves, stores or distributes food that would otherwise be discarded, donated food or donated grocery products and (ii) donates such food or such grocery products to individuals, distributes such food or such grocery products to other food rescue organizations or otherwise distributes such food or such grocery products in connection with a food emergency program, food donation program or similar program. (L.L. 2017/171, 9/8/2017, eff. 9/8/2017)

NYC Admin. Code § 17-324 Rules.

§ 17-324 Rules. The commissioner or board shall make such rules as deemed necessary for the proper implementation and enforcement of this subchapter.

NYC Admin. Code § 17-324.1 Other foods.

§ 17-324.1 Other foods. The commissioner may designate by rule a list of healthful foods in addition to fresh fruits and vegetables, water, and raw single ingredient nuts, provided that any food designated as healthful is in alignment with evidence-based dietary recommendations. (L.L. 2021/018, 2/28/2021, eff. 5/29/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/018.

NYC Admin. Code § 17-325 Penalties.

§ 17-325 Penalties. a. Any person who violates the provisions of subdivision a, b, or c of section 17-307 of this subchapter shall be guilty of a violation, punishable by a fine of not less than $150 nor more than $250. b. 1. In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of subdivision a, b, or c of section 17-307 shall be liable for a civil penalty of not less than $150 nor more than $1,000 together with a penalty of $100 per day for every day during which the unlicensed business operated; except that a person who violates, or any person aiding another to violate, the provisions of subdivision a, b, or c of section 17-307 by engaging in continued unlicensed activity as defined by the commissioner, considering factors including but not limited to the frequency and duration of such unlicensed activity, shall be liable for a civil penalty of $1,000 together with a penalty of $250 per day for every day during which the unlicensed business operated. The commissioner may also consider additional civil penalties of up to $1,000 if such person had an opportunity to obtain a license or add themselves to the waitlist for such license. 2. Any person who violates any of the provisions of this subchapter, other than subdivision a, b, or c of section 17-307 or subdivision k of section 17-315, or any of the rules and regulations promulgated hereunder shall be liable for a civil penalty as follows: (a) For the first violation, a penalty of $25. (b) For the second violation issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $50. (c) For the third violation issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $100, in addition to the remedy provided for in subdivision f of section 17-317. (d) For any subsequent violations issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $250. 3. Notwithstanding paragraph 2 of this subdivision, any person that violates subdivision c of section 17-311 by failing to firmly affix a current letter grade or letter grade pending card to a vending vehicle or pushcart in a conspicuous place as required by rules of the department shall be liable for a civil penalty of $500. 4. Any person that violates section 17-311 or subdivisions a or b of section 17-315, or any rules promulgated thereunder, shall not be subject to a civil penalty for a first-time violation if such person proves to the satisfaction of the department, within 7 days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of section 17-311 or subdivisions a or b of section 17-315, or any rules promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination. 5. Any person who violates subdivision k of section 17-315, or any of the rules and regulations promulgated hereunder, shall be liable for a civil penalty as follows: (a) For the first violation, a penalty of $50. (b) For the second violation issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $100. (c) For the third violation issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $200, in addition to the remedy provided for in subdivision f of section 17-317. (d) For any subsequent violations issued for the same offense within a period of 2 years of the date of a first violation, a penalty of $400. c. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision b of this section shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board or a tribunal of the office of administrative trials and hearings. The environmental control board or a tribunal of the office of administrative trials and hearings shall have the power to impose the civil penalties prescribed by subdivision b of this section. (Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022; Am. L.L. 2025/122, 9/10/2025, eff. 3/9/2026; Am. L.L. 2026/054, 1/29/2026, eff. 1/29/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/027, L.L. 2021/080, and L.L. 2025/122.

NYC Admin. Code § 17-325.1 Failure to display and produce license or permit; presumptive evidence of unlicensed or unpermitted activity.

§ 17-325.1 Failure to display and produce license or permit; presumptive evidence of unlicensed or unpermitted activity. a. In any action or proceeding, failure by a food vendor who is required to be licensed pursuant to the provisions of this chapter to display and exhibit upon demand a food vendor's license in accordance with the provisions of this chapter to any police officer, public health sanitarian or other authorized officer or employee of the department or other city agency shall be presumptive evidence that such food vendor is not duly licensed. b. In any action or proceeding, the failure of any vehicle or pushcart which is required to be permitted pursuant to the provisions of this chapter to have a permit plate affixed thereto in accordance with the provisions of this chapter shall be presumptive evidence that such vehicle or pushcart is not duly permitted. (Am. L.L. 2025/122, 9/10/2025, eff. 3/9/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/122.

NYC Admin. Code § 17-325.2 Reports on vendor license and permit renewals, suspensions and revocations.

§ 17-325.2 Reports on vendor license and permit renewals, suspensions and revocations. Commencing on June 1, 2013, and every twelve months thereafter, the department shall issue an annual report to the council with respect to food vendor licenses and pushcart or vehicle permits. Each report shall include the following information for the twelve-month period prior to the issuance of the report: (i) the number of food vendor license renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of subchapter two of chapter three of title 17 of the administrative code; (ii) the number of food vending pushcart or vehicle permit renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of subchapter two of chapter three of title 17 of the administrative code; (iii) the number of food vendor license suspensions pursuant to section 17-317 of the administrative code and the basis for each such suspension; (iv) the number of food vending pushcart or vehicle permit suspensions pursuant to section 17-317 of the administrative code and the basis for each such suspension; (v) the number of food vendor license revocations pursuant to section 17-317 of the administrative code and the basis for each such revocation; and (vi) the number of food vending pushcart or vehicle permit revocations pursuant to 17-317 of the administrative code and the basis for each such revocation. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/009.

NYC Admin. Code § 17-325.3 Sanitary inspection grading.

§ 17-325.3 Sanitary inspection grading. The department shall establish and implement a system for grading and classifying inspection results for each vending vehicle or pushcart using letters to identify and represent a vending vehicle or pushcart's degree of compliance with laws and rules that require such vending vehicle and pushcart to operate in a sanitary manner to protect public health. Where practicable, such system shall be implemented in a manner consistent with the implementation of the letter grading program established by the department for food service establishments pursuant to section 81.51 of the health code. (L.L. 2017/108, 5/30/2017, eff. 2/24/2018)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-136012Fetched: 10/24/2026