NY State Senate Bill 2015-S8167

Senate Bill S8167

2015-2016 Legislative Session

Provides for enhanced review of licenses issued to construct, maintain and operate newsstands in the city of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2016	referred to rules

2015-S8167 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §20-229.1, NYC Ad Cd
Versions Introduced in 2017-2018 Legislative Session:: S469

2015-S8167 (ACTIVE) - Summary

Provides for enhanced review of licenses issued to construct, maintain and operate newsstands in the city of New York.

2015-S8167 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8167

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to the licensing of newsstands

 PURPOSE OF BILL :

Provides for enhanced review of licenses issued to construct, maintain
and operate newsstands in the City of New York, including additional
evaluation of applications by community boards and the City Council

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new Section 20-229.1 to the Administrative Code of
the City of New York.

Section 2 establishes the effective date.

 JUSTIFICATION :

Under current law in New York City, applications for the approval of
sidewalk newsstands are subject to particular regulations promulgated
by the Department of Consumer Affairs and the Department of
Transportation. However, beyond an applicant meeting certain business
requirements and spacing requirements that are in place, no mechanism
exists to include input from an affected community as to the location

of a sidewalk newsstand. As a result, the Department of Consumer
Affairs has no choice but to approve an application if criteria are
met even in the face of opposition voiced by a surrounding community.

This legislation would allow for a review process that is similar to
that currently in place for applications for sidewalk cafes. As part
of this process, community boards are forwarded all applications for
their review and recommendations. The City Council then has the power
to approve or deny an application based on a host of factors, which
would include weighing input from the community. The legislation is an
important step forward in ensuring that the voice of the community is
heard when decisions are being made that directly affect residents'
quality of life.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S8167 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8167

                            I N  S E N A T E

                              July 11, 2016
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to the licensing of newsstands

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 20-229.1 to read as follows:
  S  20-229.1 REVIEW AND APPROVAL OF APPLICATIONS TO CONSTRUCT, MAINTAIN
AND OPERATE NEWSSTANDS. EACH APPLICATION FOR A LICENSE OR RENEWAL THERE-
OF TO CONSTRUCT, MAINTAIN AND OPERATE A NEWSSTAND SHALL BE REVIEWED  AND
APPROVED IN THE FOLLOWING MANNER:
  A.  THE APPLICATION SHALL BE IN SUCH FORM AS PRESCRIBED BY THE DEPART-
MENT. AN APPLICATION SHALL BE FILED WITH THE  DEPARTMENT  WHICH,  WITHIN
FIVE DAYS OF THE FILING OF SUCH APPLICATION, SHALL FORWARD COPIES THERE-
OF  TO  THE  SPEAKER  OF  THE  COUNCIL,  TO  THE COUNCIL MEMBER IN WHOSE
DISTRICT THE NEWSSTAND IS PROPOSED TO BE LOCATED AND TO THE PRESIDENT OF
THE BOROUGH IN WHICH THE NEWSSTAND IS TO BE LOCATED,  FOR  INFORMATIONAL
PURPOSES, AND TO THE COMMUNITY BOARD FOR THE COMMUNITY DISTRICT IN WHICH
THE  NEWSSTAND  IS  PROPOSED  TO BE LOCATED, AND SUCH BOARD SHALL REVIEW
SUCH APPLICATION PURSUANT TO SUBDIVISION B OF THIS SECTION.
  B. THE COMMUNITY BOARD SHALL, NOT LATER  THAN  FORTY-FIVE  DAYS  AFTER
RECEIPT  OF SUCH APPLICATION, EITHER (I) NOTIFY THE PUBLIC OF THE APPLI-
CATION IN A MANNER SPECIFIED BY THE DEPARTMENT, CONDUCT A PUBLIC HEARING
THEREON AND SUBMIT A WRITTEN RECOMMENDATION TO THE DEPARTMENT AND TO THE
COUNCIL, OR (II) WAIVE BY  WRITTEN  STATEMENT  ITS  PUBLIC  HEARING  AND
RECOMMENDATION  ON  SUCH  APPLICATION,  AND SUBMIT SUCH STATEMENT TO THE
DEPARTMENT AND THE COUNCIL. IF THE COMMUNITY BOARD SUBMITS A RECOMMENDA-
TION ON AN APPLICATION AFTER THE FORTY-FIVE DAY TIME PERIOD HAS EXPIRED,
SUCH RECOMMENDATION MAY BE  ACCEPTED  BY  THE  DEPARTMENT  IN  THE  SOLE
DISCRETION OF THE COMMISSIONER.
  C. WITHIN THIRTY DAYS AFTER THE EXPIRATION OF THE FORTY-FIVE DAY PERI-
OD ALLOWED FOR THE FILING OF A RECOMMENDATION OR WAIVER BY THE COMMUNITY
BOARD  PURSUANT  TO  SUBDIVISION B OF THIS SECTION, THE DEPARTMENT SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15930-02-6

S. 8167                             2

(I) HOLD A PUBLIC HEARING ON THE APPLICATION, (II) APPROVE THE  APPLICA-
TION OR DISAPPROVE IT, AND (III) FILE WITH THE COUNCIL ANY SUCH DECISION
TO APPROVE, TOGETHER WITH THE APPLICATION, EXCEPT THAT IF THE DEPARTMENT
WAIVES ITS PUBLIC HEARING, SUCH DEPARTMENT SHALL FILE WITH THE COUNCIL A
WRITTEN  STATEMENT  OF SUCH WAIVER AND ANY DECISION TO APPROVE, TOGETHER
WITH THE APPLICATION, WITHIN TEN DAYS AFTER THE EXPIRATION OF THE PERIOD
ALLOWED FOR THE COMMUNITY BOARD FILING OF  A  RECOMMENDATION  OR  WAIVER
PURSUANT  TO  SUBDIVISION  B OF THIS SECTION. IF THE DEPARTMENT FAILS TO
FILE WITH THE COUNCIL ANY DECISION TO APPROVE, TOGETHER WITH THE  APPLI-
CATION,  AS PROVIDED IN THE PRECEDING SENTENCE, THE APPLICATION SHALL BE
DEEMED TO HAVE BEEN DENIED, UNLESS THE APPLICANT SUBMITS  A  REQUEST  IN
WRITING  TO THE DEPARTMENT FOR AN ADDITIONAL PERIOD OF TIME, WHICH SHALL
NOT EXCEED ONE HUNDRED EIGHTY DAYS, TO CORRECT ANY DEFICIENCIES  IN  THE
APPLICATION.    UNLESS  THE  DEPARTMENT WAIVES ITS PUBLIC HEARING, FOR A
PERIOD OF NOT LESS THAN FIFTEEN CALENDAR DAYS PRIOR TO THE DATE OF  SUCH
PUBLIC HEARING, THE APPLICANT SHALL POST NOTICE OF THE PUBLIC HEARING IN
A PLACE CONSPICUOUS TO PUBLIC VIEW AT THE LOCATION OF THE PROPOSED NEWS-
STAND.    AT  LEAST  FIFTEEN DAYS PRIOR TO THE DATE OF SUCH HEARING, THE
DEPARTMENT SHALL GIVE NOTICE TO THE COMMUNITY BOARD FOR THE DISTRICT  IN
WHICH  THE  NEWSSTAND IS PROPOSED TO BE LOCATED, TO THE PRESIDENT OF THE
BOROUGH IN WHICH THE NEWSSTAND IS PROPOSED TO  BE  LOCATED  AND  TO  THE
COUNCIL  MEMBER  IN  WHOSE  DISTRICT  THE  NEWSSTAND  IS  PROPOSED TO BE
LOCATED. NOT LESS THAN FIVE CALENDAR DAYS PRIOR TO THE DATE OF ANY  SUCH
HEARING, NOTICE OF THE HEARING SHALL BE PUBLISHED IN THE CITY RECORD AND
IN  ONE  NEWSPAPER OF LOCAL CIRCULATION IN THE COMMUNITY WHERE THE NEWS-
STAND IS PROPOSED TO BE LOCATED.  NO  OTHER  NOTICE  REQUIREMENTS  SHALL
APPLY TO HEARINGS FOR LICENSING OF NEWSSTANDS.
  D.  WITHIN  TWENTY DAYS OF THE DATE THE APPLICATION IS RECEIVED BY THE
COUNCIL PURSUANT TO SUBDIVISION C  OF  THIS  SECTION,  THE  COUNCIL  MAY
RESOLVE BY THE MAJORITY VOTE OF ALL COUNCIL MEMBERS TO REVIEW THE APPLI-
CATION. IF THE COUNCIL DOES NOT SO RESOLVE, THE APPROVAL OF THE APPLICA-
TION  BY  THE  DEPARTMENT  SHALL  BE FORWARDED TO THE MAYOR FOR APPROVAL
PURSUANT TO SUBDIVISION F OF THIS SECTION, UNLESS,  IN  ACCORDANCE  WITH
THAT  SUBDIVISION, THE APPLICATION IS ONE FOR WHICH THE MAYOR HAS DETER-
MINED THAT SEPARATE AND ADDITIONAL MAYORAL APPROVAL IS NOT REQUIRED.
  E. IF THE COUNCIL RESOLVES TO REVIEW AN APPLICATION PURSUANT TO SUBDI-
VISION D OF THIS SECTION, THE COUNCIL SHALL HOLD A PUBLIC HEARING, AFTER
GIVING PUBLIC NOTICE NOT LESS THAN FIVE DAYS IN ADVANCE OF SUCH HEARING.
THE COUNCIL SHALL TAKE FINAL ACTION ON THE APPLICATION  AND  SHALL  FILE
WITH  THE MAYOR ITS RESOLUTION, IF ANY, WITH RESPECT TO THE APPLICATION,
EXCEPT THAT IF, IN ACCORDANCE WITH SUBDIVISION F OF  THIS  SECTION,  THE
APPLICATION  IS ONE FOR WHICH THE MAYOR HAS DETERMINED THAT SEPARATE AND
ADDITIONAL MAYORAL APPROVAL IS NOT REQUIRED, THE COUNCIL SHALL FILE  ITS
RESOLUTION  WITH  THE  DEPARTMENT.   SUCH FILING OF THE RESOLUTION SHALL
TAKE PLACE WITHIN FIFTY DAYS OF THE FILING OF THE APPLICATION  WITH  THE
COUNCIL  PURSUANT TO SUBDIVISION C OF THIS SECTION. THE AFFIRMATIVE VOTE
OF A MAJORITY OF ALL THE COUNCIL MEMBERS SHALL BE REQUIRED TO APPROVE OR
DISAPPROVE THE APPLICATION.  IF WITHIN THE TIME PERIOD PROVIDED  FOR  IN
THIS  SUBDIVISION,  THE  COUNCIL  FAILS  TO  ACT  OR FAILS TO ACT BY THE
REQUIRED VOTE ON AN APPLICATION, THE COUNCIL SHALL  BE  DEEMED  TO  HAVE
APPROVED THE APPLICATION.
  F. THE CONSENT SHALL BE UPON SUCH CONDITIONS AS MAY BE PROVIDED IN THE
APPROVAL OF THE APPLICATION BY THE DEPARTMENT, AND SHALL BE REVOCABLE AT
ANY TIME BY SUCH DEPARTMENT. THE SEPARATE AND ADDITIONAL APPROVAL OF THE
MAYOR  SHALL  BE  NECESSARY TO ITS VALIDITY, UNLESS THE MAYOR HAS DETER-

S. 8167                             3

MINED THAT SUCH APPROVAL IS NOT REQUIRED FOR APPLICATIONS  REVIEWED  AND
APPROVED PURSUANT TO THIS SECTION, OR ANY CATEGORY OF SUCH APPLICATIONS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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