S T A T E O F N E W Y O R K
________________________________________________________________________
1684
2017-2018 Regular Sessions
I N S E N A T E
January 10, 2017
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Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to imposing
restrictions on vending like goods and services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
38-a to read as follows:
§ 38-A. RESTRICTIONS ON VENDING LIKE GOODS AND SERVICES. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "LIKE GOODS AND SERVICES" MEANS ANY PRODUCT OR SERVICE WHICH IS
BOUGHT AND SOLD AND IS SUBSTANTIALLY SIMILAR TO ANOTHER SUCH PRODUCT OR
SERVICE.
(B) "FOOD" MEANS RAW, COOKED OR PROCESSED EDIBLE SUBSTANCES, BEVERAG-
ES, INGREDIENTS, ICE OR WATER USED OR INTENDED FOR USE OR FOR SALE IN
WHOLE OR IN PART FOR HUMAN CONSUMPTION.
(C) "VENDOR" MEANS A PERSON WHO HAWKS, PEDDLES, SELLS OR OFFERS FOOD,
GOODS OR PRODUCTS FOR SALE AT RETAIL IN ANY PUBLIC SPACE.
2. NOTWITHSTANDING THE PROVISIONS OF SECTIONS THIRTY-TWO AND THIRTY-
FIVE-A OF THIS ARTICLE, EVERY PERSON WHO VENDS GOODS TO RETAIL TRADE ON
PUBLIC STREETS SHALL BE A MINIMUM OF ONE HUNDRED FEET AWAY FROM THE EDGE
OF THE PROPERTY OF A PLACE OF BUSINESS WHICH SELLS RETAIL TRADE, LIKE
GOODS, FOOD AND PRODUCE WHICH THE STREET VENDOR IS OFFERING FOR SALE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01281-01-7