NY State Senate Bill 2017-S331

Senate Bill S331

2017-2018 Legislative Session

Directs cities having a population of two million or more to establish a vendor policy commission to review and make recommendation on the laws and rules applicable to street vendors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 04, 2017	referred to cities

2017-S331 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: Cities
Versions Introduced in 2015-2016 Legislative Session:: S4425

2017-S331 (ACTIVE) - Summary

Directs cities having a population of two million or more to establish a vendor policy commission to review and make recommendations on the laws and rules applicable to street vendors.

2017-S331 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S331

 TITLE OF BILL :

An act to provide for the establishment of a vendor policy commission
in cities having a population of two million or more

 PURPOSE :

This bill directs all cities with a population of over 2 million to
establish a street vendor policy commission for the purposes of
evaluating subjects, including but not limited to: (1) the lifting of
caps on street vendor permits; (2) establishing and enforcing a
process to rescind licenses of licensees who illegally rent out
credentials; (3) establishing pertinent zoning regulations and
incentive structures; (4) create a letter grading system for mobile
food vendors; (5) implementing a system of fines for minor violations
while focusing on serious violations; (6) establishing community
spaces where vendors may congregate to sell food without exacerbating
congestion; and (7) creating a mediation process whereby street
vendors and adjacent businesses can resolve conflicts.

 SUMMARY OF PROVISIONS :

Section 1 enumerates persons to be named to requisite street vendor
policy commission(s).

Section 2 enumerates procedures of requisite street vendor
commission(s), while also outlining policy issue areas to be studied
and recommended upon by commission(s).

Section 3 enumerates the powers of requisite street vendor policy
commission(s). Section 4 sets forth the effective date.

 JUSTIFICATION :

This bill directs the formation of a long overdue street vendor policy
commission in order to review policy and recommend changes relative to
the current prevailing issues among street vendors and concurrently,
traditional storefront businesses.

While traditional storefronts have long complained of the interference
of street vendors upon sales of their businesses, regulations have
been slow to protect these business interests.

Simultaneously, street vendors have become an essential presence to
consumers and are a part of the vibrant fabric that builds
neighborhoods throughout New York City. With the growth of New Yorkers
working as street vendors, regulation has also failed to address a cap
on street vending licenses that has allowed a dangerous and
financially crippling black market of vending licenses to thrive.
Often, the enforcement powers of oversight agencies are unclear and
decisions to wage fines upon street vendors, or to wholly revoke their
licenses, are based on less than adequate regulatory guidance.

A new street vendor policy commission, composed of pertinent
government officials and community advocates for all involved
interests, is the right next step in modernizing the regulations that
govern street vending.

 FISCAL IMPACT :

None to be incurred by the State.

 PRIOR LEGISLATIVE HISTORY :

2015-2016 - S4225

 EFFECTIVE DATE :
This act will take effect immediately after it becomes law.

2017-S331 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    331
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to provide for the establishment of a vendor policy commission in
   cities having a population of two million or more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. There shall be established in each city having a population
 of  two million or more a vendor policy commission. Each such commission
 shall be composed of 9 members, as follows:
   (a)  the  commissioner  of  the  city  department  of  small  business
 services, or his or her designee;
   (b)  the  director  of the city department of city planning, or his or
 her designee;
   (c) the commissioner of the city department of transportation, or  his
 or her designee;
   (d)  the  commissioner  of  the  city  department of health and mental
 hygiene, or his or her designee;
   (e) the commissioner of the city department of  consumer  affairs,  or
 his or her designee; and
   (f)  four  members  appointed by the mayor, upon the nomination of the
 speaker of city council, of whom:
   (1) one shall be a representative of an  organization  that  advocates
 for or provides services to street vendors in the city,
   (2)  one  shall be a representative of a business improvement district
 in the city,
   (3) one shall  be  a  representative  of  an  established  chamber  of
 commerce in the city, and
   (4) one shall be a representative of an immigrant advocacy or services
 organization in the city.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00155-01-7

 S. 331                              2

   §  2.  Each  vendor  policy  commission shall, after review, study and
 receipt of public comment, and concurrence of a majority of its members,
 issue a report and promulgate recommendations relating to the local laws
 and regulations governing the operation of general  vending  businesses,
 as  defined  in section 20-452 of the administrative code of the city of
 New York, and food vending businesses, as defined in section  17-306  of
 the  administrative  code  of the city of New York. Such report shall be
 submitted to the mayor and the city council, and made available  to  the
 public within 6 months of the effective date of this act. Such recommen-
 dations shall include, but not be limited to, the following issues:
   (a) the lifting of the cap on street vendor permits;
   (b)  establishing  and  enforcing a process to rescind the licenses of
 licensees who illegally rent out credentials;
   (c) the establishment of zoning regulations and  incentive  structures
 that  reduce  congestion  and  lead  to a more efficient distribution of
 vendor locations;
   (d) the creation of a letter grading system for mobile food vendors;
   (e) the implementation of a system of fines that reduces penalties for
 minor violations and focuses on  serious  health,  safety,  traffic  and
 sanitation violations;
   (f)  the  establishment  and  promotion of designated community spaces
 where street vendors can congregate to sell  food  without  exacerbating
 congestion; and
   (g)  the  creation  of  a mediation process whereby street vendors and
 adjacent business owners can resolve conflicts.
   § 3. Each commission shall have the power to:
   (a) appoint a chairperson by majority vote of its  designated  member-
 ship;
   (b)  recommend  to the mayor and the city council such legislation and
 rules as it shall deem necessary to implement its recommendations; and
   (c) in the same manner as provided in section 1043  of  the  New  York
 city  charter,  promulgate  and  amend,  on  an ongoing basis, the rules
 governing street vendors, when such rules are  within  the  purview  and
 enumerated powers of one or more of the city agencies represented in the
 membership of the commission.
   § 4. This act shall take effect immediately.

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