Senate Bill S1739

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1739
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. RAMOS, BRISPORT, HARCKHAM, JACKSON, RIVERA, SALAZAR,
   SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed
   to be committed to the Committee on Cities 2
 
 AN  ACT  to  amend the general city law, the criminal procedure law, the
   charter of the city of New York and the  administrative  code  of  the
   city  of  New York, in relation to the regulation of street vendors in
   cities with a population of one million or more; and to repeal certain
   provisions of the administrative code of the city of New York relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and declaration.   The legislature
 finds and declares that street vending plays a crucial role in New  York
 City's small business landscape, allowing immigrants, military veterans,
 and  others  to create a foothold in the City's economy.  Street vendors
 contribute significantly to the vibrancy of the City's  streetscape  and
 add  a visible cultural representation of the City's inhabitants. Howev-
 er, street vendors in New York  City  have  historically  faced  several
 barriers  to  business  viability  as  a result of antiquated City laws,
 rules, and policies limiting the number of vending permits and licenses,
 as well as the criminalization of vending by the New  York  City  Police
 Department  and  other  agencies.    To  effectuate the removal of these
 barriers, the legislature finds and declares that  there  should  be  no
 limit  on  the number of street vending permits and licenses that can be
 issued in the City. Artificially created limits on the number of  street
 vendors  only  forces  the  creation  of underground markets, as well as
 vendors operating without licenses or  permits  outside  the  regulatory
 system.  Street  vendors  should receive the basic opportunities to open
 small businesses to further stimulate the  City's  economy  as  well  as
 provide economic viability and mobility for entrepreneurship.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04807-01-3
 S. 1739                             2
              

 
   Furthermore, the legislature finds and declares that the New York City
 Police  Department should be prohibited from enforcing all street vendor
 laws and regulations. Street vendors deserve the same respect and expec-
 tations as other small businesses and  should  be  regulated  solely  by
 civilian agencies without fear of criminal justice consequences.
   §  2.  The general city law is amended by adding a new section 18-e to
 read as follows:
   § 18-E. STREET VENDORS. 1. FOR  THE  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING DEFINITIONS APPLY:
   A.  "STREET VENDOR" MEANS A PERSON WHO SELLS GOODS AND SERVICES FROM A
 FOOD TRUCK, PUSHCART, STAND, DISPLAY, PEDAL-DRIVEN  CART,  WAGON,  SHOW-
 CASE,  RACK, OTHER NONMOTORIZED CONVEYANCE, OR FROM ONE'S PERSON, UPON A
 PUBLIC STREET, SIDEWALK OR OTHER PEDESTRIAN PATH.
   B. "LOCAL LEGISLATIVE BODY" MEANS THE LEGISLATIVE BODY OF A CITY  WITH
 A POPULATION OF ONE MILLION OR MORE.
   2.  A.  A  LOCAL  LEGISLATIVE  BODY IN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE SHALL NOT REGULATE STREET VENDORS EXCEPT  IN  ACCORDANCE
 WITH SUBDIVISION THREE, FOUR OR FIVE OF THIS SECTION.
   B.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE APPLICA-
 BILITY OF ANY LAWS, RULES, OR REGULATIONS PERTAINING TO FOOD SAFETY TO A
 STREET VENDOR WHO SELLS FOOD.
   C. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  TO  REQUIRE  A  LOCAL
 LEGISLATIVE  BODY  TO  ADOPT A NEW PROGRAM TO REGULATE STREET VENDORS IF
 THE LOCAL LEGISLATIVE BODY HAS  ESTABLISHED  AN  EXISTING  PROGRAM  THAT
 SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
   3.  A. A LOCAL LEGISLATIVE BODY MAY ADOPT A PROGRAM TO REGULATE STREET
 VENDORS IN COMPLIANCE WITH THIS SECTION.
   B. A LOCAL LEGISLATIVE BODY'S STREET VENDING PROGRAM SHALL COMPLY WITH
 ALL OF THE FOLLOWING STANDARDS:
   (I) A LOCAL LEGISLATIVE BODY SHALL NOT  REQUIRE  A  STREET  VENDOR  TO
 OPERATE  WITHIN  SPECIFIC  PARTS OF THE PUBLIC RIGHT-OF-WAY, EXCEPT WHEN
 SUCH RESTRICTION IS DIRECTLY RELATED TO  OBJECTIVE  HEALTH,  SAFETY,  OR
 WELFARE CONCERNS.
   (II)  (A)  A LOCAL LEGISLATIVE BODY SHALL NOT PROHIBIT A STREET VENDOR
 FROM SELLING FOOD OR MERCHANDISE IN A PARK  OWNED  OR  OPERATED  BY  THE
 CITY,  EXCEPT  THE LOCAL LEGISLATIVE BODY MAY PROHIBIT STATIONARY STREET
 VENDORS FROM VENDING IN THE PARK ONLY IF THE OPERATOR OF  THE  PARK  HAS
 SIGNED AN AGREEMENT FOR CONCESSIONS THAT EXCLUSIVELY PERMITS THE SALE OF
 FOOD OR MERCHANDISE BY THE CONCESSIONAIRE.
   (B)  NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, A LOCAL LEGISLA-
 TIVE BODY MAY ADOPT ADDITIONAL REQUIREMENTS REGULATING THE TIME,  PLACE,
 AND  MANNER OF STREET VENDING IN A PARK OWNED OR OPERATED BY THE CITY IF
 THE REQUIREMENTS ARE ANY OF THE FOLLOWING:
   (1) DIRECTLY RELATED TO OBJECTIVE HEALTH, SAFETY, OR WELFARE CONCERNS;
   (2) NECESSARY TO ENSURE THE PUBLIC'S  USE  AND  ENJOYMENT  OF  NATURAL
 RESOURCES AND RECREATIONAL OPPORTUNITIES; OR
   (3) NECESSARY TO PREVENT AN UNDUE CONCENTRATION OF COMMERCIAL ACTIVITY
 THAT  UNREASONABLY  INTERFERES  WITH THE SCENIC AND NATURAL CHARACTER OF
 THE PARK.
   (III) A LOCAL LEGISLATIVE BODY SHALL NOT REQUIRE A  STREET  VENDOR  TO
 FIRST  OBTAIN  THE  CONSENT OR APPROVAL OF ANY NONGOVERNMENTAL ENTITY OR
 INDIVIDUAL BEFORE HE OR SHE CAN SELL FOOD OR MERCHANDISE.
   (IV) A LOCAL LEGISLATIVE BODY SHALL NOT  RESTRICT  STREET  VENDORS  TO
 OPERATE  ONLY  IN  A  DESIGNATED  NEIGHBORHOOD OR AREA, EXCEPT WHEN THAT
 RESTRICTION IS DIRECTLY RELATED TO OBJECTIVE HEALTH, SAFETY, OR  WELFARE
 CONCERNS.
 S. 1739                             3
 
   (V)  A LOCAL LEGISLATIVE BODY SHALL NOT RESTRICT THE OVERALL NUMBER OF
 STREET VENDORS PERMITTED TO OPERATE WITHIN THE JURISDICTION OF THE LOCAL
 LEGISLATIVE BODY.
   C.  A  LOCAL  LEGISLATIVE  BODY  MAY, BY LAW, ORDINANCE OR RESOLUTION,
 ADOPT ADDITIONAL REQUIREMENTS REGULATING THE TIME, PLACE, AND MANNER  OF
 STREET  VENDING  IF  THE  REQUIREMENTS ARE DIRECTLY RELATED TO OBJECTIVE
 HEALTH, SAFETY, OR WELFARE CONCERNS, INCLUDING, BUT NOT LIMITED TO,  ANY
 OF THE FOLLOWING:
   (I) LIMITATIONS ON HOURS OF OPERATION THAT ARE NOT UNDULY RESTRICTIVE.
 IN  NONRESIDENTIAL  AREAS, ANY LIMITATIONS ON THE HOURS OF OPERATION FOR
 STREET VENDING SHALL NOT BE MORE RESTRICTIVE  THAN  ANY  LIMITATIONS  ON
 HOURS  OF  OPERATION  IMPOSED  ON  OTHER  BUSINESSES OR USES ON THE SAME
 STREET;
   (II) REQUIREMENTS TO MAINTAIN SANITARY CONDITIONS;
   (III) REQUIREMENTS NECESSARY TO ENSURE  COMPLIANCE  WITH  THE  FEDERAL
 AMERICANS  WITH  DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336) AND OTHER
 DISABILITY ACCESS STANDARDS;
   (IV) REQUIRING THE STREET VENDOR TO OBTAIN FROM THE LOCAL  LEGISLATIVE
 BODY  A  PERMIT FOR STREET VENDING OR A VALID BUSINESS LICENSE, PROVIDED
 THAT THE LOCAL LEGISLATIVE BODY ISSUING THE PERMIT OR  BUSINESS  LICENSE
 ACCEPTS  A  NEW YORK DRIVER'S LICENSE OR IDENTIFICATION NUMBER, AN INDI-
 VIDUAL TAXPAYER IDENTIFICATION NUMBER,  OR  A  MUNICIPAL  IDENTIFICATION
 NUMBER IN LIEU OF A SOCIAL SECURITY NUMBER IF THE LOCAL LEGISLATIVE BODY
 OTHERWISE REQUIRES A SOCIAL SECURITY NUMBER FOR THE ISSUANCE OF A PERMIT
 OR  BUSINESS  LICENSE, AND THAT THE NUMBER COLLECTED SHALL NOT BE AVAIL-
 ABLE TO THE PUBLIC FOR INSPECTION, IS CONFIDENTIAL,  AND  SHALL  NOT  BE
 DISCLOSED  EXCEPT  AS  REQUIRED  TO  ADMINISTER  THE PERMIT OR LICENSURE
 PROGRAM OR COMPLY WITH A STATE LAW OR STATE OR FEDERAL COURT ORDER;
   (V) REQUIRING THE STREET VENDOR TO POSSESS A VALID SELLER'S PERMIT  OR
 LICENSE;
   (VI)  REQUIRING ADDITIONAL LICENSES FROM OTHER STATE OR LOCAL AGENCIES
 TO THE EXTENT REQUIRED BY LAW;
   (VII) REQUIRING COMPLIANCE WITH OTHER GENERALLY APPLICABLE LAWS; OR
   (VIII) REQUIRING A STREET VENDOR TO SUBMIT INFORMATION ON HIS  OR  HER
 OPERATIONS, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (A) THE NAME AND CURRENT MAILING ADDRESS OF THE STREET VENDOR;
   (B) A DESCRIPTION OF THE MERCHANDISE OFFERED FOR SALE OR EXCHANGE;
   (C)  A  CERTIFICATION  BY  THE VENDOR THAT TO HIS OR HER KNOWLEDGE AND
 BELIEF, THE INFORMATION CONTAINED ON THE FORM IS TRUE;
   (D) THE NEW YORK STATE TAX NUMBER, IF ANY, OF THE STREET VENDOR; OR
   (E) IF THE STREET VENDOR IS AN AGENT OF AN INDIVIDUAL, COMPANY,  PART-
 NERSHIP, OR CORPORATION, THE NAME AND BUSINESS ADDRESS OF THE PRINCIPAL.
   D.  NOTWITHSTANDING  PARAGRAPH B OF THIS SUBDIVISION, A LOCAL LEGISLA-
 TIVE BODY MAY RESTRICT OR PROHIBIT STREET VENDORS WITHIN  THE  IMMEDIATE
 VICINITY  OF AN AREA DESIGNATED FOR A TEMPORARY SPECIAL PERMIT ISSUED BY
 THE LOCAL LEGISLATIVE BODY, PROVIDED THAT ANY  NOTICE,  BUSINESS  INTER-
 RUPTION  MITIGATION,  OR OTHER RIGHTS PROVIDED TO AFFECTED BUSINESSES OR
 PROPERTY OWNERS UNDER THE LOCAL  LEGISLATIVE  BODY'S  TEMPORARY  SPECIAL
 PERMIT ARE ALSO PROVIDED TO ANY STREET VENDORS SPECIFICALLY PERMITTED TO
 OPERATE  IN THE AREA, IF APPLICABLE. FOR THE PURPOSES OF THIS PARAGRAPH,
 A TEMPORARY SPECIAL PERMIT IS A PERMIT ISSUED BY THE  LOCAL  LEGISLATIVE
 BODY FOR THE TEMPORARY USE OF, OR ENCROACHMENT ON, THE STREET, SIDEWALK,
 OR  OTHER  PUBLIC  AREA,  INCLUDING,  BUT NOT LIMITED TO AN ENCROACHMENT
 PERMIT, SPECIAL EVENT PERMIT, OR TEMPORARY EVENT  PERMIT,  FOR  PURPOSES
 INCLUDING,  BUT NOT LIMITED TO, FILMING, PARADES, OR OUTDOOR CONCERTS. A
 S. 1739                             4
 
 PROHIBITION OF STREET VENDORS PURSUANT TO THIS PARAGRAPH SHALL  ONLY  BE
 EFFECTIVE FOR THE LIMITED DURATION OF THE TEMPORARY SPECIAL PERMIT.
   E.  FOR  THE  PURPOSES  OF THIS SECTION, PERCEIVED COMMUNITY ANIMUS OR
 ECONOMIC COMPETITION SHALL NOT CONSTITUTE AN OBJECTIVE  HEALTH,  SAFETY,
 OR WELFARE CONCERN.
   4. ALL ENFORCEMENT AND INSPECTION OF THIS SECTION SHALL BE CARRIED OUT
 BY  THE  COMMISSIONER  OF  A  CIVILIAN  DEPARTMENT  THAT  IS TASKED WITH
 PROTECTING AND ENHANCING THE DAILY LIVES OF NEW YORKERS TO CREATE THRIV-
 ING COMMUNITIES BY OVERSEEING AND  ENFORCING  KEY  CONSUMER  PROTECTION,
 LICENSING, AND WORKPLACE LAWS IN BUSINESSES ACROSS DOZENS OF INDUSTRIES.
 THE  HEALTH  COMMISSIONER  MAY  DESIGNATE  THE DIRECTOR OF ENVIRONMENTAL
 HEALTH OF SUCH DISTRICT AS AN ADDITIONAL PERSON  AUTHORIZED  TO  ENFORCE
 AND PERFORM INSPECTIONS PURSUANT TO THIS SECTION.
   5.  A.  (I)  A  VIOLATION OF A LOCAL LEGISLATIVE BODY'S STREET VENDING
 PROGRAM THAT COMPLIES WITH SUBDIVISION THREE OF THIS SECTION IS PUNISHA-
 BLE ONLY BY THE FOLLOWING:
   (A) A FINE NOT EXCEEDING ONE HUNDRED DOLLARS FOR A FIRST VIOLATION.
   (B) A FINE NOT EXCEEDING TWO HUNDRED DOLLARS FOR  A  SECOND  VIOLATION
 WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (C)  A  FINE  NOT  EXCEEDING THREE HUNDRED DOLLARS FOR EACH ADDITIONAL
 VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (II) A LOCAL LEGISLATIVE BODY MAY RESCIND A PERMIT ISSUED TO A  STREET
 VENDOR  FOR THE TERM OF THAT PERMIT UPON SERIOUS REPEATED AND PERSISTENT
 VIOLATIONS OF ANY OF THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  AND  AFTER  NOTICE  AND  AN OPPORTUNITY FOR A HEARING HAS BEEN
 PROVIDED BY THE PERMIT-ISSUING OFFICIAL.
   (III) (A) IF A LOCAL LEGISLATIVE BODY REQUIRES A  SIDEWALK  VENDOR  TO
 OBTAIN  A STREET VENDING PERMIT FROM THE LOCAL LEGISLATIVE BODY, VENDING
 WITHOUT A STREET VENDING PERMIT MAY BE PUNISHABLE BY  THE  FOLLOWING  IN
 LIEU OF THE FINES SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH:
   (1) A FINE NOT EXCEEDING TWO HUNDRED DOLLARS FOR A FIRST VIOLATION.
   (2)  A FINE NOT EXCEEDING THREE HUNDRED DOLLARS FOR A SECOND VIOLATION
 WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (3) A FINE NOT EXCEEDING FOUR  HUNDRED  DOLLARS  FOR  EACH  ADDITIONAL
 VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION.
   (B) UPON PROOF OF A VALID PERMIT ISSUED BY THE LOCAL LEGISLATIVE BODY,
 THE  FINES SET FORTH IN THIS PARAGRAPH SHALL BE REDUCED TO THE FINES SET
 FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, RESPECTIVELY.
   B. THE PROCEEDS OF A FINE ASSESSED PURSUANT TO  PARAGRAPH  A  OF  THIS
 SUBDIVISION SHALL BE DEPOSITED IN THE GENERAL FUND OF THE LOCAL LEGISLA-
 TIVE BODY.
   C.  FAILURE  TO PAY A FINE PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL NOT BE PUNISHABLE AS  AN  INFRACTION  OR  MISDEMEANOR.  ADDITIONAL
 FINES, FEES, ASSESSMENTS, OR ANY OTHER FINANCIAL CONDITIONS BEYOND THOSE
 AUTHORIZED IN PARAGRAPH A OF THIS SUBDIVISION SHALL NOT BE ASSESSED.
   D.  (I)  A  VIOLATION  OF  A  LOCAL  LEGISLATIVE BODY'S STREET VENDING
 PROGRAM THAT COMPLIES WITH SUBDIVISION  THREE  OF  THIS  SECTION,  OR  A
 VIOLATION  OF  ANY  RULES  OR REGULATIONS ADOPTED PRIOR TO THE EFFECTIVE
 DATE OF THIS SECTION, THAT REGULATE OR PROHIBIT STREET  VENDORS  IN  THE
 JURISDICTION  OF A LOCAL LEGISLATIVE BODY, SHALL NOT BE PUNISHABLE AS AN
 INFRACTION OR MISDEMEANOR, AND THE PERSON ALLEGED TO HAVE  VIOLATED  ANY
 SUCH  PROVISIONS  SHALL  NOT  BE SUBJECT TO ARREST EXCEPT WHEN PERMITTED
 UNDER LAW.
   (II) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  SUBPARAGRAPH  (I)
 OF THIS PARAGRAPH SHALL APPLY TO ALL PENDING CRIMINAL PROSECUTIONS UNDER
 ANY  LAW,  ORDINANCE  OR  RESOLUTION  REGULATING  OR  PROHIBITING STREET
 S. 1739                             5
 
 VENDORS. ANY SUCH CRIMINAL PROSECUTIONS  THAT  HAVE  NOT  REACHED  FINAL
 JUDGMENT SHALL BE DISMISSED.
   E.  A LOCAL LEGISLATIVE BODY THAT HAS NOT ADOPTED RULES OR REGULATIONS
 BY LAW, ORDINANCE OR RESOLUTION THAT COMPLY WITH SUBDIVISION TWO OF THIS
 SECTION SHALL NOT CITE,  FINE,  OR  PROSECUTE  A  STREET  VENDOR  FOR  A
 VIOLATION  OF  ANY LAW, RULE OR REGULATION THAT IS INCONSISTENT WITH THE
 STANDARDS DESCRIBED IN PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION.
   F. (I) WHEN ASSESSING A FINE PURSUANT TO PARAGRAPH A OF THIS  SUBDIVI-
 SION, THE ADJUDICATOR SHALL TAKE INTO CONSIDERATION THE PERSON'S ABILITY
 TO  PAY  THE  FINE.  THE LOCAL LEGISLATIVE BODY SHALL PROVIDE THE PERSON
 WITH NOTICE OF HIS OR HER RIGHT TO REQUEST  AN  ABILITY-TO-PAY  DETERMI-
 NATION  AND  SHALL  MAKE  AVAILABLE  INSTRUCTIONS OR OTHER MATERIALS FOR
 REQUESTING AN ABILITY-TO-PAY DETERMINATION. THE PERSON  MAY  REQUEST  AN
 ABILITY-TO-PAY  DETERMINATION  AT  ADJUDICATION  OR  WHILE  THE JUDGMENT
 REMAINS UNPAID, INCLUDING WHEN A CASE IS DELINQUENT OR HAS BEEN REFERRED
 TO A COMPREHENSIVE COLLECTION PROGRAM.
   (II) THE LOCAL LEGISLATIVE BODY  MAY  ALLOW  THE  PERSON  TO  COMPLETE
 COMMUNITY  SERVICE IN LIEU OF PAYING THE TOTAL FINE, MAY WAIVE OR REDUCE
 THE FINE, OR MAY OFFER AN ALTERNATIVE DISPOSITION.
   G. (I) A  PERSON  WHO  IS  CURRENTLY  SERVING,  OR  WHO  COMPLETED,  A
 SENTENCE, OR WHO IS SUBJECT TO A FINE, FOR A CONVICTION OF A MISDEMEANOR
 OR INFRACTION FOR STREET VENDING, WHETHER BY TRIAL OR BY OPEN OR NEGOTI-
 ATED  PLEA,  WHO  WOULD  NOT HAVE BEEN GUILTY OF SUCH OFFENSE UNDER THIS
 SECTION HAD THIS SECTION BEEN IN EFFECT AT THE TIME OF THE OFFENSE,  MAY
 PETITION  FOR  DISMISSAL OF THE SENTENCE, FINE, OR CONVICTION BEFORE THE
 TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN HIS OR HER CASE.
   (II) UPON RECEIVING A PETITION UNDER SUBPARAGRAPH (I)  OF  THIS  PARA-
 GRAPH,  THE COURT SHALL PRESUME THE PETITIONER SATISFIES THE CRITERIA IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH UNLESS THE PARTY OPPOSING  THE  PETI-
 TION  PROVES  BY  CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER DOES
 NOT SATISFY THE CRITERIA. IF THE PETITIONER SATISFIES  THE  CRITERIA  IN
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, THE COURT SHALL GRANT THE PETITION
 TO DISMISS THE SENTENCE OR FINE, IF APPLICABLE, AND DISMISS AND SEAL THE
 CONVICTION, BECAUSE THE  SENTENCE,  FINE,  AND  CONVICTION  ARE  LEGALLY
 INVALID.
   (III)  UNLESS  REQUESTED BY THE PETITIONER, NO HEARING IS NECESSARY TO
 GRANT OR DENY A PETITION FILED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (IV) IF THE COURT THAT ORIGINALLY SENTENCED OR IMPOSED A FINE  ON  THE
 PETITIONER IS NOT AVAILABLE, THE PRESIDING JUDGE SHALL DESIGNATE ANOTHER
 JUDGE TO RULE ON THE PETITION.
   (V)  NOTHING IN THIS PARAGRAPH IS INTENDED TO DIMINISH OR ABROGATE ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER.
   (VI) NOTHING IN THIS PARAGRAPH OR RELATED PROVISIONS  IS  INTENDED  TO
 DIMINISH  OR  ABROGATE THE FINALITY OF JUDGMENTS IN ANY CASE NOT FALLING
 WITHIN THE PURVIEW OF THIS SECTION.
   § 3. Subparagraph (vi) of paragraph (k) of subdivision  3  of  section
 160.50  of  the  criminal procedure law is renumbered subparagraph (vii)
 and a new subparagraph (vi) is added to read as follows:
   (VI) THE CONVICTION WAS FOR AN OFFENSE DEFINED IN  SUBCHAPTER  TWO  OF
 CHAPTER  THREE  OF TITLE SEVENTEEN OR SUBCHAPTER TWENTY-SEVEN OF CHAPTER
 TWO OF TITLE TWENTY OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK;
 OR
   §  4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
 procedure law, as amended by chapter 92 of the laws of 2021, is  amended
 to read as follows:
 S. 1739                             6
 
   (k)  The  judgment occurred prior to the effective date of the laws of
 two thousand [twenty-one] TWENTY-THREE that amended this  paragraph  and
 is  a  conviction  for an offense as defined in subparagraphs (i), (ii),
 (iii) [or], (iv) AND (VI) of  paragraph  (k)  of  subdivision  three  of
 section  160.50 of this part, in which case the court shall presume that
 a conviction by plea for the aforementioned offenses  was  not  knowing,
 voluntary  and  intelligent  if  it  has severe or ongoing consequences,
 including but not limited to  potential  or  actual  immigration  conse-
 quences,  and  shall presume that a conviction by verdict for the afore-
 mentioned  offenses  constitutes  cruel  and  unusual  punishment  under
 section  five  of  article one of the state constitution, based on those
 consequences. The people may rebut these presumptions.
   § 5. Section 436 of the New York city charter, as amended by local law
 number 102 of the city of New York for the year 1977, is amended to read
 as follows:
   § 436.  Powers over certain trades.   The commissioner  shall  possess
 powers  of general supervision and inspection over all licensed or unli-
 censed pawnbrokers, [vendors,] junkshop keepers,  junk  boatmen,  [cart-
 men,]  dealers  in  second-hand  merchandise  and auctioneers within the
 city; and in connection with the performance of  any  police  duties  he
 shall have power to examine such persons, their clerks and employees and
 their books, business premises, and any articles of merchandise in their
 possession.    A  refusal  or  neglect to comply in any respect with the
 provisions of this section on the  part  of  any  pawnbroker,  [vendor,]
 junkshop keeper, junk boatman, [cartman,] dealer in second-hand merchan-
 dise  or  auctioneer,  or  any clerk or employee of any thereof shall be
 triable by a judge of the criminal court and punishable by not more than
 thirty days' imprisonment, or by a fine of not more than fifty  dollars,
 or both.
   § 6. Subdivision a of section 17-311 of the administrative code of the
 city  of New York, as amended by local law number 108 of the city of New
 York for the year 2017, is amended to read as follows:
   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 OTHER THAN A POLICE OFFICER.
   § 7. Sections 17-313 and 17-322 of the administrative code of the city
 of New York are REPEALED.
   § 8. Subdivision b of section 17-314 of the administrative code of the
 city  of  New York, as amended by local law number 15 of the city of New
 York for the year 1995, is amended to read as follows:
   b. Provide to the commissioner or  any  other  authorized  officer  or
 employee  of  the  city,  OTHER THAN A POLICE OFFICER, 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;
   § 9. Subdivision j of section 17-315 of the administrative code of the
 city of New York is amended to read as follows:
   j.  Where  exigent circumstances exist and [a police officer or other]
 AN authorized officer or employee of the city, OTHER THAN A POLICE OFFI-
 CER, 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,
 S. 1739                             7
 
 demonstration,  or  other  such  event  or  occurrence  at  or near such
 location.
   §  10.  Section  17-321  of the administrative code of the city of New
 York, subdivision c as amended by local law number 9 of the city of  New
 York  for  the  year 2008, subdivision d as amended by chapter 11 of the
 laws of 2004, subdivision e as amended by local law  number  18  of  the
 city of New York for the year 2021, is amended to read as follows:
   § 17-321 Enforcement. a. Public health sanitarians or other authorized
 officers  or  employees of the department [and], OTHER THAN police offi-
 cers, 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, OTHER
 THAN A POLICE OFFICER.
   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] AN authorized officer
 or employee of the city, OTHER THAN A POLICE OFFICER, 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, OTHER THAN A POLICE OFFICER, 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 reason-
 able 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  depart-
 ment],  OTHER  THAN  A  POLICE OFFICER, 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
 S. 1739                             8
 
 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, OTHER THAN A POLICE
 OFFICER, 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  OF
 THIS SUBCHAPTER.
   § 11. Subdivision a and paragraph 1 of subdivision c of section 17-325
 of  the  administrative  code  of  the  city of New York, paragraph 1 of
 subdivision c as amended by local law 80 of the city of New York for the
 year 2021, are amended to read as follows:
   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  misdemeanor,]
 LIABLE ONLY FOR A CIVIL VIOLATION punishable by a fine of not [less than
 one  hundred  fifty  dollars  nor] more than [one thousand dollars,] two
 hundred fifty dollars [or by imprisonment for not more than three months
 or by such fine and imprisonment].
   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  of
 this  subchapter  shall  be liable for ONLY a civil penalty of not [less
 than one hundred fifty dollars nor]  more  [than  one  thousand  dollars
 together  with  a  penalty  of one hundred dollars per day for every day
 during which the unlicensed business operated] THAN  TWO  HUNDRED  FIFTY
 DOLLARS.
   §  12.  Section 17-325.1 of the administrative code of the city of New
 York, as added by local law number 19 of the city of New  York  for  the
 year 1994, is amended to read as follows:
   §  17-325.1 Failure to display and produce license or permit; presump-
 tive evidence of unlicensed or unpermitted activity. a. In any civil [or
 criminal] 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 sani-
 tarian or other authorized officer or  employee  of  the  department  or
 other  city  agency,  OTHER  THAN A POLICE OFFICER, shall be presumptive
 evidence that such food vendor is not duly licensed.
   b. In any civil [or criminal] 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.
   §  13.  Subdivision  a of section 20-461 of the administrative code of
 the city of New York is amended to read as follows:
   a. Each general vendor shall carry his or her license on  his  or  her
 person  and  it  shall be exhibited upon demand to any [police officer,]
 authorized officer or employee of the department or other  city  agency,
 OTHER THAN A POLICE OFFICER.
 S. 1739                             9
 
   §  14.  Sections  20-463  and 20-474 of the administrative code of the
 city of New York are REPEALED.
   §  15.  Subdivisions  a  and b of section 20-464 of the administrative
 code of the city of New York, subdivision b as amended by local law  112
 of  the  city  of  New  York  for  the year 1989, are amended to read as
 follows:
   a. Permit regular inspections by the department or any authorized city
 agency, OTHER THAN THE POLICE DEPARTMENT, of any goods,  vehicle,  push-
 cart  or stand used in the operation of the vending business, and of any
 premises used by him or her for the  storage  or  preparation  of  goods
 intended to be vended in such business;
   b. Provide to the commissioner, or other authorized officer or employ-
 ee of a city agency, OTHER THAN A POLICE OFFICER, requesting such infor-
 mation,  on a semi-annual basis, or more often if required by regulation
 promulgated by the Commissioner, the address and name of the  owners  or
 the  manufacturers,  suppliers  or  distributors  from whom the licensee
 receives his or her goods and also the address  at  which  the  licensee
 stores  his  or  her goods or any vehicle, pushcart or stand used in the
 operation of the vending business;
   § 16. Subdivision k of section 20-465 of the  administrative  code  of
 the city of New York is amended to read as follows:
   k.  Where  exigent circumstances exist and [a police officer or other]
 AN authorized officer or employee of  any  city  agency,  OTHER  THAN  A
 POLICE  OFFICER,  gives  notice  to a general vendor to temporarily move
 from any location such general vendor shall not vend from such location.
 For the  purposes  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, an accident,
 fire or other emergency situation, a parade, demonstration or other such
 event or occurrence at or near such location.
   § 17. Subdivisions a and b of section  20-468  of  the  administrative
 code of the city of New York are amended to read as follows:
   a.  Authorized  officers, OTHER THAN POLICE OFFICERS, and employees of
 the department [and members of the police  department]  shall  have  the
 power  to  enforce  all  laws, rules and regulations relating to general
 vendors.  This provision shall in no way restrict any other power grant-
 ed by law to an officer or employee  of  any  city  agency,  OTHER  THAN
 POLICE OFFICERS.
   b.  If a general vendor does not move his or her goods, vehicle, push-
 cart or stand when directed to do so by [a police officer or  other]  AN
 authorized officer or employee of the city, OTHER THAN A POLICE OFFICER,
 in  compliance  with  the  provisions of subdivision k of section 20-465
 such officer or employee is authorized to provide  for  the  removal  of
 such  goods,  vehicle, pushcart or stand to any garage, automobile pound
 or other place of safety, and the owner or other person  lawfully  enti-
 tled  to the possession of such vehicle, pushcart, stand or goods may be
 charged with reasonable costs for removal and storage payable  prior  to
 the release of such goods, vehicle, pushcart or stand.
   §  18. Subdivisions c, d, e, and f of subdivision 20-468 of the admin-
 istrative code of the city of New York are REPEALED.
   § 19. Section 20-472 of the administrative code of  the  city  of  New
 York, subdivision a as amended by local law number 63 of the city of New
 York  for the year 1990, subdivision b as amended by local law number 38
 of the city of New York for the year 2013, subdivision c as  amended  by
 local  law  number  80  of  the  city of New York for the year 2021, and
 S. 1739                            10
 
 subdivision e as amended by local law number 14 of the city of New  York
 for the year 1995, is amended to read as follows:
   §  20-472  Penalties.  a.  Any  person  who violates the provisions of
 sections 20-453 and 20-474.1 of this subchapter shall be  [guilty  of  a
 misdemeanor]  LIABLE  FOR ONLY A CIVIL VIOLATION punishable by a fine of
 not [less] MORE than two hundred fifty dollars [nor more than one  thou-
 sand  dollars,  or  by imprisonment for not more than three months or by
 both such fine and imprisonment. In addition,  any  police  officer  may
 seize  any  vehicle  used  to transport goods to a general vendor, along
 with the goods contained therein, where the driver is  required  to  but
 cannot  produce  evidence  of  a  distributor's license. Any vehicle and
 goods so seized may be subject to forfeiture upon  notice  and  judicial
 determination. If a forfeiture proceeding is not commenced, the owner or
 other  person  lawfully entitled to possession of such vehicle and goods
 may be charged with the reasonable cost for removal and storage  payable
 prior  to  the  release  of such vehicle and goods, unless the charge of
 unlicensed distributing has been dismissed].
   b. Except as provided in subdivision a of this section, a  person  who
 violates  any  provision of this subchapter or any of the rules or regu-
 lations promulgated hereunder shall be guilty of an  offense  punishable
 by the court as follows:
   1.  For  the  first violation, a fine of not less than twenty-five nor
 more than fifty dollars.
   2. For the second violation issued for the same offense within a peri-
 od of two years of the date of a first violation, a  fine  of  not  less
 than fifty dollars nor more than one hundred dollars.
   3.  For  a third violation issued for the same offense within a period
 of two years of the date of a first violation, a fine of not  less  than
 one hundred dollars nor more than two hundred [and] fifty dollars.
   4.  For any subsequent violations issued for the same offense within a
 period of two years of the date of a first violation, a penalty  of  not
 more than five hundred dollars.
   c.  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 section 20-453 of this subchapter shall be
 liable for a civil penalty of two hundred fifty dollars together with  a
 penalty  of two hundred fifty dollars 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 section 20-453
 of this subchapter 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 one thousand dollars  together  with  a
 penalty  of two hundred fifty dollars per day for every day during which
 the unlicensed business operated.
   2.] In addition to the penalties prescribed by subdivision b  of  this
 section,  any person who violates any of the provisions of this subchap-
 ter, other than section 20-453, 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 twenty-five dollars.
   (b)  For  the  second  violation  issued for the same offense within a
 period of two years of the date of a first violation, a penalty of fifty
 dollars.
   (c) For the third violation issued for the same offense within a peri-
 od of two years of the date of a first violation, a penalty of NOT  LESS
 THAN one hundred dollars NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
 S. 1739                            11
 
   (d) For any subsequent violations issued for the same offense within a
 period  of two years of the date of a first violation, a penalty of [two
 hundred and fifty] NOT MORE THAN FIVE HUNDRED dollars.
   [3.]  2.  Notwithstanding  any inconsistent provision of this subdivi-
 sion, a person shall be subject to a civil penalty of zero dollars for a
 first violation of subdivision b of section 20-461 of this subchapter or
 any rule or regulation promulgated thereunder. The notice  of  violation
 for such first violation shall inform the respondent of the provision of
 law  or  rule  that the department believes the respondent has violated,
 describe the condition or activity that is the basis for the  notice  of
 violation,  and  advise  the  respondent  that  the law authorizes civil
 penalties for such violation and that subsequent violations  may  result
 in  the  imposition  of  such  civil  penalties. Any person who violates
 subdivision b of section 20-461 OF THIS SUBCHAPTER or any rule or  regu-
 lation  promulgated  thereunder  shall  be subject to a civil penalty of
 twenty-five dollars for a second violation and a civil penalty of  fifty
 dollars for a third or subsequent violation.
   d.  A  proceeding  to recover any civil penalty authorized pursuant to
 the provisions of subdivision c of this section shall  be  commenced  by
 the  service  of  a notice of violation which shall be returnable to the
 environmental control board. The board shall have the  power  to  impose
 the penalties prescribed by subdivision c of this section.
   e.  Any  person  who  violates  the  provisions of sections 20-465 and
 20-465.1 of this subchapter and any rules promulgated  thereunder  shall
 be  [guilty of a misdemeanor] LIABLE FOR ONLY A CIVIL VIOLATION punisha-
 ble by a fine of not more than [five hundred dollars, or by imprisonment
 for not more than thirty days or by both such fine and imprisonment] TWO
 HUNDRED FIFTY DOLLARS.
   § 20. Section 20-474.3 of the administrative code of the city  of  New
 York,  as  added  by local law number 19 of the city of New York for the
 year 1994, is amended to read as follows:
   § 20-474.3 Failure to produce license; presumptive evidence  of  unli-
 censed  activity.  a.  In  any civil [or criminal] action or proceeding,
 failure by a general vendor who is required to be licensed  pursuant  to
 the  provisions  of  this  subchapter  to  exhibit upon demand a general
 vendor's license in accordance with the provisions of this subchapter to
 any [police officer or] authorized officer or employee of the department
 or other city agency, OTHER THAN A POLICE OFFICER, shall be  presumptive
 evidence that such general vendor is not duly licensed.
   b.  In  any  civil  [or criminal] action or proceeding, failure by any
 person who is required to obtain a distributor's license pursuant to the
 provisions of this subchapter, or failure by the driver of such  person,
 to  exhibit  upon  demand a distributor's license in accordance with the
 provisions of this subchapter to  any  [police  officer  or]  authorized
 officer or employee of the department or other city agency, OTHER THAN A
 POLICE  OFFICER,  shall  be presumptive evidence that such person is not
 duly licensed.
   § 21. This act shall take effect immediately.