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SECTION 35-A
Veterans of the armed forces who vend in cities having a population of one million or more
General Business (GBS) CHAPTER 20, ARTICLE 4
§ 35-a. Veterans of the armed forces who vend in cities having a
population of one million or more. Subject to the provisions of this
section but notwithstanding any inconsistent provisions of any general,
special or local law:

1. (a) In cities having a population of one million or more, the
official designated by a local law or ordinance to issue a local license
to hawk, peddle, vend and sell goods, wares or merchandise or solicit
trade upon the streets and highways within such city shall issue
specialized vending licenses to members of the armed forces of the
United States who (i) were honorably discharged from such service, or
(ii) have a qualifying condition, as defined in section three hundred
fifty of the executive law, and received a discharge other than bad
conduct or dishonorable from such service, or (iii) are a discharged
LGBT veteran, as defined in section three hundred fifty of the executive
law, and received a discharge other than bad conduct or dishonorable
from such service, and who are physically disabled as a result of
injuries received while in the service of said armed forces and who are
eligible to hold licenses granted pursuant to section thirty-two of this
article. Such specialized vending licenses shall authorize holders
thereof to hawk or peddle within such city in accordance with the
provisions contained in this section. Specialized vending licenses
issued under this section shall permit the holders thereof to vend on
any block face, and no licensee authorized under this section shall be
restricted in any way from vending in any area, except as provided in
this section.

(b) The official in such city responsible for issuing specialized
vending licenses shall set forth by rule procedures for issuing
specialized vending licenses pursuant to this section; such rules shall
establish a priority system, based upon the date of application for
specialized vending licenses issued pursuant to this section, provided,
however, that any disabled veteran vendor holding a specialized vending
license issued in such city prior to March first, two thousand three,
shall be accorded a priority based upon the date of issuance of such
specialized vending license.

2. In areas where general vending is authorized, outside of the area
specified in subdivision seven of this section, all specialized vending
license holders, including those vendors authorized to vend in the area
specified in subdivision seven of this section, shall be subject to
those restrictions on the placement of vehicles, pushcarts and stands
contained in any local law, ordinance, by-law, rule or regulation of a
city having a population of one million or more, to the extent that such
restrictions are not inconsistent with the provisions contained in
subdivisions four, five, six and eight of this section.

3. Specialized vending licenses issued pursuant to this section shall
authorize the holders thereof to vend on block faces, outside the area
specified in subdivision seven of this section, on the days and at the
times when other vending businesses have been prohibited on such block
faces pursuant to any local law, ordinance, by-law, rule or regulation.
Not more than two such specialized vending licensees shall be authorized
pursuant to this subdivision per restricted block face, provided that no
restriction shall apply to such licensees when vending on such block
faces except as provided in paragraphs (e), (g), (h), (i), (j), (k) and
(l) of subdivision seven of this section; and provided further no
specialized vending licensee shall vend on any sidewalk unless such
sidewalk has at least a ten-foot wide clear pedestrian path to be
measured from the boundary of any private property to any obstructions
in or on the sidewalk, or if there are no obstructions, to the curb.
Where three or more specialized vending license holders attempt to vend
simultaneously on the same block face, the two specialized vending
license holders with the higher priority, as established pursuant to
paragraph (b) of subdivision one of this section, shall have the
exclusive right to vend on such block face, and any other specialized
vending license holder vending on such block face shall be deemed to be
vending without first having obtained a license.

4. Where exigent circumstances exist, a police officer of the city may
order a specialized vending license holder to temporarily move from a
location; for purposes of this subdivision, "exigent circumstances"
shall mean an immediate threat to public safety caused by unusual and
severe pedestrian congestion due to an impediment other than the
specialized vending license holder, or by an accident, fire, parade,
demonstration or other emergency situation. Nothing herein shall be
construed to limit such city's authority to place restrictions on
vending in order to protect national security.

5. Specialized vending licenses to vend shall be accompanied by a
photographic color coded identification which shall include the priority
number established pursuant to paragraph (b) of subdivision one of this
section, and shall be displayed by such specialized vending license
holder.

6. Specialized vending licenses to vend shall not be loaned, leased,
subcontracted or otherwise transferred except:

(a) Upon the death of the disabled veteran who held the license, the
license shall be transferred by operation of law to the surviving spouse
or, if there is no surviving spouse or the surviving spouse elects not
to use the license, to the guardian of a minor child or children who may
use the license for the support of the minor child or children. The
license shall revert to the licensing agency for reassignment upon the
death of the surviving spouse, if the surviving spouse remarries, when
the youngest minor child reaches age eighteen, or when either the
surviving spouse or guardian of the minor child or children elects not
to use the license to vend in the city of New York or abandons the use
of the license. Temporary periods when the spouse or guardian do not
vend shall not cause the license to revert to the licensing agency in
the absence of other evidence of an intent to abandon the use of the
license; a period of six months or more in which the holder of the
license does not vend shall create a rebuttable presumption that the
spouse or guardian has abandoned the use of the license; and

(b) If the veteran who holds the license becomes totally and
permanently disabled, the holder of the license may transfer it to the
holder's spouse or, if the veteran has no spouse, to an adult child if
the child assumes the duty to support the veteran. The license shall
revert to the licensing agency when: (1) the veteran who held the
license immediately before the transfer dies; (2) the spouse dies or
divorces the veteran who held the license immediately before the
transfer; or (3) the child to whom the license is transferred dies or
renounces the obligation to support the veteran who held the license
immediately before the transfer.

7. In the borough of Manhattan in the city of New York in the area
bounded on the east by Second avenue, on the south by Thirtieth street,
on the west by Ninth avenue and Columbus avenue and on the north by
Sixty-fifth street, the following additional provisions shall apply to
the issuance of specialized vending licenses to disabled veteran vendors
pursuant to this section:

(a) such specialized vending license holders shall be prohibited from
vending on Second avenue, Third avenue, Lexington avenue, Park avenue,
Vanderbilt avenue, Madison avenue, Fifth avenue, Sixth avenue, Seventh
avenue, Broadway, Eighth avenue, Amsterdam avenue, Ninth avenue,
Columbus avenue, Thirty-fourth street between Lexington avenue and
Seventh avenue, Forty-second street between Lexington avenue and Eighth
avenue, Forty-ninth street between Lexington avenue and Seventh avenue,
Fiftieth street between Lexington Avenue and Seventh avenue and
Fifty-seventh street between Lexington Avenue and Seventh avenue;

(b) there shall be a limit of one authorized specialized vending
license holder per block face;

(c) there shall be a limit of one hundred five specialized vending
license holders authorized to vend within the area at any one time to be
allocated as follows: sixty upon the effective date of the chapter of
the laws of two thousand four which amended this paragraph, an
additional fifteen commencing three months from the effective date of
the chapter of the laws of two thousand four which amended this
paragraph, and an additional ten in each of the succeeding three years
commencing on January thirty-first, two thousand five;

(d) the rule set forth pursuant to paragraph (b) of subdivision one of
this section shall establish, pursuant to the priority system,
procedures for issuing specialized vending licenses pursuant to
paragraph (c) of this subdivision; any dispute regarding the
implementation of such procedure shall be subject to a prompt hearing
before an administrative law judge with the New York state department of
labor, provided that if such judge determines that a specialized vending
license holder willfully violated such procedure, such specialized
vending license holder shall be subject to a thirty day suspension of
the specialized vending license to peddle in the area described in this
subdivision; if any specialized vending license holder who has been
determined to have willfully violated such procedure is determined, in a
subsequent proceeding, to have willfully violated such procedure at any
time following the initial violation, such specialized vending license
holder shall be subject to a one-year suspension of the specialized
vending license to peddle in the area described in this subdivision; if
such specialized vending license holder is determined for a third time
to have willfully violated such procedure, such specialized vending
license holder shall be subject to permanent revocation of the
specialized vending license to peddle in the area described in this
subdivision;

(e) specialized vending licensees under this section shall:

(i) permit regular inspections by the official in such city
responsible for issuing specialized vending licenses or any authorized
city agency of any goods, vehicle, pushcart, or stand used in the
operation of the vending business, or any premises used by him or her
for the storage or preparation of goods intended to be vended in such
business; and

(ii) provide the official in such city responsible for issuing
specialized vending licenses or other authorized officer of the city on
a semi-annual basis, or more often if required by local law, by-law or
regulation in such city, the address and name of the owners or the
manufacturers, suppliers or distributors from whom the specialized
vending licensee receives his or her goods and also the address at which
the specialized vending licensee stores his or her goods or any vehicle,
pushcart or stand used in the operation of the vending business;

(f) no specialized vending licensee shall vend on any sidewalk unless
such sidewalk is at least ten feet in width;

(g) no vending vehicle, pushcart, stand, goods, or any other item
related to the operation of a vending business shall touch, lean against
or be affixed permanently or temporarily to 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, refuse baskets or traffic barriers;

(h) no vending pushcart, stand or goods shall be located against
display windows of fixed location businesses, nor shall they be within
twenty feet from an entranceway to any commercial building or store,
measured as a radius extending from the center of the doorway, except
where such doorways are within forty feet from each other, and in such
case a vending pushcart, stand or goods shall be an equal distance from
the center of the doorway of each such commercial business or store at
the furthest possible distance on the sidewalk from the building line,
and no vending pushcart, stand or goods shall be within sixty-five feet
of the entranceway to any theater, movie house, indoor sports arena, or
place of worship or school, measured as a radius extending from the
center of such entranceway;

(i) no specialized vending licensee shall occupy more than eight
linear feet of public space parallel to the curb in the operation of a
vending business and, in addition, no specialized vending licensee
operating any vending business on any sidewalk shall occupy more than
three linear feet to be measured from the curb toward the property line;

(j) each specialized vending licensee who vends from a pushcart or
stand 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 specialized vending licensee restrict the continued maintenance of a
clear passageway for vehicles;

(k) no specialized vending licensee shall vend using the surface of
the sidewalk, or a blanket or board placed immediately on the sidewalk
or on top of a trash receptacle or cardboard boxes to display
merchandise. No specialized vending licensee display may exceed five
feet in height from ground level. The display may not be less than
twenty-four inches above the sidewalk where the display surface is
parallel to the sidewalk, and may not be less than twelve inches above
the sidewalk where the display surface is vertical. Where a rack or
other display structure is placed on top of or above a table or other
base, the size of the base shall not be less than the size of the
display structure placed thereon. Nothing shall be placed on the base so
as to exceed the size limitations contained in this paragraph. No
specialized vending licensee shall use any area other than that area
immediately beneath the surface of the display space of the storage of
items for sale; and

(l) no specialized vending licensee shall:

(i) vend within any bus stop or taxi stand or within ten feet of any
driveway, any subway entrance or exit or any corner; provided, however,
for the purpose of this subparagraph, ten feet from any corner shall be
measured from a point where the property line on the nearest
intersecting block face, when extended, meets the curb, except when
noncompliance with the ten foot limitation of this paragraph is due to
the placement of an obstruction. In such case the specialized vending
licensee may vend within ten feet; provided, however, that such licensee
must vend as far as possible from the nearest such driveway, subway
entrance or exit, or corner, and in no event within five feet of such
driveway, subway entrance or exit, or corner;

(ii) vend on the median strip of a divided roadway unless such strip
is intended for use as a pedestrian mall or plaza;

(iii) vend over any ventilation grill, cellar door, manhole,
transformer vault, or subway access grating;

(iv) sell or offer for sale any item directly from any parked or
double-parked motor vehicle;

(v) use electricity or oil or gasoline powered equipment devices or
machinery of any kind; provided, however, that such specialized vending
license holder shall be authorized to use self-contained battery packs
not exceeding sixteen volts in total solely to provide lighting for
their vending business;

(vi) vend within thirty feet of an entrance to a park or within a park
under the jurisdiction of the agency in such city that is responsible
for such city's parks and recreational areas unless written
authorization therefor has been obtained from such agency;

(vii) vend within twenty feet of a sidewalk cafe;

(viii) vend within five feet from bus shelters, news stands, public
telephones, or disabled access ramps; and

(ix) vend within ten feet from entrances or exits to buildings which
are exclusively residential at street level.

7-a. In the borough of Manhattan in the city of New York, the
following additional provisions shall apply to the issuance of
specialized vending licenses to disabled veteran vendors pursuant to
this section:

(a) such specialized vending license holders shall additionally be
prohibited from vending on Broadway between Murray Street and Battery
Place and on Park Row between Ann Street and Spruce Street;

(b) such specialized vending license holders shall additionally be
prohibited from vending 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.

8. Any dispute concerning the location of a vendor under subdivision
three of this section shall be subject to a prompt hearing before an
administrative law judge with the New York state department of labor,
provided that if such judge determines that a specialized vending
license holder willfully violated such procedure, such specialized
vending license holder shall be subject to a thirty day suspension of
the specialized vending license to peddle in the area and on the days
and at the times described in subdivision three of this section; if any
specialized vending license holder who has been determined to have
willfully violated such procedure is determined, in a subsequent
proceeding, to have willfully violated such procedure at any time
following the initial violation, such specialized vending license holder
shall be subject to a one-year suspension of the specialized vending
license to peddle in the area and on the days and at the times described
in subdivision three of this section; if such specialized vending
license holder is determined for a third time to have willfully violated
such procedure, such specialized vending license holder shall be subject
to permanent revocation of the specialized vending license to peddle in
the area and on the days and at the times described in subdivision
three of this section; other disputes arising under this section, other
than those disputes arising under paragraph (d) of subdivision seven of
this section, shall be adjudicated in accordance with local laws,
ordinances, by-laws or regulations concerning general vending.

9. There shall be established within the agency responsible for
issuing specialized vending licenses in such city an advisory committee
consisting of up to six disabled veteran vendors who shall consult with
the official designated to issue specialized vending licenses under this
section concerning the process by which specialized vending licenses are
issued and the restrictions herein are enforced. The members of such
committee shall be elected on or before August first, nineteen hundred
ninety-eight by a majority of the disabled veteran vendors holding
general vending licenses in such city as of August fifteenth, nineteen
hundred ninety-eight. The election of such members shall be by an
election which shall be conducted by the state department of labor;
provided, however, that if the majority of such disabled veteran vendors
holding general vendor licenses in such city as of June fifteenth,
nineteen hundred ninety-eight fail to select the members of such
committee on or before August second, nineteen hundred ninety-eight, the
agency responsible for issuing specialized vending licenses in such city
may still establish procedures for issuing specialized vending licenses
pursuant to this section no later than October first, nineteen hundred
ninety-eight. In the event a committee member resigns or is unable to
fulfill his or her duties, such member will be replaced by someone from
the ranks of the disabled veteran vendors by consensus of veterans on
the existing committee.

10. The agency responsible for issuing specialized vending licenses
shall publish educational materials describing the provisions of state
and local laws, rules and regulations governing disabled veteran vending
in the city of New York and enforcement thereof for distribution to the
public and appropriate city enforcement agencies.

11. Where the city of New York authorizes general vending, through
permit, auction, lottery or any other method subsequent to the effective
date of this subdivision other than temporary general vendor licenses
issued in connection with street fairs on any block face, street or
avenue specified in paragraph (a) of subdivision seven or subdivision
seven-a of this section, the prohibitions and restrictions in this
section on vending by specialized vending licensees shall not apply on
such block face, street or avenue and the number of specialized vending
licensees authorized per block face, street or avenue shall, at a
minimum, be equal to the greatest number of any single type of other
vendor including but not limited to food, general, or vendors of written
matter and others similarly situated on such block face, street or
avenue.