What's happening
This bill establishes a vendor policy commission in large cities to review, recommend, and regulate street and food vendor laws.
Why it matters
Brings together diverse stakeholders. The commission will include city officials from multiple departments, plus representatives from street vendors, business improvement districts, chambers of commerce, and immigrant advocacy groups, ensuring a broad range of interests and perspectives shape vending policy.
Targets key street vending issues. The commission is charged with studying and making recommendations on contentious topics like lifting caps on vendor permits, penalizing illegal permit rentals, regulating vendor locations to reduce congestion, and implementing a letter grading system for food vendors—issues that affect both vendors and local communities.
Aims for fairer enforcement and conflict resolution. By recommending reduced fines for minor violations and focusing on serious health, safety, and traffic issues, as well as creating mediation processes between vendors and nearby businesses, the bill seeks to address longstanding tensions and promote fairer, less punitive treatment of street vendors.
Empowers ongoing regulatory change. The commission won’t just make one-time recommendations; it gains authority to continually propose, amend, and help implement rules affecting street vending, giving cities a way to adapt to changing needs and conditions over time.
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Who cares
Headline styles
Create Street Vendor Commissions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
331
2017-2018 Regular Sessions
IN SENATE (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 Assembly, 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 recommendations 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 membership;
(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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.