1st Amendment Vending, NYC

Current vending laws

{NO note: The vending laws do not exist in single place. This is the relevant section as it was originally written. Through subsequent court rulings, the interpretation of this version of the general vending law has been updated from time to time.}

{RL NOTE: the vending law always refers to artists as general vendors. While we are 100% exempt from any license or permit and are exempt from many of the street restrictions,
the restrictions on the placement of a stand do apply to us.}

20-465 Restrictions on the placement of vehicles, pushcarts and
stands; vending in certain areas prohibited.

a. No general vendor shall
engage in any vending business on any sidewalk unless such sidewalk has
at least a twelve-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. In no event
shall any pushcart or stand be placed on any part of a sidewalk other
than that which abuts the curb.

b. No general vendor 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 general vendor operating any vending business on
any sidewalk shall occupy more than three linear feet to be measured
from the curb toward the property line.

c. 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.

d. 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 building, store, theatre, movie
house, sports arena or other place of public assembly.
e. No general vendor shall vend within any bus stop or taxi stand, or
within ten feet of any driveway, any subway entrance or exit, or any
corner. For purposes of this subdivision, 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.

f. Each general vendor 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 general
vendor vend so as to restrict the continued maintenance of a clear
passageway for vehicles.

g. (1) No general vendor shall vend on any street which is in a C4,
C5, or C6 zoning district, or 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, except that
as chairperson of the street vendor review panel established pursuant to
section 20-465.1 of this subchapter, the commissioner of the department
of small business services or his or her designee may receive
applications from any person, group, organization or other entity to
permit general vendors on any street within said area or said zones, or
to prohibit general vendors on any other street. Such applications shall
be considered by the street vendor review panel in accordance with the
procedures enumerated in section 20-465.1 of this subchapter.
(2) No general vendor shall vend on any street which is 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.

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i. No general vendor shall vend on the median strip of a divided
roadway unless such strip is intended for use as a pedestrian mall or
plaza.

j. No general vendor shall vend within the geographical areas under
the jurisdiction of the department of parks and recreation unless
written authorization therefor has been obtained from the commissioner
of such department, but nothing therein contained shall exempt any
general vendor from obtaining a license in accordance with this subchapter.

k. Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency 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.

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m. No general vendor shall vend over any ventilation grill, cellar door, manhole, transformer vault, or subway access grating.

n. No general vendor 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 general vendor 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 section. No general vendor shall use any area other than that area immediately beneath the surface of the display space for the storage of items for sale.

o. No general vendor shall sell or offer for sale any item directly from any parked or double parked motor vehicle. p. No general vendor shall use electricity, electrical generating equipment or oil or gasoline powered equipment, devices or machinery of any kind.

q. No general vendor shall vend: 1. within twenty feet from sidewalk cafes; 2. within five feet from (a) bus shelters, (b) newsstands, (c) public telephones or (d) disabled access ramps; and 3. within ten feet from entrances or exits to buildings which are exclusively residential at the street level.