Under current law, a mobile food vending permit may, at the discretion of DOHMH, be transferred to a dependent spouse, domestic partner or child and general vending licenses may not ever be transferred. This bill would provide that both mobile food vendor permits and general vendor licenses shall, as of right, be transferrable to a dependent spouse, domestic partner or child upon the death or incapacitation of the permit or license holder.
- Filed (End of Session)
History
Int. No. 832
By Council Members Chin, Levine, Ayala, Rivera and Yeger
A Local Law to amend the administrative code of the city of New York, in relation to allowing ill or incapacitated street vendors to transfer their license to a family member
Be it enacted by the Council as follows:
Section 1. Paragraph 1 of subdivision d of section 17-314.1 of subchapter 2 of chapter 3 of title 17 of the administrative code of the city of New York is amended to read as follows:
1. the commissioner may[, in his or her discretion,] transfer a permit to a dependent husband, wife, domestic partner or child of [an incapacitated or deceased] a person to whom the permit was issued under this subchapter who is deceased, becomes incapacitated or is unable to vend due to a medical condition or illness. A permitee who seeks to transfer his or her permit as such, must submit a request to the commissioner. If such permitee is deceased or incapacitated, the request may be submitted by an agent, domestic partner, child or spouse of such permitee. The commissioner shall approve such transfer where the permitee, or permitee’s agent, domestic partner, child or spouse has proven, in a manner to be determined by the commissioner, that: such permitee is deceased, incapacitated or unable to vend due to a medical condition or illness; and (ii) the prospective transferee is a dependent domestic partner, child, or spouse of the permitee. Upon approval of such transfer, the department shall issue a permit to the transferee;
§ 2. Subdivision d of section 20-464 of subchapter 27 of chapter 2 of title 20 of the administrative code of the city of New York is amended to read as follows:
d. Not sell, lend, lease or in any manner transfer his or her license or any interest therein unless prior approval of the commissioner has been obtained. Notwithstanding the aforementioned, where a general vendor licensed pursuant to this subchapter is deceased, becomes incapacitated or is unable to vend due to a medical condition or illness, such general vendor may transfer his or her license to a dependent domestic partner, child, or spouse. A general vendor who seeks to transfer his or her general vending license as such, must submit a request to the commissioner. If a general vendor is deceased or incapacitated, such request may be submitted by an agent, domestic partner, child or spouse of such general vendor. The commissioner shall approve such transfer where the general vendor, or general vendor’s agent, domestic partner, child or spouse has proven, in a manner to be determined by the commissioner, that: (i) such general vendor is deceased, incapacitated or unable to vend due to a medical condition or illness; and (ii) the prospective transferee is a dependent domestic partner, child, or spouse of the general vendor. Upon approval of such transfer, the department shall issue a general vending license to the transferee.
§ 3. This local law shall take effect 120 days after it has been enacted into law.
RC
LS1927/Int. No. 432-2014
LS 875
1/3/18