§ 13-01 Definitions.
RCNY § 13-01
As used in these rules, the following terms shall have the following meanings: Applicant means a business or not-for-profit corporation which has applied for a financial hardship waiver. Business means any food service establishment, mobile food commissary, or store that is not a not-for-profit corporation. Acknowledgement Letter means the letter sent by DSBS to an applicant notifying the applicant of its pending application for a financial hardship waiver. City means the City of New York. Commissioner means the Commissioner of the New York City Department of Small Business Services or his or her designee or his or her successor in function. Comparable alternative product means a product to be used by the business or not-for-profit corporation in place of an expanded polystyrene single service item prohibited by § 16-329 of the Administrative Code or any successor provision. Day means a calendar day unless otherwise specified. Denial or Denied means a determination by DSBS that an applicant is not eligible for a financial hardship waiver. DSBS means the New York City Department of Small Business Services or its successor in function. DSNY means the New York City Department of Sanitation or its successor in function. DSNY Commissioner means the commissioner of the New York City Department of Sanitation or his/her designee or his/her successor in function. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Such term shall not include rigid polystyrene. Food service establishment means a premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle. Food service establishment shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts and cafeterias. Mobile food commissary means any facility that: 1. disposes of solid waste generated by the operation of a food service establishment that is located in or is a pushcart, stand or vehicle; or 2. supplies potable water and food, whether pre-packaged or prepared at the mobile food commissary, and supplies non-food items. Store means a retail or wholesale establishment other than a food service establishment. Undue financial hardship means that an applicant has demonstrated any of the following, based on submitted financial projections: 1. The cost of using a comparable alternative product will result in an increase of more than 5% of the business's annual cost of operations; 2. The increased costs will result in the elimination of at least one employee; or 3. The increased cost will result in a reduction in annual net profit of more than 5%. (Added City Record 6/23/2015, eff. 7/23/2015)
