§ 2-161 Operation of Parking Lots and Garages.
RCNY § 2-161
(a)Except within the discretion of the Commissioner, no license may be issued or renewed unless the applicant certifies, in such form and manner as determined by the Commissioner, that the premises proposed to be licensed comply with all applicable Local, State, and Federal laws and regulations.
(b)(1) The determination of the maximum motor vehicle capacity of each garage and parking lot, which shall appear on the face of the license, shall be made as follows: (i) by adopting the maximum vehicle capacity requested by the applicant or licensee if the requested maximum vehicle capacity does not exceed the maximum vehicle capacity as stated on the previous license document for the premises; or, (ii) by requiring that newly licensed premises and previously licensed premises seeking an increase in maximum vehicle capacity from the previous license submit documents to show the maximum vehicle capacity allowed by applicable local, state or federal laws and regulations, which may include a certificate of occupancy or temporary certificate of occupancy issued by the New York City Department of Buildings.
(2)A licensee must notify the Department within 10 days of any change that reduces the maximum vehicle capacity legally permitted at the premises, including changes to a certificate of occupancy or temporary certificate of occupancy issued by the New York City Department of Buildings.
(c)The premises of licensed parking lots and garages must be adequately attended at all times during operation.
(d)(1) The number and types of insurance policies carried by the applicant for a license, must be set forth on the face of the application and must be reasonably adequate, in the opinion of the Commissioner, to protect the public, which policies shall include coverage for legal liability resulting from operation on the licensed premises of vehicles and bicycles owned by the licensee or by third persons, for injury or damage to person or property and garage keepers liability, in the sum of not less than $300,000 combined single limit per accident.
(3)The applicant must present for review and consideration at the time of this application for a license, or renewal thereof, the original or a true copy or copies of policies of insurance, or certificates of insurance.
(e)In the event of a change of ownership of licensed garage or parking lot that does not require approval from the Commissioner pursuant to §§ 20-110 and 20-111 of the Administrative Code, the licensee of record must notify the Commissioner within 30 days of such change in ownership.
(f)(1) (i) Motor vehicles must not be stored or parked by licensees on public streets, avenues, highways, or public places except when permission is given by the customer in a written agreement which is signed by the customer.
(ii)Bicycles must not be stored or parked by licensees on public streets, avenues, highways, or public places.
(g)(1) Licensed parking lots and garages with separate entrances and exits, must have their main entrance and main exit clearly designated, with illuminated signs marked “Entrance” and “Exit.” (2) (i) Each licensee must post conspicuously at the public entrance or entrances to the garage or parking facility or, when impossible, in immediate proximity thereto, a durable sign or signs composed of black letters and numerals on white background, the upper-case (capital) letters and numerals to be three inches (3”) high, the lower-case letters to be two inches (2”) high; all letters “same serif,” as per attached specimen “No. I.” Letters and numerals must be proportionately spaced and neither contracted nor expanded so as to inhibit readability. Each classification and the applicable rate or rates thereunder must be listed on a separate line not to exceed forty inches (40”) in width. Said lines must be spaced one and one-half inches (1 1/2”) apart, as measured between the upper-case (capital) letters. Rates for fractional or hourly periods must be so listed as to reflect the total charge for each aggregate period up to the maximum thereof. For Example: Up to 1 hour: $ . . . . . Up to 2 hours: $ . . . . . Maximum: . . . . . Hours: . . . . . or Maximum: 6 a.m. to 7 p.m. . . . . . . . . . . as per attached specimen "No. II." (ii) Separate signs, having reverse color schemes placed in juxtaposition to each other, must be used when DAY and NIGHT Rates differ, provided that the DAY Rate sign (black letters on white background) is so marked that a motorist parking a vehicle or a bicyclist parking a bicycle when DAY Rates are in effect may, from said schedule, readily and easily determine the total charges should they remove their vehicle or bicycle when NIGHT Rates (white letters and numerals on black background) are in effect. For Example: DAY RATES NIGHT RATES Enter 7 a.m. to 6 p.m.:Enter 6 p.m. to 2 a.m.:Up to 1 hour: $ Up to 1 hour: $ Up to 2 hours: $ Up to 2 hours: $ etc.etc.Maximum to 6 p.m.: $ Maximum to 2 a.m.: $ One of the following may be used, (whichever policy the Licensee adopts) under the last line of the "DAY Rates" sign. For Example: Either After 6 p.m. $ .................. foreach additional hour or part thereof.Maximum to 2 a.m.: $ ......or After 6 p.m. – NIGHT RATES apply.(See attached specimen "No. II") (iii) Licensees who maintain a different Rate Schedule for certain days of the week or for special occasions such as Matinees, Ball Games, etc., shall list chronologically such rates directly under the normal rate schedule applicable to DAY or NIGHT listings, as the case may be, or on a separate adjacent sign, to permit easy and ready readability.
(iv)A replica or legible typewritten facsimile of such rate sign or signs, at least eight inches (8”) by ten inches (10”), must be conspicuously posted or displayed at the place designated by the Licensee for the payment of charges so that it can be readily seen by the customer. A copy thereof shall also be filed in quadruplicate with the COMMISSIONER OF THE DEPARTMENT OF CONSUMER AND WORKER PROTECTION OF THE CITY OF NEW YORK simultaneously with the filing of the Licensee’s rate schedule or change thereof.
(v)Auxiliary signs may be displayed, provided that all letters and numerals are equal size and conform to the style of letterings as hereinabove set forth, and further provided that such sign or signs neither mislead nor confuse or tend to mislead or confuse the public. The license sign required to be displayed by 6 RCNY § 1-03 (Chapter 1 of Title 20, Administrative Code) must be located in a conspicuous position at the place designated by the licensee for the payment of charges.
(vi)Each licensee must also post conspicuously at the public entrance or entrances to the garage or parking facility or, when impossible, in immediate proximity thereto, a separate sign or signs composed of letters and numerals of the same dimensions and specifications as hereinabove set forth, stating the name, address, license number of the Licensee, the licensed capacity of said premises, the minimum number of bicycle parking spaces in said premises, and the business hours thereof.
(vii)The Commissioner may, upon due application by a licensee, vary any of the foregoing requirements, provided such variance is not inconsistent with the aim and purpose of this subdivision (g) nor detrimental to the public welfare. The sign posted at parking facilities accessory to multiple dwellings, which provide parking services exclusively to the residential tenants of the accessory multiple dwelling, and are subject to the Rent Stabilization Law and Code in regard to the charges for such services, may contain the following information on rates: “No transients or non-residents permitted. Residential tenants only. Rates as fixed by rent laws,” or wording to such effect.
(viii)Licensees required to provide space for parking bicycles must post the rate schedules for rates the licensee is authorized to charge for parking bicycles in the same manner as required for posting the rate schedule for vehicles, which may be on the same sign or separate signs. The signs for the rate schedule applicable to each type of conveyance shall be clearly marked as DAY or NIGHT RATES for VEHICLES or DAY or NIGHT RATES for BICYLES, as appropriate.
(ix)The rates initially posted for parking bicycles on or after the effective date of Local Law Number 51 for the year 2009 by licensees required to provide space for parking bicycles by such law shall remain in effect without having been filed with the Commissioner until January 14, 2010, provided such licensee files such rates with the Commissioner prior to such date. No rate shall be in effect thereafter unless a rate change is implemented as provided by law and this subchapter.
(x)Licensees who elect to maintain different rates based on payment method, in accordance with State and local requirements, must clearly and conspicuously display at the public entrance or entrances to the garage or parking facility or, if such display is impossible, in immediate proximity thereto, the rate and any discount or incentive offered for each payment method accepted (e.g., credit card, debit card, cash).
(xi)Licensees may charge different prices to consumers for monthly parking or storage services so long as each such rate charged, and the qualifications or requirements for obtaining such rate, are clearly and conspicuously posted on a sheet of paper at least eight inches (8”) by ten inches (10”) at the place designated by the Licensee for the payment of charges, such that it can be readily seen by the customer. A copy of such rate sheet must be provided to each consumer who purchases monthly parking or storage services by mail, or email where agreed to by the consumer, prior to the consumer’s initial purchase and at least sixty days prior to the effective date of any change in rates.
(4)A licensee who has taken over the business of a previous licensee may not increase the schedule of prices until formal notice has first been filed with the Commissioner and sixty days have elapsed subsequent to such filing. Such licensee must provide notice of the rate increase to each consumer who purchases monthly parking or storage services by mail, or email where agreed to by the consumer, at least sixty days prior to the effective date of any increase in rates.
(j)No contract, agreement, lease, receipt, rule or regulation made or issued by any licensee with or to a person who parks or stores a motor vehicle or bicycle in a garage or parking lot operated by such licensee, license may exempt such licensee from liability for damage or loss caused by the negligence of such licensee or any employee of such licensee.
(k)Where a trade name is used by an applicant for a license, or a co-partnership applies for a license, a certified copy of the certificate required to be filed with the County Clerk must be filed with the application.
(l)Licensees may not reserve space for so-called regular customers unless such customer has obligated himself to pay on a weekly or monthly basis whether or not reserved space is actually used by the customer.
(m)A licensee is required to keep a written record of all weekly or monthly space rentals and preserve such record for twelve months. The original of said record, or a true copy thereof, is required to be kept at the garage or parking lot at all times when the garage or parking lot is open for business.
(n)A licensee is not permitted to use a customer’s vehicle or bicycle under any circumstances whatsoever except when indispensably necessary to the operation of the business conducted by the licensee in connection with the incidental movement of vehicles or bicycles solely for the purpose of storage.
(o)A licensee may not require a customer to purchase supplies or services as a condition to parking on the licensed premises.
(p)A licensee may not require a customer to estimate or otherwise indicate time of departure from the licensed premises as a condition to parking on the premises.
(q)All licensed parking lots and garages shall comply with all applicable zoning requirements and with all other laws, ordinances, rules and regulations affecting the conduct of the licensed business as enforced by any city agency. Any violation of such requirements, laws, ordinances, rules or regulations may result in the suspension or revocation of the offender's license or the imposition of a monetary penalty.
(r)(1) Whenever a parking charge is determined by the time for which a parking space is provided and the receipt cannot be immediately stamped or marked with the time of return upon the customer's appearance at the licensed premises, an auxiliary time clock shall be provided at each place designated by the licensee for the payment of charges.
(s)Licensees shall take reasonable care to prevent damage to or loss of a customer's vehicle, bicycle or personal property. Licensees must also respond in writing within 30 days to all written notices of claim from consumers. A licensee's failure to meet its obligations under this subdivision(s) will subject it to an order to pay damages to the affected party.
(t)A licensee must comply with §§ 25-80, 36-70 and 44-60 of the zoning resolution regarding bicycle parking for the purpose of exempting licensees from the requirements of subdivisions (a) through (f) of § 20-327.1 of the Administrative Code of the city of New York only if such licensee files with the Department an affidavit affirming it is in full compliance with the requirements specified in such sections of the zoning resolution.
(u)A licensee who is granted a waiver from compliance with the requirements of § 20-327.1 of the Administrative Code of the city of New York as provided by § 20-327.1(a)(3) of such code must post a sign in letters at least four inches high adjacent to the public entrance to its parking garage or lot stating “Bike Parking Not Required by Law.” Such licensee must have a copy of the waiver available on premises and must display it on request. (Amended City Record 3/19/2018, eff. 4/18/2018; amended City Record 12/3/2024, eff. 1/2/2025)
