§ 2-305 Street Fairs; Street Fair and Non-Profit Association Exception.
RCNY § 2-305
(a)Definitions. Bona fide affiliation. A "bona fide" affiliation shall be deemed to mean: (i) residence on the block on which the fair is taking place, in the case of a fair sponsored by a block association; or (ii) membership in the association, where the association does not have as its sole function the sponsorship of street fairs. Non-profit associations. For purposes of this section, a "non-profit association" shall be deemed to be (i) any governmental agency; (ii) any charitable, educational, religious or political organization, or any association incorporated in accordance with or subject to the provisions of the New York Not-For-Profit Corporation Law; or (iii) any other organization or association which does not exist for purposes of pecuniary profit or financial gain and no part of the assets, income or profit of which is distributable to its members, directors, or officers. Street fair, block party, or festival (hereafter, "street fair"). For purposes of this regulation, a "street fair" has the same meaning as set forth in 50 RCNY § 1-01.
(b)License and Siting Exemptions.
(1)Any non-profit association holding a street fair, and any person who operates as a general vendor at such street fair, is exempted from the provisions of § 20-465(g) of the Administrative Code.
(2)At any street fair sponsored by a non-profit association, a person who sells or offers to sell goods or services (other than food) is not required to comply with the provisions of § 20-465(a), (b), (d), (e), (g), (k), (i) of the Administrative Code provided the person meets the following requirements: (i) The person has a bona fide affiliation with the sponsor of the street fair, does not act as a general vendor other than at street fairs, and is making a contribution to the sponsoring association through participation in the street fair; or (ii) The person who sells or offers to sell goods or services has a location during the fair on the street or sidewalk in front of a store normally maintained by that person.
(3)In addition to information required by subdivision (e) of 50 RCNY § 1-05, the non-profit association holding a street fair must provide the Mayor’s Office of Citywide Event Coordination and Management’s Street Activity Permit Office (“SAPO”) with a list of the names and addresses of all persons that are authorized to operate as vendors at the fair, including all persons covered by paragraphs (1) and (2) of this subdivision. SAPO shall designate the required content and form of such list. Such list must be provided to any police officer or other authorized City officer for inspection at the fair.
(4)All persons that meet the requirements of paragraphs (1) and (2) of this subdivision and are included on the list required by paragraph (3) of this subdivision are exempt from the requirement of § 20-453 of the Administrative Code to obtain a general vendor license for the purposes of vending at such street fair. (Amended City Record 7/31/2024, eff. 8/30/2024)
