§ 2-315 Application Procedures for Honorably Discharged Members of the Armed Forces who are Eligible for Specialized Vending Licenses Pursuant to § 35-a of the General Business Law.
RCNY § 2-315
(a)As used in this section, the following terms have the following meanings: (1) Block face. "Block face" means the area of sidewalk spanning from one intersection to the next; (2) City-specialized vending license. "City-specialized vending license" means a specialized vending license for a block face in the city of New York that is located outside the following areas: (i) the midtown core (ii) Broadway between Murray street and Battery Place, (iii) Park Row between Ann street and Spruce street; and (iv) 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; (3) Midtown core. "Midtown core" means the borough of Manhattan in the City of New York 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; provided, however, that the "midtown core" shall not include (and vending is prohibited on) Second avenue, Third avenue, Lexington avenue, Park avenue, Vanderbilt avenue, Madison avenue, Fifth avenue, Sixth avenue, Seventh avenue, Broadway, Eighth avenue, Amsterdam avenue, Ninth avenue, Columbus avenue, Thirty-fourth street between Lexington avenue and Seventh avenue, Forty-second street between Lexington avenue and Eight avenue, Forty-ninth street between Lexington avenue and Seventh avenue, Fiftieth street between Lexington avenue and Seventh avenue and Fifty-seventh street between Lexington avenue and Seventh avenue; (4) Midtown-specialized vending license. "Midtown-specialized vending license" means a specialized vending license for a block face located in the midtown core; (5) Specialized vending license. "Specialized vending license" means a license issued pursuant to § 35-a of the General Business Law; (6) General vendor's license. "General vendor's license" means a license issued by the Commissioner pursuant to Subchapter 27 of Chapter 2 of Title 20 of the New York City Administrative Code; and (7) Mobile food vending license. “Mobile food vending license” means a license issued by the Department of Health and Mental Hygiene pursuant to Subchapter 2 of Chapter 3 of Title 17 of the New York City Administrative Code and 24 RCNY Chapter 6.
(b)Applications for specialized vending licenses and the reissuance of specialized vending licenses issued prior to March 1, 2003 are governed by the following procedures: (1) All persons who hold current specialized vending licenses that were issued pursuant to the provisions of § 35-a of the General Business Law prior to March 1, 2003, must apply for the reissuance of such specialized vending licenses with new priority ranks to be accorded and assigned in accordance with subdivision (c) of this section.
(2)Applications for the reissuance of such currently valid specialized vending licenses issued prior to March 1, 2003, must be received by the department during the period commencing on August 23, 2004 and ending no later than 5 p.m. on September 22, 2004.
(3)Such applications must include the following information and documentation: (i) The applicant's name, home address and home telephone number; and (ii) Whether the applicant is seeking a midtown- or a city-specialized vending license as their first choice. An applicant who fails to indicate whether they seek a midtown or a city specialized vending license shall be deemed to have chosen a midtown-specialized vending license; and (iii) Proof that the applicant holds a currently valid general vendor's license and a currently valid specialized vending license issued prior to March 1, 2003; and (iv) If a licensee exchanged a midtown-specialized vending license for a city-specialized vending license, or vice versa, and has continuously held a specialized vending license since the date on which the first such license was issued, an indication of which license was received first.
(c)Each eligible applicant for the reissuance of specialized vending licenses issued before March 1, 2003, shall be reissued such license with a new priority rank, which shall be determined and assigned in accordance with this subdivision.
(1)All eligible applications for the reissuance of such specialized vending licenses that are received on or before 5 p.m. of September 22, 2004 shall be sequentially assigned a priority rank based on the earlier of (A) the date of issuance of the applicant's currently valid specialized vending license that was issued prior to March 1, 2003, or, (B) in the case of a licensee who exchanged, prior to March 1, 2003, a midtown-specialized vending license for a city-specialized vending license, or vice versa, and who has continuously held a specialized vending license since the date on which the first such license was issued, the date of issuance of such first license. Number one shall be the rank assigned to the applicant whose specialized vending license has the earliest date of issuance, determined in accordance this paragraph, and who is therefore entitled to the highest priority rank.
(d)Midtown-specialized vending licenses shall first be issued to the holders of specialized vending licenses who have filed applications in accordance with subdivision (b) of this section and who hold currently valid midtown-specialized vendor's licenses issued prior to March 1, 2003. Such licenses shall be issued with a priority rank assigned to such midtown-specialized vending licenses, which shall be in the order in which such applicants are ranked pursuant to subdivision (c) of this section.
(e)The Department shall maintain a waiting list of applicants for midtown-specialized vending licenses that become available.
(f)No more than 105 midtown-specialized vending licenses shall be issued at any single time on or after January 31, 2007. Such licenses shall be issued according to the following schedule: (1) A maximum of 60 such licenses on or after March 5, 2004.
(4)Only holders of city-specialized vending licenses that are in effect at the time such additional midtown-specialized vending license become available are eligible to be issued such additional midtown-specialized vending licenses.
(g)The Department shall publish a notice in the City Record requesting applications for midtown-specialized vending licenses whenever the Department ascertains that a midtown-specialized vending license is available for issuance and there are no applicants on the waiting list maintained by the Department in accordance with subdivision (e).
(h)Any applicant who, pursuant to subdivision (b) of this section, makes a timely application for the issuance of a midtown-specialized vending license but who is not issued such license shall be reissued such city-specialized vending license with the priority rank as provided in subdivision (c) of this section.
(i)Applicants who apply on or after August 23, 2004 for the issuance of city-specialized vending licenses, must provide the following information in, and attach the following documentation to, the application for such license: (1) The applicant's name, home address and home telephone number; and (2) Proof that the applicant: (i) has been honorably discharged from the armed forces of the United States; (ii) has sustained a service-related physical disability that is verified in a letter to the veteran/applicant on original letterhead with an original signature from the United States Department of Veterans Affairs or the United States Veterans Administration; and (iii) holds a currently valid general vendor’s license or a currently valid mobile food vending license.
(j)(1) All persons who hold current specialized vending licenses that were issued pursuant to the provisions of § 35-a of the General Business Law after February 28, 2003, and before August 23, 2004, shall apply for the reissuance of such specialized vending licenses with a new priority rank that shall be accorded and assigned in accordance with paragraph four of this subdivision.
(k)No disabled veteran vendor may hold more than one specialized vending license issued by the Department, whether a midtown-specialized vending license or a city-specialized vending license. A specialized vending license shall not have a term and shall be valid until the date on which such specialized vending license is surrendered to the Department, or until the specialized vending licensee ceases to hold a currently valid general vendor's licenseor currently valid mobile food vending license, or until otherwise provided by law.
(l)Any eligible disabled veteran may apply to exchange their specialized vending license for a different type of specialized vending license issued by the Department by making an application for the type of license he or she seeks in accordance with the application procedures specified in this section.
(m)City-specialized vending licenses shall be yellow and midtown-specialized vending licenses shall be blue and shall be clearly differentiated from such licenses issued prior to March 1, 2003. Each such specialized vending license also shall contain a photograph of the disabled veteran to whom such license is assigned as well as their name, home address, specialized vending license number, and such licensee's assigned priority rank.
(n)Upon the death of a holder of a specialized vending license, the surviving spouse or, if there is no surviving spouse or the surviving spouse elects not to use such license, the guardian of a minor child or children of such holder, to whom such license is transferred by operation of law in accordance with § 35-a of the General Business Law, must notify the Department of the death of such holder and, upon submitting proof of the conditions upon which such transfer is based, shall be issued a license in their name with the same priority rank as that assigned to such holder.
(o)A holder who becomes totally or permanently disabled and wishes to transfer their specialized vending license to their spouse or to an adult child who assumes the duty to support such holder must notify the Department. Such license shall be issued in their name, upon their submitting proof of the conditions upon which such transfer is based, with the same priority rank as that assigned to such holder. (Amended City Record 9/10/2025, eff. 10/10/2025)
