§ 2-318 General Vendor Helpers.
RCNY § 2-318
(a)Definitions. As used in this chapter, the following terms have the following meanings: "Disability" means a physical or mental impairment that substantially limits one or more major life activities or major bodily functions and that permanently or temporarily impairs an individual's ability to operate a general vending business. "Major bodily functions" include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. "Major life activities" include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
(b)Request for Authorization.
(1)Subject to the restrictions set forth in this rule, a general vendor holding a current General Vendor's license with a disability may use individuals as helpers in the operation of his or her general vending business, even if such individuals do not have general vending licenses.
(2)A general vendor must request authorization to use helpers on forms prescribed by the Department, including a certification form to be completed by an appropriate licensed health care professional who has examined the general vendor. The licensed health care professional must: (i) attest to the existence of a disability; (ii) describe with specificity how the disability impairs the vendor's ability to operate a general vending business; and (iii) state whether the disability is permanent or temporary, and in the case of a temporary disability, the likely duration of the disability. The Department may require applicants to submit supplemental medical reports or certifications to verify the continued existence of a temporary disability.
(3)The Department shall maintain the confidentiality of all medical records and information submitted by the general vendor seeking authorization to use helpers unless required to be produced pursuant to law.
(4)The Department shall make a determination as soon as is practicable after receiving all requested documents and information. The Department shall then inform the party seeking authorization in writing whether the request has been approved or denied.
(5)If the request is approved, the Department shall provide the vendor with an amended license, with an endorsement on the front or back of the license that the licensee is authorized to use helpers. The endorsement shall specify the period during which the licensee is authorized to use helpers.
(6)The licensee shall surrender his or her current license to the Department upon receipt of the amended license.
(c)Use of Helpers.
(7)The Department will provide the licensee with notice and a reasonable opportunity to cure non-compliance with applicable laws, rules or regulations prior to revoking authorization to use helpers or a particular helper.
(8)The Department will not revoke authorization to use helpers without giving the licensee notice and an opportunity to appear and rebut any claim that the licensee (i) has violated applicable laws, rules or regulations, and has failed to cure any violation, or (ii) is not, or does not continue to be, a general vendor with a disability.
(d)Termination of Authorization for the Use of Helpers.
