What you should know
- After the law that prohibits street vendors from selling their products on bridges, such as the Brooklyn bridge, Legislators propose new laws that would give this community options.
- The proposed bill by Manhattan Councilwoman and Borough President Gale A. Brewer, seeks to ease certain restrictions while continuing to prohibit the general sale and vending of food on a pedestrian overpass or bicycle lane on a bridge approach.
- On the other hand, several councilors, such as Carmen N. De La Rosa, propose a bill which would amend New York City’s administrative code to allow street vendors to sell two feet from the sidewalk unless there is an obstruction, in which case it would allow vendors to place their carts as close to the obstruction as possible.
NEW YORK — After the law that prohibits street vendors from selling their products on bridges, such as the Brooklyn bridge, Legislators propose new laws that would give this community options.
For a start, the proposed bill by Manhattan Councilwoman and Borough President Gale A. Brewer, seeks to ease certain restrictions while continuing to prohibit the general sale and vending of food on a pedestrian overpass or bicycle lane on a bridge approach.
This project would allow vending on an elevated pedestrian path if it has at least a 16-foot clear pedestrian path, which will be measured from one side of the path to any obstruction in or on the path, or if there are no obstructions on the other side of the path. the walkway, this measurement will not include bicycle lanes.
Additionally, street vendors operating on these elevated bridge walkways must be at least 20 feet from another vending cart located in the bridge crosswalk.
On the other hand, several councilors, such as Carmen N. De La Rosa, propose a bill which would amend New York City’s administrative code to allow street vendors to sell two feet from the sidewalk unless there is an obstruction, in which case it would allow vendors to place their carts as close to the obstruction as possible.
Currently, the law requires pushcarts to be curbside, jeopardizing the safety of vendors who must exit their carts onto the street and potentially into oncoming traffic.
These legislations being considered by the Consumer and Worker Protection Committee aim to mitigate some of the problems faced by sellers, while balancing the competitive needs of sellers, customers, residents and physical establishments.
Current New York City Street Vending Regulations and Restrictions
Selling food, merchandise or other items on the streets of New York City requires compliance with a number of rules and procedures. Separate regulations administered by different agencies apply depending on the item for sale, where the sale is made, and who is making the sale.
Street vendors are regulated by the Department of Consumer and Worker Protection (DCWP), the Department of Health and Mental Hygiene (DOHMH), the Department of Sanitation (DSNY), the NYPD, as well as the Departments of Protection Environmental, Finance and Parks and Recreation. This patchwork of laws and agencies often causes confusion for both providers and law enforcement agencies.
Broadly speaking, street vending falls into the following four categories: First Amendment street vending; veterans peddling; sale of general merchandise; and street food vending (MFV). Each type of street vending is governed by specific laws and guidelines and, in some cases, the number of licenses available is limited.
General merchandise suppliers require a license which can be obtained through the DCWP.
Street sales
Generally speaking, mobile food vendors who have citywide permits or supervisory license permits can sell food on many streets in New York City; however, there are many limitations. For example, there are more than five hundred specific streets where vending is prohibited, while other streets are restricted to certain times and days of the year. This may be due to the width of the sidewalk, the need to keep the street clear of obstructions (for example, around security checkpoints), or because the area is too congested. Once a suitable street has been located, food vendors must follow sidewalk regulations.
Listed below are just a few examples of where the cart can be set up:
Sale on bridges
Concerns about overcrowding and loading capacity on city bridges led to calls for vending restrictions on bridges. This was a particular concern on the Brooklyn Bridge, where the relocation of bike lanes widened pedestrian walkways, doubled pedestrian traffic, and caused an increase in the number of vendors operating on the Brooklyn Bridge.
In October 2023, the Department of Transportation (DOT) proposed a rule prohibiting vending on all of its 789 bridges and bridge approaches. The rule also prohibits vendors from stopping on bridges to sell or display products. A public hearing on the proposed rule was held on November 15, 2023, with many public comments in favor of restrictions on vending on the bridge. The rule was adopted on January 3, 2024, and the NYPD began enforcing it on the same day, removing all vendors operating on the Brooklyn Bridge.
Regarding this rule, New York City Mayor Eric Adams noted that when crowds flocked to the bridge during the Christmas season, the situation became dangerous. He showed videos showing pedestrians jumping from the elevated walkway onto a bike lane several meters below to avoid a human traffic jam.
“It’s not just a health issue, it’s a public safety issue,” Adams said at the time. “People would have trampled each other. We need order in this city. That is one of our main milestones.”
The new rules apply to all of the city’s bridges, although none have as many vendors as the 140-year-old Brooklyn Bridge, which was often filled with tables selling phone cases, knockoff Yankees caps, novelty plates and more.
Those selling items on the bridge acknowledge that vendors have proliferated in recent years, fueled by lax law enforcement during the coronavirus pandemic and the availability of low-priced merchandise. The decision two years ago to relocate cyclists to one lane of the highway also freed up space for concession stands.
On the middle span of the bridge, vendors have set up nearly a dozen rotating selfie platforms where tourists can pay to take panoramic photos.
MD Rahman, who has sold hot dogs and pretzels from a cart on the bridge for 15 years, said he understands the need to crack down on illicit vendors. But he criticized the city’s plan as too broad since it also applies to veteran vendors, like him, who hold mobile vending licenses.
“The problem is illegal, unlicensed people selling things up there,” Rahman said, pointing to the newest group of vendors in the middle of the bridge. “Punishing everyone is crazy. “I don’t know what’s going to happen to my family now.”
Among supporters of the new rules were some disability rights advocates, who said the ban would immediately improve access for wheelchair users. In a statement, the city’s Transportation Chief, Ydanis Rodríguez, celebrated the improvements to an attraction he called “America’s Eiffel Tower.”
2024-02-01 21:25:52
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