Section 17-317. Issuance, renewal, suspension and revocation of licenses and permits  


Latest version.
  • a. The commissioner may refuse to issue a food  vendor  license  or  a  permit to vend food from a vehicle or pushcart in a public place,
      and may, after due notice and an opportunity to be heard, in addition to
      any other penalties provided herein, refuse to renew, suspend or  revoke
      a  food  vendor  license  or  a  permit  to  vend food from a vehicle or
      pushcart in a public place, upon the occurrence of any one  or  more  of
      the following conditions:
        1.  the  applicant,  licensee,  permittee,  its  officers,  directors,
      shareholders, members, managers or employees have made a material  false
      statement or concealed a material fact in connection with:
        (a)  an application for a food vendor license or a permit to vend food
      from a vehicle or pushcart in a public place; or
        (b) the sale of any item of food.
        2.  the  applicant,  licensee,  permittee,  its  officers,  directors,
      shareholders,  members,  managers or employees have been found guilty of
      four or more violations of this  subchapter  or  any  rules  promulgated
      pursuant thereto within a two-year period or have been found guilty of a
      violation  of the provisions of part fourteen of the state sanitary code
      or of the New  York  city  health  code,  or  the  applicant,  licensee,
      permittee,  its  officers, directors, shareholders, members, managers or
      employees have pending any unanswered summonses for  violation  of  this
      subchapter or any rules promulgated pursuant thereto.
        3.  the  applicant,  licensee,  permittee,  its  officers,  directors,
      shareholders, members, managers or employees have been convicted of  any
      offense  which,  in  the  judgment  of  the  commissioner,  has a direct
      relationship to such person's fitness or ability to perform any  of  the
      activities  for  which  a  license  or  permit  is  required  under this
      subchapter or  has  been  convicted  of  any  other  offense  which,  in
      accordance  with  article  twenty-three-a  of  the correction law, would
      provide a justification for the  commissioner  to  refuse  to  issue  or
      renew, or to suspend or revoke, such license or permit.
        4. with respect to renewal of a food vendor license, a licensee is not
      in  compliance with the rules promulgated by the commissioner of finance
      pursuant to subdivision b of section 17-310 of this subchapter.
        5. A licensee issued a "fresh fruits and vegetables" permit,  pursuant
      to paragraph 4 of subdivision b of section 17-307 of this subchapter, is
      found  to  be  vending food other than fresh fruits and vegetables or is
      found to be vending in a police precinct other than  one  in  which  the
      licensee   is   authorized   to   vend  in  accordance  with  his  (her)
      borough-specific permit.
        b. The commissioner shall not issue or renew a food vendor license  or
      a  permit  to  vend food from a vehicle or pushcart in a public place if
      the   applicant,   licensee,   permittee,   its   officers,   directors,
      shareholders,  members,  managers  or  employees  have failed to pay any
      fine, penalty or judgment duly imposed pursuant  to  the  provisions  of
      this subchapter or any rules promulgated thereunder.
        c.  The  commissioner, for good cause, may, prior to giving notice and
      an opportunity to be heard, suspend a license or permit issued  pursuant
      to  this  subchapter  for  a  period  of  up to ten days. Notice of such
      suspension  shall  be  served  on  the  licensee   or   permittee.   The
      commissioner   shall   provide   the  licensee  or  permittee  with  the
      opportunity for a hearing within ten  days  after  the  notification  of
      suspension,   after  which  the  commissioner  shall  forthwith  make  a
      determination as to whether such  suspension  should  continue  and  the
      length  of  such  suspension,  and in addition may impose any penalty or
      sanction authorized by this subchapter or any rules promulgated pursuant
      thereto.
    
        d. Unless otherwise provided in section 17-314.1 of  this  subchapter,
      the commissioner shall not renew a permit to vend food from a vehicle or
      pushcart in a public place where the permittee has died if the permittee
      is  a  natural person, or if the permittee is a corporation, where there
      has  been a change in fifty percent or more of the ownership interest in
      such corporation from the ownership interest existing on  the  date  the
      permit  was  issued; where the permittee is a limited liability company,
      where there has been the addition of any member or  where  such  limited
      liability  company  has  been  dissolved,  and  where the permittee is a
      partnership, where there has been the addition of any partner  or  where
      such partnership has been dissolved.
        e.  Each applicant, licensee and permittee shall notify the department
      in writing by registered mail, return receipt  requested,  within  three
      business  days  of  receipt  of  a  notice of service of a summons for a
      violation relating  to  conducting,  maintaining  or  operating  a  food
      vending   business   and  a  conviction  of  such  applicant,  licensee,
      permittee, its officers, directors, shareholders, members,  managers  or
      employees  for  any  offense  occurring  after  the  filing  date of the
      application for a license or permit or a renewal  thereof  or  occurring
      during the term of the license or permit.
        f. Any person issued a food vendor license pursuant to this subchapter
      who  commits  three  or  more  violations  of  the  provisions  of  this
      subchapter and any rules promulgated thereunder within a two year period
      shall have his or her food vendor license revoked.