Section 17-617. Definitions  


Latest version.
  • For  purposes  of this chapter, the following
      terms shall be defined as follows:
        a. "Affiliated company" means any business entity which is the  holder
      of  a  right  to  place  or  display  advertisements  in or on a unit of
      advertising space and which has a relationship with a holder of a  right
      to  place or display advertisements in or on another unit of advertising
      space; such relationship shall be an identity of all principal owners or
      all directors; provided, however, that only entities which  are  holders
      of  a right to place or display advertisements on the same type of units
      of advertising  space  shall  be  considered  affiliated  companies  for
      purposes of this chapter.
        b.  "Authorizing  agency"  means  the  agency  or  other unit of local
      government of the city of New York which is (i) acting on behalf of  the
      city  with respect to a written agreement between the city and a private
      party which allows the placement or display of advertisements in or on a
      unit of advertising space; (ii) any agency designated by  the  mayor  as
      having  responsibility  for  a  unit  of  advertising  space that is the
      subject of a written agreement with the city which allows the  placement
      or  display of advertisements in or on such unit; or (iii) the issuer of
      a license or permit that expressly grants the right to place or  display
      advertisements  in  or on a unit of advertising space. In the event that
      there is no authorizing agency as defined by this subdivision for a unit
      of advertising space, the authorizing agency for such unit shall be  the
      agency  with  the  primary  expertise in the subject area covered by the
      written agreement with the city which allows the placement or display of
      advertisements in or on such unit.
        c. "Cigarette license" means the license issued  pursuant  to  section
      11-1303 or 20-202 of the code.
        d.  "City  of New York" or "city" means the city of New York or any of
      its agencies or other unit of local government.
        e. "Employee" means any person who provides services for  the  payment
      of  direct  or  indirect  monetary  wages  or  profit, or any person who
      volunteers his or her services without monetary compensation.
        f. "For-hire vehicle" means "for-hire vehicle" as defined  in  section
      19-502 of the code.
        g.  "For-hire  vehicle  base"  means  a  place  of business from which
      for-hire vehicles are dispatched.
        h. "Instrumentality of public  transportation"  means  buses  operated
      pursuant  to  a  franchise  or consent issued by or from the city of New
      York, ferries and ferry terminals owned or operated by the city  of  New
      York,  trams  and  their  appurtenances,  bus stop shelters and licensed
      vehicles as defined in section 19-502 of the code.
        i.  "Person"  means  any  natural  person,  partnership,  corporation,
      government agency, association or other legal entity.
        j.   "Public  health  message"  means  words,  pictures,  photographs,
      symbols, graphics or visual images  of  any  kind,  or  any  combination
      thereof, the primary purpose of which is to communicate the health risks
      of  tobacco  product  use  or  the  health benefits of not using tobacco
      products.
        k. "Retail dealer" means "retail dealer" as defined in section 11-1301
      of the code, and any employee or other agent of such retail dealer.
        l. "School premises" means the buildings, grounds  or  facilities,  or
      any portion thereof, owned or occupied by public or private institutions
      for the primary purpose of providing educational instruction to students
      at or below the twelfth grade level.
        m.  "Special  event"  means  an  event (i) for which a permit has been
      issued by the city of New York; (ii) which has a duration of  no  longer
      than  seven days; and (iii) for which an agreement has been entered into
    
      with the city that provides for the  placement  or  display  of  signage
      intended to discourage the use of tobacco products.
        n. "Taxicab" means "taxicab" as defined in section 19-502 of the code.
        o.  "Taxicab  fleet"  means  a  corporate  entity  organized  for  the
      ownership or operation of twenty-five or more taxicabs,  which  taxicabs
      are  dispatched from a single location serving as both garage and office
      of record, which location has been approved by the  taxi  and  limousine
      commission as adequate for the storage, maintenance, repair and dispatch
      of  the  fleet  taxicabs,  and  which  location  has a dispatcher on the
      premises at least eighteen  hours  every  day  who  is  responsible  for
      assigning drivers to fleet taxicabs.
        p.  "Taxicab  minifleet"  means a corporation licensed by the taxi and
      limousine commission to own and operate two or more taxicabs.
        q.  "Tobacco  advertisement"  means  words,   pictures,   photographs,
      symbols,  graphics  or  visual  images  of  any kind, or any combination
      thereof, which bear a health warning required by  federal  statute,  the
      purpose  or effect of which is to identify a brand of a tobacco product,
      a trademark of a tobacco product or a trade name associated  exclusively
      with  a  tobacco  product,  or  to  promote the use or sale of a tobacco
      product.
        r. "Tobacco product"  means  any  substance  which  contains  tobacco,
      including  but  not  limited  to  cigarettes,  cigars,  pipe tobacco and
      chewing tobacco.
        s. "Trademark" means any word, name, symbol, logo, emblem  or  device,
      or any combination thereof, used by a person to identify and distinguish
      his  or  her  goods  from  those  manufactured  or sold by others and to
      indicate the source of the goods, even if that source in unknown.
        t. "Trade name" means any name used by a person to identify his or her
      business or vocation.
        u. "Unit  of  advertising  space"  means  any  real  property,  space,
      facility  or  instrumentality  of  public transportation, or any portion
      thereof, (i) owned or operated by, or leased from or  to  the  city,  or
      which  is  located  or operates on real property owned or operated by or
      leased from or to the city,  and  which  is  the  subject  of  the  same
      contract,   lease,   rental  agreement,  franchise,  revocable  consent,
      concession or other similar written agreement with the city which allows
      the placement or display of advertisements, but not including  any  real
      property,  space  or  facility leased from the city for a term of thirty
      years or more during the entire term of the lease or any real  property,
      space  or  facility leased from or to the industrial development agency;
      or (ii) with respect to which a license or permit has been issued by the
      city that expressly grants the right to place or display advertisements,
      but not including licenses or permits issued pursuant  to  the  building
      code.
        v.  "Wholesale  dealer" means "wholesale dealer" as defined in section
      11-1301 of the code, and any employee or other agent of  such  wholesale
      dealer.