Section 373. Franchise and concession review committee  


Latest version.
  • a. A franchise and
      concession  review committee is hereby established.  The committee shall
      consist of the following officials or their designees:   the mayor,  who
      shall  serve  as  chair;  the  director  of the office of management and
      budget; the corporation counsel; the  comptroller;  and  one  additional
      appointee  of  the  mayor.    Whenever  the committee reviews a proposed
      franchise or concession or the  procedures  for  granting  a  particular
      concession, the borough president of the borough in which such franchise
      or  concession  is  located or his or her designee shall also serve as a
      member of the committee.  If such a franchise, concession  or  procedure
      relates  to    more  than  one borough, the borough presidents   of such
      boroughs shall designate one  of  such  borough  presidents  or  another
      individual  to  serve  as  a  member of the committee for the purpose of
      considering such matter.
        b. The mayor shall designate a public officer or employee  to  act  as
      the  clerk of the committee who shall be responsible for maintaining the
      records and minutes of the committee and performing such other duties as
      may be required.
        c. The committee shall act by the affirmative vote of  at  least  four
      members  except that the affirmative vote of at least five members shall
      be required to approve a franchise agreement.
        d. The committee shall:
        (1) adopt  rules  establishing  procedures  for  granting  concessions
      through   public  bidding  or  by  other  means  designed  to  ensure  a
      competitive and fair process;
        (2) review and approve the granting of concessions that  are  proposed
      to  be  granted  pursuant  to procedures that differ from the procedures
      established by the rules of the committee; provided, however,  that  the
      committee  need not review awards of concessions that are not subject to
      renewal and have a term of less than thirty days;
        (3) determine whether each franchise  agreement  proposed  by  a  city
      agency is consistent with the request for proposal or other solicitation
      pursuant  to which such agreement was negotiated and require appropriate
      modifications  to  any  such  agreements  to  correct  any   significant
      inconsistencies; and
        (4)  review  and  approve  the  selection  of  franchisees pursuant to
      subdivision f of section three hundred sixty-three.