New York City Department of Consumer Affairs PEDICAB BUSINESS (PREMISES) (130)

Transcription

New York City Department of Consumer Affairs
PEDICAB BUSINESS (PREMISES) (130)
License Application Checklist
DCA LICENSING CENTER
42 Broadway, 5th Floor
New York, NY 10004
For more information, contact 311 (212-NEW-YORK outside of NYC) or visit
www.nyc.gov/consumers
________________________________________________________________________
IMPORTANT:
Pedicabs CANNOT operate in New York City without a DCA-issued pedicab registration plate.
By law, the City can only issue new pedicab registration plates when the number of registered
pedicabs falls below 840. You should submit this application if:
• A licensed pedicab business has agreed to transfer a pedicab registration plate to you and
you are a new business or a licensed pedicab business with fewer than 30 registered
pedicabs.
• There is a Pedicab Registration Plate Lottery, and you receive an offer to be issued a
pedicab registration plate after applying for the lottery.
WHO MUST HAVE A PEDICAB BUSINESS LICENSE?
You must have a Pedicab Business license if you are a pedicab owner (you own, lease, or
otherwise control a pedicab or pedicabs) and operate or authorize the operation of one or more
pedicabs for hire to passengers within the City of New York.
This description is only a general explanation of which businesses need to have a Pedicab
Business license.
See next page for QUICK LIST OF APPLICATION REQUIREMENTS.
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Revised 07/2013
QUICK LIST OF APPLICATION REQUIREMENTS:
¨ Basic License Application
¨ Roster of Pedicabs
¨ Proof of Sale or Transfer of Pedicab Registration Plates Affirmation
¨ Pedicab Business Ownership and Family Disclosure Form
¨ Personal and Property Liability Insurance
¨ Pedicab Business Insurance Affirmation
¨ Pedicab Business License Application Affirmation
¨ Records of All Summonses, Complaints, or Notices of Violation and Hearing
¨ Pedicab Policies, Procedures, and Instructional Materials
¨ Child Support Certification Form (if applicable)
¨ Granting Authority to Act Affirmation (if applicable)
¨ License Fee
¨ Pedicab Inspection
See APPLICATION REQUIREMENTS section of this packet for descriptions of the
requirements listed above.
ADDITIONAL CITY OR STATE PERMITS/LICENSES/CLEARANCES
YOU MAY NEED:
•
If you drive or propel a pedicab for hire to passengers within the City of New York, you
must also obtain a Pedicab Driver license.
Note: New York City businesses must comply with all relevant federal, state, and City laws and
rules. All laws and rules of the City of New York, including the New York City Consumer
Protection Law and Rules, are accessible via www.nyc.gov/consumers. For convenience,
sections of the New York City Licensing Law (and Rules, if enacted) are included as a handout
in this packet. The packet includes 2013 law and rule changes. See below. The packet also
includes §1-05 Regulated Uses from the Department of Parks & Recreation. Please see i.
Bicycling and operating Pedicabs.
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New Pedicab Regulations
By law, you must:
• Use a timer to determine rates.
• Post a sign on both exterior sides of the pedicab with the price per minute per ride and
additional information.
• Post a sign on the rear of the bicycle seat with the price per minute per ride.
• Distribute to all passengers a Pedicab Information Card, which includes important
information and serves as a receipt.
Please note that businesses are responsible for knowing and complying with the most current
laws, including any City Council amendments. The Department of Consumer Affairs (DCA) is
not responsible for errors or omissions in the handout provided in this packet. The information is
not legal advice. You can only obtain legal advice from a lawyer.
APPLICATION FILING PROCESS:
There are two ways to submit your application for a Pedicab Business license:
1. Go to www.nyc.gov/BusinessToolbox to submit your application online.
Note: Applying for the license online does not mean the license is automatically
approved. A major credit card is required to submit applications online. A 2.49%
convenience fee applies. Please follow the instructions on the printed confirmation page.
DCA cannot process your license application until you complete all requirements.
2. File in person at the DCA Licensing Center, 42 Broadway, 5th floor, in Manhattan
between 9:00 a.m. and 5:00 p.m. on Monday, Tuesday, Thursday and Friday, and on
Wednesday from 8:30 a.m. to 5:00 p.m.
APPLICATION REQUIREMENTS:
Before You File Your DCA License Application:
You must obtain the following required documents before filing your application. Although
DCA does not require submission of these documents in order to process your application in
person, DCA reserves the right to request and examine the documents under section 20-104 of
the New York City Administrative Code.
•
Applicable Business Certificates Based on Your Business’s Legal Structure.
o Sole Proprietorships operating under a name other than your own must file a
Business/Assumed Name Certificate with the clerk of the county in which your
business is conducted.
o Sole Proprietorships doing business under your own name—and not under a trade
or Doing-Business-As (DBA) name—do not need a Business Certificate.
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o General/Business Partnerships must file your Partnership Certificate with the
clerk of the county in which your business is conducted.
o Corporations, Limited Partnerships, Limited Liability Companies, or Limited
Liability Partnerships must register and remain active with the New York State
Department of State. Active status will be verified by DCA prior to license
issuance. You can confirm the status of your business entity at
http://www.dos.ny.gov/corps/bus_entity_search.html. If applicable, you must also
file an Assumed Name Certificate for your business.
o Businesses incorporated out of state must obtain a Certificate of Doing Business in
Good Standing from your home state’s Secretary of State and file this with an
application for Authority to Conduct Business in New York with the New York
State Secretary of State.
When You File Your DCA License Application:
Below are requirements when filing your license application. If you fail to submit all documents,
your application will be denied.
•
Basic License Application (attached).
•
Roster of Pedicabs (attached).
Pedicab Business applicants can apply for no more than 30 pedicabs.
•
Proof of Sale or Transfer of Pedicab Registration Plates Affirmation.
Proof of Sale
(required for licensed pedicab businesses with fewer than 30 registered pedicabs)
Submit a copy of your bill of sale, sales receipt, or sales contract as proof that you
purchased the pedicab(s) from a DCA-licensed pedicab business. The proof must include
the DCA Registration Plate Number found on each pedicab.
Transfer of Pedicab Registration Plates Affirmation
(required for new Pedicab Business license applicants)
The transferor pedicab business (the business transferring pedicabs to you) must
complete the Transfer of Pedicab Registration Plates Affirmation (attached).
Note: If you apply for a pedicab registration plate lottery and receive an offer to be issued
a pedicab registration plate, you do not need to submit this requirement.
•
Pedicab Business Ownership and Family Disclosure Form (attached).
Note: If you apply for a pedicab registration plate lottery and receive an offer to be issued
a pedicab registration plate, you do not need to resubmit this requirement.
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•
Personal and Property Liability Insurance.
You must submit a copy of the Insurance Certificate for your pedicabs and a copy of the
entire insurance policy that is in full force and effect. The certificate must list each of the
insured pedicabs by Pedicab Identifying Number (PID) or DCA Registration Plate
Number. The insurance policy must cover all drivers and must name the City of New
York as an insured party.
A list of insurance agents is attached. The companies on this list have issued, or certify
that they will issue, pedicab liability insurance policies that comply with New York City
law and rules. The list must not be considered a recommendation of any insurance agent,
or a complete listing. All applicants are advised to investigate and compare these and
other companies. Companies are listed in alphabetical order.
If you obtain insurance covering the entire pedicab business, the minimum insurance
amount is $2,000,000 combined single limit for injury or death of one or more persons,
and damage to or destruction of property, with a maximum of $1,000,000 for each
accident.
If you insure each pedicab individually, the minimum insurance amounts for each
pedicab are:
o $100,000 for personal injury or death of any one person resulting from any one
accident
o $300,000 for personal injury or death of two or more persons resulting from any
one accident, with a $100,000 maximum coverage per person
o $50,000 for property damage
Please Note: You are required to notify DCA within 14 days if your insurance policy is
cancelled, expired, or was terminated for any reason. Notification must be in writing and
submitted in person OR by mail to:
Attn: Special Applications Unit
NYC Department of Consumer Affairs
42 Broadway, 5th Floor
New York, NY 10004
•
Pedicab Business Insurance Affirmation (attached).
•
Pedicab Business License Application Affirmation (attached).
• Records of All Summonses, Complaints, or Notices of Violation and Hearing.
Submit records of all summonses, complaints, or Notices of Violation and Hearing
received by a pedicab driver while operating a pedicab registered to your business. DCA
will verify this information. Failure to submit records can constitute grounds for the
denial of your application.
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• Pedicab Policies, Procedures, and Instructional Materials.
Submit a copy of the policies and procedures and instructional materials you use to train
your pedicab drivers. Note: It is unlawful for pedicab businesses to fail to train pedicab
drivers about the provisions of State and Local Law governing the operation of pedicabs.
See the law included in this packet.
• Child Support Certification Form (attached).
If your business is a SOLE PROPRIETORSHIP or GENERAL or LIMITED
PARTNERSHIP, the proprietor or each individual general partner must submit a Child
Support Certification Form.
• Granting Authority to Act Affirmation (attached).
If this application will be filed by someone other than the license applicant, the person
filing the application must submit a Granting Authority to Act Affirmation.
• License Fee.
Must be paid by credit card, money order, or check. Cards accepted at the DCA
Licensing Center include MasterCard, American Express, and Discover Card. Credit card
payments are subject to a 2.49% convenience fee. Checks or money orders must be
payable to NYC Department of Consumer Affairs. The chart below lists the amount due
depending upon when your license application is filed.
Please note that a 2.49% convenience fee applies if you submit your license
application online. A major credit card is required to submit applications online.
Pedicab Business License
License License
Term
Expiration
Date
If You File Your
Application Between
These Dates:
1 year
From November 2 to
May 2
From May 3 to
November 1
November 1
Your
License Fee
is:
(includes one
registration
plate)
$110
Additional
Fee per
Registration Timer
Plates
Inspection
$60 each
$10 each
$85
OR
*$195
$60 each
$10 each
*If you are applying for the license within three to six months prior to the end of the license
period, you can pay the prorated fee for the license period about to end plus the fee for the new
license period. If you pay both fees, you will not need to renew the license until the end of the
next license period.
Online Applicants: If you submit your license application online between May 3 and November
1, you will be required to pay the combined fee totaling $195. You will not need to renew the
license until November 1 of the next year.
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After You File Your DCA License Application:
Below is information you need to know after submitting your license application.
•
Pedicab Inspection.
DCA will contact you to schedule an appointment to inspect your pedicab(s) at a
designated location. Registration plates will be issued only to pedicabs that are on-site
and that pass inspection during your scheduled appointment. Note: Fee is $10 per pedicab
timer inspection. DCA will bill you for the fee after the inspection.
Be sure to review the Pedicab Inspection Process and Inspection Checklist: Pedicab
Businesses and Drivers (attached) prior to your inspection.
•
Signage Posting and Pedicab Information Card.
Pedicab businesses must post required signs and distribute to passengers a Pedicab
Information Card. Templates for the items listed below are available online at
www.nyc.gov/BusinessToolbox:
o Pedicab Complaint Sign: You must post the pedicab complaint sign in every
pedicab in your fleet.
o Pedicab Rate Sign for exterior: You must post a sign on both sides of the
exterior of the pedicab with the price per minute per ride and additional
information.
o Pedicab Rate Sign for rear of bicycle seat: You must post a sign on the rear of
the bicycle seat with the price per minute per ride.
o Pedicab Information Card: You must distribute to all passengers a Pedicab
Information Card, which includes important information and serves as a receipt.
•
Pedicab Accident Report.
You must submit a written Accident Report (attached) of every accident relating to a
pedicab within 24 hours after the occurrence. If the accident results in death or a person
sustaining an injury that requires medical treatment, you must notify the Department of
Consumer Affairs immediately via phone, fax, and/or e-mail as provided on the Accident
Report.
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Page 1 of 7
BASIC LICENSE APPLICATION
Please print.
Section 1 – All applicants
What is your Business’s legal structure?
 Business/General Partnership
 Corporation
 Limited Liability Company
 Limited Liability Partnership
 Limited Partnership
 Non-Profit
 S-Corporation
 Sole Proprietorship
If your Business’s legal structure is Sole Proprietorship, complete Sections 1, 2, and 4.
If your Business’s legal structure is NOT Sole Proprietorship, complete Sections 1, 3, and 4.
Business Information
Business Name
(The Business Name that you provide must be exactly as filed with the New York State Secretary of State or County Clerk.)
Doing-Business-As (DBA)/Trade Name
(The DBA/Trade Name that you provide must be exactly as filed with the New York State Secretary of State or County Clerk.)
Premises Address (Building Number, Street Name, Apartment/Suite/Other)
City
State
ZIP Code
Country/Region
Borough:
 Bronx
 Brooklyn
 Manhattan
 Queens
 Staten Island
 Outside of NYC
E-mail
(By providing your e-mail address, you consent to receive communications electronically from the Department of Consumer Affairs
(DCA), and you affirm that the e-mail listed is a reliable form of communication for you.)
Phone 1 (Primary)
Phone 2 (Alternate)
(
)
(
)
Employer Identification Number (EIN)
(Required for sole proprietorships with paid employees,
corporations, and partnerships)
-
Text Telephone (TTY Phone)
Fax
(
)
New York State Sales Tax Identification Number or
Certificate of Authority Application Confirmation Number
(You must complete this section if “Sales Tax Identification
Number” is a requirement on your license application
checklist.)
The Sales Tax Identification Number is the 9, 10, or 11-digit number on your
New York State Department of Taxation and Finance Certificate of
Authority. If you have not received your Certificate of Authority, please enter
the 6-digit confirmation number you received when you successfully
submitted the application for a Certificate of Authority.
-- or

Basic License Application, 06/24/2013
Page 2 of 7
Contact Mailing Information
If you want DCA correspondence addressed and mailed to a contact other than the business name and
address provided on page 1, please complete the information below.
First Name
Middle Name (optional)
Title/Position (Check one box only.)
 Chairman
 Director
 Officer
 President
 Secretary
Last Name
 Treasurer
 Trustee
 Vice President
 Other (Please specify.)
Mailing Address (Building Number, Street Name, Apartment/Suite/Other)
City
State
ZIP Code
Country/Region
Providing Social Security Number or Individual Taxpayer Identification Number in Sections 2 and 3 is
voluntary. The City requests this information under the NYC Charter and Administrative Code. This
information will or may be used to allow the City of New York to maintain and update City databases,
to carry out the powers and duties of the Department, and for other purposes necessary to promote
the general welfare.
Section 2 - Sole Proprietorship
Last Name
Suffix
(Jr., Sr., Esq.) (optional)
First Name
Middle Name (optional)
Social Security Number or Individual Taxpayer Identification Number
--
Home Address (Building Number, Street Name, Apartment/Suite/Other)
City
State
ZIP Code
Country/Region
Section 3 – General Partners, Corporate Officers, Shareholders, and Members
You must provide information on all general partners and all corporate officers and each shareholder owning
10% or more of the business applying for a license. Note: Limited Liability Companies must provide
information on all members. Non-Profits must provide information on all officers and all Board of Directors
members. Attach additional sheets if necessary.
Important: If the partner or shareholder is a business (rather than an individual), DCA will verify active status
prior to license issuance. Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability
Partnerships must register and remain active with the New York State Department of State. If you file your
application in person, DCA can print a copy of the partner’s or shareholder’s Certificate of Incorporation
and/or Certificate of Authority to Conduct Business in New York from the New York State Department of
State’s website.
See page 3.
Page 3 of 7
General Partners, Corporate Officers, Shareholders, and Members
Individual #1
Last Name
Suffix
( Jr., Sr., Esq.) (optional)
(optional)
 Chairman
 Director
 Officer
 President
 Secretary
Social Security Number or
Individual Taxpayer Identification Number
Middle Name
First Name
 Treasurer
 Trustee
 Vice President
 Other
% of Ownership
--
City
State
ZIP Code
Country/Region
Individual #2
Last Name
Suffix
( Jr., Sr., Esq.) (optional)
First Name
 Chairman
 Director
 Officer
 President
 Secretary
Social Security Number or
Individual Taxpayer Identification Number
Middle Name
(optional)
 Treasurer
 Trustee
 Vice President
 Other
% of Ownership
--
City
State
ZIP Code
Country/Region
Business #1
Business Name
% of Ownership
-
Mailing Address (Building Number, Street Name, Apartment/ Suite/Other)
City
State
ZIP Code
Country/Region
Borough:
 Bronx
 Brooklyn
 Manhattan
 Queens
 Staten Island
 Outside of NYC
Page 4 of 7
Business #2
Business Name
% of Ownership
-
Mailing Address (Building Number, Street Name, Apartment/ Suite/Other)
City
State
ZIP Code
Country/Region
Borough:
 Bronx
 Brooklyn
 Manhattan
 Queens
 Staten Island
 Outside of NYC
Section 4: Applicant Background Questions – All applicants
Please answer the questions below on behalf of all individuals named on the application (i.e., sole
proprietorships, general partners, corporate officers, shareholders owning 10% or more of company stock,
members, officers, Board of Directors members). Attach additional sheets as necessary.
Some background questions inquire about criminal and/or civil charges. A conviction does not, by itself,
mean you will not get a license. Factors such as the nature and seriousness of the offense, the amount of
time that has passed since the conviction, and your age at the time of the conviction will be considered.
However, your license may be denied if you fail to disclose a conviction in response to the questions.
1.
Has this individual ever been licensed by the New York City Department of
Consumer Affairs (DCA)?
If Yes, provide the following information:
 Yes
 No
 Yes
 No
 Yes
 No
 Yes
 No
DCA License Number
Business/Individual Name
2.
3.
4.
Has this individual ever had a DCA license denied, suspended, or
revoked?
DCA License Number
Has this individual ever been a principal (officer, shareholder, partner,
member) of a DCA-licensed business?
DCA License Number
Is this individual related by blood or marriage to either a current or past
DCA licensee or principal of a DCA-licensed business?
Relationship to Applicant
Relative First Name
Relative Middle Name
Relative Last Name
Relative Suffix
DCA License Number
Page 5 of 7
If you answer Yes for Questions 5 to 10, please include the requested description and attach all
relevant documents to this application.
NOTE: Description should include the date of conviction, the nature of the incident, persons involved, and
the outcome. Please include convictions for which you might have been imprisoned or fined even if, in fact,
you only had to perform community service or were put on probation. You may omit parking violations and
offenses that resulted in a finding of juvenile delinquency, youthful offender, wayward minor, or person in
need of supervision.
5.
Has this individual ever pled guilty or been found guilty of a crime, offense,
or violation?
If Yes, please describe the crime, offense, or violation.
6.
Is there any criminal charge pending against this individual?
If Yes, please describe the circumstances of the arrest.
7.
Is there any civil charge (including administrative charge) pending against
this individual?
If Yes, please describe the charge(s).
8.
Does this individual/individual’s business owe fines or restitution?
If Yes, please describe all obligations (fines or restitution) not satisfied in
full.
9.
Has any court rendered a judgment against this individual/individual’s
business?
If Yes, please describe the court judgment.
 Yes
 No
 Yes
 No
 Yes
 No
 Yes
 No
 Yes
 No
Page 6 of 7
10. Is there a judgment against this individual/individual’s business that has not
been paid in full for 30 days or more?
If Yes, please describe the judgment.
 Yes
 No
PREPARER’S STATEMENT – Please check the box if the statement applies to you.
I am not the license applicant. I am an authorized representative for the license applicant, and I will
submit a Granting Authority to Act Affirmation completed by the license applicant.
Page 7 of 7
AFFIRMATION – Please read and sign below.
I am authorized to complete and submit this application and all attachments (together, the "Application"). I
have reviewed the entire Application. To the best of my knowledge, this Application is true, correct, and
complete.
If any of the information in this Application changes, the applicant must inform the Department of Consumer
Affairs of those changes. I also understand that the applicant must comply with all relevant laws and rules if
granted a license to operate.
I understand that the Department of Consumer Affairs has not yet considered this Application. The applicant
will not operate the business until receipt of an actual license document from the Department of Consumer
Affairs or until / unless the Department of Consumer Affairs has given written permission to operate while this
Application is pending. This affirmation shall be deemed executed in the City and State of New York and
shall be governed by and construed in accordance with the laws of the State of New York (notwithstanding
New York choice of law or conflict of law principles) and the laws of the United States.
I affirm that these statements are true and correct.
PENALTY FOR FALSE STATEMENTS: It is against the law to make a statement in this Application that you
know is false. If you make a statement that you know is false, you may be punished.
Under Sections 210.45 and 175.30 of the New York Penal Law, you may be:
▪ fined up to $1000 and / or
▪ sent to jail for up to one year
Under Section 175.35 of the New York Penal Law, you may be punished if you:
▪ make a statement that you know is false and / or
▪ make the statement because you intend to mislead the Department of Consumer Affairs
Under Section 175.35 of the New York Penal Law, you may be:
▪ fined up to $5000 or
▪ fined an amount that is twice the amount of money you received by making the false statement and /
or
▪ sent to jail for up to 4 years
The Department of Consumer Affairs may also punish you for making a false statement on this Application.
These punishments may include:
▪ fines or penalties of up to $500 for each false statement
▪ permanent loss (revocation) of your license
By signing below, I understand and agree that:
▪ I am swearing or affirming that I have told the truth on this Application.
____________________________________
Signature
________________________________
Title/Position (if any)
____________________________________
Print Full Name
________________________________
Date
If you are not registered to vote, would you like to register here today?
 YES  NO
Whether you apply to register to vote or not, it will not affect the assistance DCA will provide to you. If you
wish, we will help you in filling out the voter registration application.
OFFICE USE ONLY
License Number: _______________
CAMIS Number: _______________
42 Broadway
5th Floor
New York, NY 10004
Dial 311
(212-NEW-YORK)
ROSTER OF PEDICABS
Pedicab Business Name: ____________________________________________
Business Address: _________________________________________________
nyc.gov/consumers
Contact Name: ____________________________________________________
Contact’s Telephone Number: ________________________________________
Contact’s E-mail Address: ___________________________________________
Instructions
List below the Pedicab Identifying Number (PID) and DCA Registration Plate Number
of each pedicab that you own. Note: Each pedicab you list must have a unique and
permanently affixed PID.
After you submit your complete application package, DCA will contact you to schedule
an inspection of your pedicab(s) at a designated location. You must pass the inspection
before you can operate the pedicab(s).
Note:
Pedicab Business applicants can apply for no more than 30 pedicabs.
If you bring more than 10 pedicabs for inspection, please arrive with additional staff
from your business to help speed processing.
Pedicab Pedicab Identifying Number
(PID)
1
2
3
4
5
6
7
Continued on next page.
DCA Registration Plate
Number
Pedicab Pedicab Identifying Number (PID)
DCA Registration Plate Number
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
________________________________
_____________________________
_____________
Signature of Contact Person
Contact’s Title
Date
________________________________
_____________________________
DCA Staff Initials
Date
42 Broadway
5th Floor
New York, NY 10004
TRANSFER OF PEDICAB
REGISTRATION PLATES AFFIRMATION
Dial 311
(212-NEW-YORK)
The business that is transferring pedicab registration plates must complete this
form.
nyc.gov/consumers
TRANSFEROR INFORMATION
Pedicab Business transferring pedicab registration plate(s)
Business Name:
Business Address:
DCA License Number:
Contact Name:
Telephone Number:
TRANSFEREE INFORMATION
Pedicab Business that will receive the pedicab registration plate(s) upon DCA
approval
Business Name:
Business Address:
DCA License Number
(if available):
More
Instructions
List below the Pedicab Identifying Number (PID) and DCA Registration Plate Number of each pedicab
that you plan to transfer to another business. Note: Each pedicab you list must have a unique and
permanently affixed PID.
Pedicab
Pedicab Identifying Number
(PID)
DCA Registration Plate Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
More
Please read carefully. Check the boxes and sign the affirmation.
 I shall transfer the registration plate(s) of the pedicab(s) listed to the Transferee immediately upon
DCA’s approval of the Transferee’s application for a Pedicab Business license. New York City
Administrative Code sections 20-252 and 20-255(g)
 My business shall maintain insurance for the pedicab(s) listed until the transfer is completed. New
York City Administrative Code section 20-253
 I affirm that I am the owner of the pedicab business or an agent duly authorized by the owner to
complete and submit this form. I am responsible for the entries made. I also affirm that I have personally
reviewed all of the information entered, and it is true, correct, and complete to the best of my knowledge.
PENALTY FOR FALSE STATEMENTS: It is against the law to make a statement in this document
that you know is false. If you make a statement that you know is false, you may be punished.
▪ fined up to $1,000 and / or
▪ fined up to $5,000 or
▪ fined an amount that is twice the amount of money you received by making the false statement
and / or
The Department of Consumer Affairs may also punish you for making a false statement on this
Application. These punishments may include:
____________________________________
Signature of Contact Person
_____________
Date
____________________________________
DCA Staff Initials
_____________
Date
42 Broadway
5th Floor
New York, NY 10004
Dial 311
(212-NEW-YORK)
PEDICAB BUSINESS OWNERSHIP AND
FAMILY DISCLOSURE FORM
PART ONE: APPLICANT INFORMATION
nyc.gov/consumers
Business Name:
Business Address:
DCA License Number (if applicable):
Telephone Number:
PART TWO: OWNERSHIP DISCLOSURE
List the names of all owners of the business applying for a license and indicate if each
owner has a beneficial interest in another pedicab business that is licensed by the
Department of Consumer Affairs (DCA). Partnerships must list the names of all general
and limited partners. Corporations must list the names of all corporate officers and
shareholders. Limited Liability Companies must list the names of all members. Attach
additional papers as necessary.
Full Name of Pedicab
Business Owner
Does individual have
ownership in a pedicab
business other than the
business named above?
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
If Yes, please provide the
name of the pedicab
business and its DCA
license number.
1
Revised 06/2010
PART THREE: OWNERS’ FAMILY MEMBERS
List the names of the living members of the owners’ immediate family. Attach additional papers as necessary.
Full Name of Pedicab
Business Owner’s Family
Member
Relationship to Pedicab
Owner (e.g., spouse,
parent, child, sibling,
etc.)
Does individual have
ownership in a pedicab
business other than the
business named above?
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
F Yes
F No
If Yes, please provide the
name of the pedicab business
and its DCA license number.
I understand that falsification of any statement made herein is an offense punishable by a fine or imprisonment or both.
_______________________________
___________________________
Signature
Print Name
_______________________________
___________________________
Title (if any)
Date
2
Revised 06/2010
Insurance Agent List
For Pedicab Businesses Operating in New York City
The insurance agencies listed below have issued, or certify that they will issue, pedicab
business liability insurance policies that:
1) comply with the requirements of New York City Administrative Code section 20-253
2) do not exclude pedicab drivers with foreign driver licenses
3) do not exclude pedicab drivers ages 18 to 21
4) cover pedicab drivers who rent pedicabs or are engaged as independent contractors
Note:
This list must not be considered a recommendation of any insurance agent, or a complete
listing. Companies are listed in alphabetical order.
All pedicab businesses are advised to investigate and compare these and other insurance
agents. Pedicab businesses may obtain insurance from an agent of their choosing; however,
the policy must comply with Administrative Code section 20-253 and provide legally required
coverage for the business’s unique circumstances and risks.
Lester Kalmanson Agency, Inc.
P.O. Box 940008
Maitland, FL 32794-0008
Telephone: (407) 645-5000
Fax: (407) 645-2810
email: [email protected]
Web site: www.lkalmanson.com
Nielsen Insurance Agency
12587 SW 68th Ave
Tigard, OR 97223
Telephone: (503) 684-6598
Web site: www.pedicabinsurance.com
Contact: Dan Robinson, Mike Nielsen & Taira Stronach
Russell Bond & Co., Inc.
866 Ellicott Square Building
295 Main Street
Buffalo, NY 14203
Telephone: (800) 333-7226
Fax: (800) 677-6779
E-mail: [email protected]
Revised 10/2010
42 Broadway
5th Floor
New York, NY 10004
PEDICAB BUSINESS
INSURANCE AFFIRMATION
Dial 311
(212-NEW-YORK)
Business Name: _________________________________________________
nyc.gov/consumers
Business Address: _______________________________________________
I, _____________________________________, am an/the (circle one) owner of
(Owner Name)
______________________________________________________ and I am
(Company Name, hereafter Company)
authorized to execute this affirmation on behalf of Company and all owners of the
Company.
Please read carefully. Initial each paragraph and sign the affirmation.
_______ I have read section 20-253 of the New York City Administrative Code
(“the Code”) and I understand that I am required to maintain liability insurance
coverage during the full term of my pedicab business license for the amounts
stated in the Code. I understand that it is my responsibility to read my
insurance policy to make sure that it complies with section 20-253 of the Code.
_______ I understand that my insurance policy must cover all drivers
authorized to operate my pedicabs including, if applicable, pedicab drivers who
lease or rent my pedicabs, pedicab drivers engaged as independent
contractors, pedicab drivers under age 21, pedicab drivers who possess a
foreign motor vehicle driver license, and pedicab drivers with moving vehicle
violations.
_______ I have submitted to the Department a copy of my insurance policy
that is and will be in full force and effect during this license period and that
meets all the requirements under the pedicab law. If my insurance policy is not
available when I submit my application, I will submit it as soon as I receive it
from my insurance company, but no later than 90 days after submitting my
license renewal application. I understand that failure to timely submit my
insurance policy may result in the voiding of my pedicab business license and
registration plates.
_______ I understand that my pedicab business license and registration plates
will become void if my insurance lapses for any reason. I also understand that
operation of my pedicab(s) without the required insurance may result in seizure
of my pedicab(s), revocation of my license, and fines.
_______ I understand that I must notify the Special Application Unit of the Department of
Consumer Affairs at 42 Broadway, New York, NY 10004, if my insurance policy is cancelled,
amended, modified, or substituted, within fourteen days of notice from my insurance provider. I
understand that failure to provide this notification may result in seizure of my pedicab(s),
revocation of my license, and fines.
AFFIRMATION
I affirm that I am authorized to complete and submit this affirmation. I also affirm that I have
personally reviewed all of the information entered in this affirmation and it is true, correct, and
complete to the best of my knowledge.
PENALTY FOR FALSE STATEMENTS: It is against the law to make a statement in this
document that you know is false. If you make a statement that you know is false, you may be
punished.
▪ fined up to $1,000 and / or
▪ fined up to $5,000 or
▪ fined an amount that is twice the amount of money you received by making the false
statement and / or
The Department of Consumer Affairs may also punish you for making a false statement on this
Application. These punishments may include:
__________________________________________
Signature
_________________________
Date
42 Broadway
5th Floor
New York, NY 10004
Dial 311
(212-NEW-YORK)
PEDICAB BUSINESS
LICENSE APPLICATION AFFIRMATION
Business Name: ___________________________________________________
nyc.gov/consumers
Business Address: _________________________________________________
I, _______________________________________, am an/the (circle one) owner of
(Owner Name)
______________________________________________________ and I am
(Company Name, hereafter Company)
authorized to execute this affirmation on behalf of Company and all owners of the
Company.
Please read carefully. Initial each paragraph and sign the affirmation.
_______ Neither Company nor any owner of the Company shall hold more than 30
pedicab registration plates at any one time, whether as a result of application to the
Department of Consumer Affairs (DCA) for such plates or transfer of registration
plates from another business owner.
_______ Neither Company nor any owner of the Company shall apply for pedicab
registration plates or for permission for the transfer of registration plates if the total
number of Company’s and any owner’s pedicab registration plates together would
exceed 30 if DCA issued such plates or granted permission for the transfer.
_______ No owner of the Company has a direct or indirect beneficial interest in
one or more other pedicab businesses and the businesses together do not have more
than 30 pedicab registration plates.
_______ None of Company owners’ family members have a direct or indirect
beneficial interest in one or more other pedicab businesses and the businesses
together do not have more than 30 registration plates.
_______ No person who has a direct or indirect beneficial interest in Company
has a direct or indirect beneficial interest in one or more other pedicab
businesses and the businesses together do not have more than 30 registration
plates.
_______ No family member of a person who has a direct or indirect beneficial interest in Company has a
direct or indirect beneficial interest in one or more other pedicab businesses and the businesses together do
not have more than 30 registration plates.
AFFIRMATION
I affirm that I am authorized to complete and submit this affirmation. I also affirm that I have personally
reviewed all of the information entered in this affirmation and it is true, correct, and complete to the best
of my knowledge.
PENALTY FOR FALSIFICATION
Any false statement on this affirmation is a crime punishable by a fine, imprisonment, or both. Each false
statement is punishable by a fine as high as $1,000.00 if prosecuted criminally. In addition, a fine for each
false statement, as high as $500.00, may be imposed by DCA.
I also understand that failure to provide true and accurate information on this affirmation could be grounds
for license revocation and voiding of plates above the maximum number.
__________________________________________
_________________________
Signature
Date
Human Resources Administration
Office of Child Support Enforcement
M-522
Rev 05/10
Child Support Certification
Certification pursuant to General Obligations Law Section 3-503(2)
Personal information
Last name
First name
Social Security Number or ITIN
Date of Birth
Street address
Apt. number
City
State
Zip code
State
Zip code
/
/
Employer information
Business name
Street address
City
(Choose #1 or# 2, and put an “X” in the box in front of the applicable statement.)
1.
2.
I am not under a court or administrative order to pay child support. OR
I am under an obligation to pay child support.
My child support account number[s] (if applicable):
(If you chose #2, put an “X” in front of the applicable statement.)
a.
b.
I do not owe arrears equal to 4 months or more of child support payments.
I have arrears equal to 4 months or more of child support payments, and one of the following
statements applies to me (check the appropriate boxes):
I am making payments by income execution or by court agreed payment/repayment plan or by
a plan agreed to by the parties.
My child support obligation is the subject of a pending court proceeding.
I am currently in receipt of Public Assistance or Supplemental Security Income.
My case number is: _____________________________________.
c.
I have arrears equal to 4 months or more of child support payments and none of the above statements
in “B” apply to me.
I hereby do solemnly swear under oath and subject to penalty of perjury that the information provided by me in this certificate
is true and accurate to the best of my knowledge.
Signature
Date
The intentional submission of false written statements for the purpose of frustrating or defeating payment of support is punishable pursuant to
Section 175.35 of the penal law. Persons who are four months or more in arrears in child support or who have failed to comply with a summons,
subpoena or warrant relating to a paternity or child support proceeding may be subject to suspension of their business, professional, drivers, and/or
recreational license and permits including, but not limited to, license issued pursuant to section 11-0713 of the environmental conservation law.
If you are experiencing difficulties obtaining a NYC license, permit, certificate or registration because of an outstanding
child support problem, please come to OCSE’s Customer Service Walk-In Center
and you may receive assistance in resolving your problem:
The New York City Office of Child Support Enforcement Customer Service Walk-In Center
151 West Broadway, 4th Floor, New York, NY 10013 (between Worth St. and Thomas St.)
Monday – Friday 8 a.m. – 7 p.m.; Saturday 9 a.m. – 5 p.m.
Granting Authority to Act Affirmation
________________________________________ affirms the truth of the following:
(Applicant Name)
1. I am the _______________________ of ___________________________________
(State relationship to business)
(Name of business as it appears on your Business or
Partnership Certificate, or Certificate of Incorporation
or Filing Receipt. If you are applying for an
Individual-based license, please enter “N/A”.)
which is located at ____________________________________________ and whose
(Street Address, Borough, State, and Zip Code)
telephone number and email address are ______________ and ________________.
(Area code & Number)
2.
(Email Address)
I hereby authorize _______________________ of ___________________________
(Full name of designated
representative)
(Full name of representative’s business)
who maintains an office/resides at _______________________________________
(Street Address, Borough, State, and Zip Code)
and whose telephone number and email address are ______________________ and
(Area code & Number)
__________________ to represent me before the license, permit, or certificate
(Email Address)
issuing Agency in regard to the preparation and submission of an application for the
following license(s), permit(s) or certificate(s):
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
3. I understand that I will be legally bound by the representations made in said
applications and will be held responsible by the license, permit, or certificate issuing
Agency for any inaccuracies or misrepresentations.
4. I understand that this affirmation will expire 180 days from the date I sign and date
this form.
5. I understand that I may revoke (withdraw) the Granting Authority to Act by calling
311 and asking for assistance revoking a Granting Authority to Act. A 311 call taker
will advise me on how to notify the relevant issuing Agencies about revocation, and I
will be responsible for notifying the relevant issuing Agencies of each application to
which the revocation applies. Revocations may only be made prior to issuance of the
applicable license, permit or certificate.
______________________________
Signature
______________________________
Print Name
____________________
Date
42 Broadway
New York, NY 10004
PEDICAB INSPECTION PROCESS
Dial 311
(212-NEW-YORK)
After you submit your complete application for a Pedicab Business license, DCA
will contact you to schedule an inspection of your pedicab(s) at a designated
location. Registration plates will be issued only to pedicabs that are on-site and
that pass inspection during your scheduled appointment.
nyc.gov/consumers
Important:
If you bring more than 10 pedicabs for inspection, please arrive
with additional staff from your business to help speed processing.
If you do not use a flatbed or other mode of transportation to
deliver pedicabs to the inspection site, you must ensure your pedicab
drivers are licensed if they drive or propel pedicabs to the inspection site.
There is a $10 fee per pedicab timer inspection. DCA will bill you for
the fee after the inspection.
If you fail to appear with your pedicab(s) at the scheduled
appointment time, you will be charged a $55 fee for each pedicab that
requires inspection. You must pay the fee at the DCA Licensing
Center, located at 42 Broadway, New York, NY
10004, before a new inspection will be scheduled. You must also
submit a Pedicab Reinspection Form. Once payment is made, DCA
will contact you to reschedule inspection of your pedicab(s).
If your pedicab(s) fail inspection, you will be charged a $55 fee for each
pedicab that requires reinspection. You must pay the fee at the DCA
Licensing Center before a reinspection will be scheduled. You must
also submit a Pedicab Reinspection Form and a copy of the
Certificate of Inspection (received at the inspection site) for each
pedicab listed on the Certificate and the inspection fee(s). Once
payment is made, DCA will contact you to schedule reinspection of your
pedicab(s).
Please refer to the Inspection Checklist: Pedicab Businesses and Drivers for
information on what our inspectors look for during inspection.
Inspection Checklist:
Pedicab Businesses and Drivers
Does your business own pedicabs?
Do you drive a pedicab?
Use this checklist to learn what our inspectors look for and help avoid violations. All businesses also
must comply with the General Retail Inspection Checklist, which is included at the end for easy reference.
Requirement
Do you meet this
requirement?
Licenses
1
Pedicabs must have a current registration plate (sticker).
Yes
2
Pedicab drivers must have a valid DCA Pedicab Driver license.
Yes
3
While operating a pedicab, pedicab drivers are required to wear their DCA
Pedicab Driver license so it is visible to passengers and enforcement officers
(e.g., Police officers, Parks Department officers, and DCA inspectors).
Yes
4
Pedicab drivers must have a valid motor vehicle driver’s license.
Yes
Pedicab and Equipment
5
A valid Pedicab Identifying Number (PID) must be permanently marked on the
pedicab’s unibody frame. The PID should match the PID listed on the Roster of
Pedicabs submitted to DCA.
Yes
6
Pedicabs are not electrically powered or use motor-operated mechanisms.
Yes
7
Pedicabs must have three (3) or more wheels.
Yes
8
Pedicabs have a unibody frame for the entire vehicle that is a maximum width of
55 inches and a maximum length of 10 feet.
Yes
9
Pedicabs must have each of the following:
Yes
One seatbelt for all passengers or individual seatbelts for each passenger
Reflectors on the spokes of every wheel and on the wheel covers, if used
Operational battery-powered headlights, battery-powered taillights, and
turn lights
An audible signaling device such as a horn or a bell
An operational hydraulic, mechanical disc, or drum brake system
An operational secondary or emergency brake system
1 of 5
Updated 07/03/2013
Do you meet this
requirement?
Requirement
10
The pedicab must have a timer with an inspection seal, and the timer must be
visible to all passengers during the ride.
Yes
Tip: You cannot use a cell phone as a timer.
Rates
11
The rates for rides can be per minute per ride only.
Yes
12
Pedicab drivers can start the timer only after passengers are seated in the
pedicab and the ride starts, and they can stop the timer when the ride has
reached its destination and the pedicab is fully stopped.
Yes
13
Pedicab drivers cannot charge passengers:
Yes
Taxes
Additional fees
Additional fees for additional passengers
More than the rates posted on the pedicab
Different rates per minute
Rate Signs
14
Rate signs must be clearly posted on both sides of the exterior of the pedicab
so passengers can see the signs before entering the pedicab. The sign must:
Yes
State the dollar amount charged per minute per ride in letters and numbers
at least 2 inches high in bold type
State in letters and numbers at least ½ inch high in bold type:
No additional fees may be charged
Driver must give passengers a Pedicab Information Card
Be laminated or protected by clear plastic so they are weatherproof
Tip: Download the editable template (shown below) from
nyc.gov/BusinessToolbox.
PER
MINUTE PER
RIDE
NO ADDITIONAL FEES
MAY BE CHARGED.
DRIVER MUST GIVE
PASSENGERS A PEDICAB
INFORMATION CARD.
(sign for both sides of the exterior of the pedicab)
2 of 5
Updated 07/03/2013
Do you meet this
requirement?
Requirement
15
A rate sign must be attached to the rear of the bicycle seat. The sign must:
Yes
Be visible at all times to passengers seated in the pedicab
Not be blocked in any way
Be laminated or protected by plastic so it is weatherproof
State the charge per minute per ride in letters and numbers at least 2
inches high
PER
MINUTE
PER RIDE
(sign for rear of bicycle seat)
Interior Signs
16
A clearly visible sign must be posted in the interior of the pedicab containing the
information listed below with all words at least ½ inch high in bold type:
Yes
Pedicab business name
Pedicab business telephone number
Pedicab registration number
DCA complaint contact information
LICENSEE:
_______________________________
_______________________________
TELEPHONE NUMBER: __________________
PEDICAB REGISTRATION
NUMBER: _________________
IF YOU HAVE A COMPLAINT ABOUT
THIS BUSINESS, CONTACT THE
NYC DEPARTMENT OF CONSUMER
AFFAIRS AT 311 (212-NEW-YORK
OUTSIDE NYC) OR
NYC.GOV/CONSUMERS.
17
A copy of the Pedicab Driver license must be posted in the interior of the
pedicab and visible to passengers during the ride.
3 of 5
Yes
Updated 07/03/2013
Do you meet this
requirement?
Requirement
Pedicab Information Card
18
Pedicab drivers must hand a Pedicab Information Card to each passenger
before the passenger enters the pedicab.
Yes
Tip: The Pedicab Information Card cannot be sent by email, text, or other
electronic means.
19
Pedicab drivers must use the official Pedicab Information Card created by DCA.
Yes
Tip: Download the Pedicab Information Card (shown below) from
All pedicabs shall display a sign disclosing the price to be
charged per minute per ride on the exterior of the pedicab
and the rear of the bike seat. Look for the DCA-sealed and
approved timer, which must be in full view, and which
records total ride time.
All pedicabs shall display a sign disclosing the price to be
charged per minute per ride on the exterior of the pedicab
and the rear of the bike seat. Look for the DCA-sealed and
approved timer, which must be in full view, and which
records total ride time.
Drivers are not permitted to charge tax. It is illegal for a
pedicab driver to charge any added fees, including fees for
additional passengers. A gratuity is not required.
Drivers are not permitted to charge tax. It is illegal for a
pedicab driver to charge any added fees, including fees for
additional passengers. A gratuity is not required.
If you have a complaint about this business, contact the
NYC Department of Consumer Affairs (DCA) at 311
(212-NEW-YORK outside NYC) or www.nyc.gov/consumers.
If you have a complaint about this business, contact the
NYC Department of Consumer Affairs (DCA) at 311
(212-NEW-YORK outside NYC) or www.nyc.gov/consumers.
Date:
Date:
Rate Per Minute:
Rate Per Minute:
Total Number of Minutes:
Total Number of Minutes:
Total Charge for Ride:
Total Charge for Ride:
Pedicab Driver Name:
Pedicab Driver Name:
DCA Pedicab Driver License #:
DCA Pedicab Driver License #:
Pedicab Business Name:
Pedicab Business Name:
Business Address:
Business Address:
Business Telephone Number:
Business Telephone Number:
DCA Pedicab Business License #:
DCA Pedicab Business License #:
Pedicab Registration Plate #:
Pedicab Registration Plate #:
Tip: Print the Pedicab Information Card in Landscape Orientation on
white Standard US Letter paper. A sheet of paper includes 2
Pedicab Information Cards. Cut where indicated.
20
Pedicab drivers must ensure that each Pedicab Information Card provided to
a paying passenger is complete, accurate, and legible.
Yes
21
Pedicab drivers must have sufficient copies of the Pedicab Information Card to
give to passengers, and must show copies to enforcement officers (e.g., Police
officers, Parks Department officers, and DCA inspectors) upon request.
Yes
Advertisements
22
Advertisements cannot be posted on the panel of the pedicab where a rate sign
is also posted.
Yes
23
Advertisements cannot be reflective, illuminated, or animated, and they cannot
extend beyond the panel of the pedicab on which they are posted.
Yes
4 of 5
Updated 07/03/2013
Do you meet this
requirement?
Requirement
Driving Violations
24
No more than three passengers can ride in a pedicab at once.
Yes
25
Passengers cannot stand in a pedicab while it is moving.
Yes
26
Pedicab drivers cannot operate on bridges, tunnels, in bicycle lanes, or in
pedestrian plazas.
Yes
42 Broadway
New York, NY
10004
Visit nyc.gov and
search “Business
Toolbox”
New York City businesses must comply with all
relevant federal, State, and City laws and rules,
which are available in DCA’s Business Toolbox.
Businesses are responsible for knowing and
complying with current regulations that affect
their business.
Contact 311
(212) NEW-YORK
(Outside NYC)
5 of 5
Updated 07/03/2013
General Retail
Does your business sell goods or services?
Use this checklist to learn what our inspectors look for and help avoid violations:
Requirement
Do you meet this
requirement?
Price Lists for Services
1
A price list with the types of services and the prices of those services must be
displayed.
Yes
2
The price list must be clearly posted or clearly displayed near the cash register
and/or at the place(s) where orders are placed.
Yes
3
If the price list states a minimum charge (e.g., “from $ . . .”) or states a price
“and up,” it must state the reason for the different prices and include the range
of prices.
Yes
4
If there is a sale or promotion, the pre-sale prices must also be posted for
comparison.
Yes
5
Prices for services cannot be based on gender.
Yes
Tip: Words like “men’s,” “women’s,” and “ladies’” cannot be used to
describe the price; the difference must be described in a gender
neutral way. (Example: Above the shoulder hair = $15; Below the
shoulder hair = $30)
Tip: Instead of listing prices for shirts and blouses, the price must be
described based on physical differences between the shirts.
(Example: sequins, ruffles, fancy buttons)
Pricing for Goods
6
All items offered for sale must have a clearly visible price.
Yes
7
For most items, the price must be attached to the item or on a sign where the
item is displayed.
Yes
8
If your store’s annual revenue is more than $2 million or you are a chain store,
you must individually price most food products, as well as paper products,
detergents, soaps, nonprescription drugs, and health and beauty aids.
Yes
9
Milk; eggs; fresh produce; snack foods that are less than 5 ounces; frozen
foods; jars of baby food; and items that are less than 3 cubic inches, under 3
ounces and under $1 do not have to be individually priced, but must have shelf
prices.
Yes
1 of 4
General Retail
Requirement
Do you meet this
requirement?
Signs
10
Sale signs that advertise a percent discount—example: 20-50% off—must state
the minimum percent discount.
Yes
Tip: Both the minimum and maximum numbers must be of equal size.
20-50%
OFF
11
-50%
OFF
20
Sale signs cannot contain any of the following phrases:
Yes
“Our list price”
Below “manufacturer’s wholesale cost”
“Manufacturer’s cost”
12
Businesses that sell goods and services must post a refund policy.
Yes
Tip: A refund policy must be posted at each register, point of sale, or
at each entrance.
Tip: Even if the policy is not to give refunds, a sign must be posted
stating “No Refunds.”
13
The refund policy must state any and all conditions or limitations to getting a
refund. For example:
Businesses must disclose any fees charged for refunds, such as
“restocking fees.”
If a business will not provide refunds for “as is” items, it must disclose that.
Businesses must also disclose whether the refund will be in cash, credit,
or store credit only.
If proof of purchase is required for a refund, the sign must say so.
A business that chooses not to offer refunds must post a sign that states,
“No Refund,” or words to that effect.
The sign must state that a written copy of the store’s refund policy is
available on request.
2 of 4
Yes
General Retail
Requirement
14
Do you meet this
requirement?
If there are limitations on using credit cards, such as minimum purchase
amounts, the policy must be clearly posted near the register and the entrance.
Yes
Receipts
15
Receipts must be given to customers for purchases over $20 and upon request
for purchases between $5 and $20.
Yes
Tip: This does not apply to food and drink that is meant to be consumed
on the premises.
16
The receipt must include each of the following:
Yes
Date of purchase
Amount paid for each item
Total amount paid
Separate statement of tax
Name and address of store
17
Receipts for electronics that cost more than $100 must also include the make
and model number of the item.
Yes
Price Accuracy
18
When items are scanned, the price must match the lowest item price, shelf
price, sale price, or advertised price.
Yes
19
If no scanners are used, the price at checkout must still match the lowest item
price, shelf price, sale price, or advertised price.
Yes
20
Tax cannot be charged on tax-exempt items.
Yes
Tip: Check with the New York State Department of Taxation and Finance
for a complete list of which items are exempt.
3 of 4
General Retail
Requirement
Do you meet this
requirement?
Layaway Plans
21
If layaway is offered, each of the following written disclosures must be
provided to consumers prior to accepting any payments over $50 in 4
installments or more:
Yes
Description of the item, including name, brand, color, and model number
Total cost of the item including tax
Charge to use layaway and any cancellation fee
Duration of the layaway plan
Payment schedule and any consequences of missed payments
Refund policy
Notice of whether or not the item won’t be removed from inventory until a
certain number of payments have been made
Example 1: NOTICE: NO MERCHANDISE WILL BE REMOVED FROM
INVENTORY UNTIL X% OF THE PURCHASE PRICE HAS BEEN PAID.
Example 2: ATTENTION: YOUR SELECTION OF MERCHANDISE WILL
NOT BE ORDERED UNTIL YOU HAVE MADE YOUR NEXT TO FINAL
PAYMENT.
Expired Over-the-counter Medication
22
It is illegal to sell over-the-counter medication after the expiration date on the
label.
42 Broadway
New York, NY
10004
Visit nyc.gov and
search “Business
Toolbox”
Yes
New York City businesses must comply with all
relevant federal, State, and City laws and rules,
which are available in DCA’s Business Toolbox.
Businesses are responsible for knowing and
complying with current regulations that affect
their business.
Contact 311
(212) NEW-YORK
(Outside NYC)
4 of 4
42 Broadway | New York, NY 10004 | nyc.gov/consumers
PEDICAB ACCIDENT REPORT
PEDICAB DRIVER:
If you are involved in an accident during which someone is killed or is injured and requires medical treatment, you must immediately:
1) Call 911 to report the accident. AND
2) Notify the pedicab business owner. AND
3) Provide your name, address, and information about liability insurance coverage to any person sustaining physical injury or property
damage in the accident.
PEDICAB BUSINESS OWNER:
As soon as you are notified that one of your pedicab drivers has been involved in an accident during which someone was killed or was injured
and requires medical treatment, you must immediately:
1) Call the Pedicab Emergency Hotline at (212) 487-8768 to notify the Department of Consumer Affairs (DCA) about the time and
location of the accident and any deaths or injuries requiring medical treatment.
IMPORTANT: Within 24 hours of any accident, BOTH THE PEDICAB DRIVER AND PEDICAB BUSINESS OWNER must jointly sign
and submit this form to DCA by e-mail to [email protected] or by fax to (718) 935-6516. Failure to do so may result in fines
and/or license suspension or revocation.
PEDICAB BUSINESS LICENSEE INFORMATION
Name of Pedicab Business (Licensee):
Address:
DCA Pedicab Business License Number:
Owner, Principal, or Officer Name:
Telephone Number:
Pedicab Registration Plate Number:
Pedicab Identifying Number (PID):
Manufacturer:
PEDICAB DRIVER LICENSEE INFORMATION
Name of Pedicab Driver (Licensee):
DCA Pedicab Driver License Number:
Telephone Number:
ACCIDENT INFORMATION
Date of Accident:
Approximate Time of Accident:
Place Where Accident Occurred:
1. Was anyone killed in the accident? □ Yes □ No
•
If Yes, print the name, telephone number, and address of the person(s) below, if known:
2. Did anyone sustain an injury requiring medical attention? □ Yes □ No
•
If Yes, print the name, telephone number, and address of the injured person(s) below and describe the nature of the injuries:
3. Was any property damaged, including the pedicab? □ Yes □ No
•
If Yes, print the name of the property owner, telephone number, and address below, with a brief description of the damaged property:
ACCIDENT INFORMATION (Continued)
Briefly describe how the accident occurred:
Describe actions taken after the accident:
WITNESSES
Name of Witness:
Address of Witness:
Telephone Number:
Name of Witness:
Address of Witness:
Telephone Number:
PEDICAB OWNER AFFIRMATION – Please read and sign below.
I affirm that I am the owner of the pedicab business or an agent duly authorized by the owner to complete and submit this form. I am responsible for the entries
made. I also affirm that I have personally reviewed all of the information entered, and it is true, correct, and complete to the best of my knowledge
Name of Pedicab Owner or Agent (Print):
Signature:
Date:
PEDICAB DRIVER AFFIRMATION – Please read and sign below.
I affirm that I am the pedicab driver involved in the accident described in this form. I am responsible for the entries made. I also affirm that I have personally
reviewed all of the information entered, and it is true, correct, and complete to the best of my knowledge.
Name of Pedicab Driver (Print):
Signature:
Date:
PENALTY FOR FALSE STATEMENTS: It is against the law to make a statement in this form that you know is false. If you make a statement that you know is
false, you may be punished.
▪
fined up to $1000 and / or
▪
sent to jail for up to one year
▪
make a statement that you know is false and / or
▪
make the statement because you intend to mislead the Department of Consumer Affairs
▪
fined up to $5000 or
▪
fined an amount that is twice the amount of money you received by making the false statement and / or
▪
sent to jail for up to 4 years
The Department of Consumer Affairs may also punish you for making a false statement on this form. These punishments may include:
▪
fines or penalties of up to $500 for each false statement
▪
permanent loss (revocation) of your license
07/2013
DEPARTMENT OF CONSUMER AFFAIRS
NOTICE OF ADOPTION
Notice of Adoption of an Amendment to an Existing Rule Regarding Signage and Timing
Devices for Pedicabs.
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the
Commissioner of the Department of Consumer Affairs by Section 20-391 of Chapter 2, Title 20
of the Administrative Code of the City of New York and in accordance with the requirements of
Section 1043 of the New York City Charter that the Department promulgates and adopts an
amendment to an existing rule regarding signage and timing devices for pedicabs.
The rule was proposed and published on April 26, 2013. The required public hearing was held
on May 28, 2013.
Material being deleted is shown below in brackets and material being be added is underlined.
RULE
Statement of Basis and Purpose
Local Law 59 of 2012 amended sections 20-254 and 20-260 of subchapter nine of chapter two of
Title 20 of the Administrative Code of the City of New York to modify the information
concerning rates on signs that must be posted on a pedicab when it is available for transporting a
passenger for a fare, to require a pedicab driver to provide a completed Pedicab Information Card
to each passenger paying a fare, and to require that fares charged for pedicab rides be determined
according to the time of the ride. Sections 20-104(b) and 20-265(a) of the Administrative Code
of the City of New York grant the Commissioner authority to promulgate rules and require forms
necessary to carry out the provisions of subchapter nine of chapter two of Title 20 of the
Administrative Code.
Section 1 amends section 2-415 of subchapter GG of chapter 2 of Title 6 of the Rules of the City
of New York to define the terms “clear view of passengers.”
Section 2 amends section 2-425 of subchapter GG of chapter 2 of Title 6 of the Rules of the City
of New York to describe the requirements for the signage that must be posted on both exterior
sides of a pedicab and on the rear of the pedicab bicycle seat pursuant to paragraph 14 of
subdivision a of section 20-254 of the Administrative Code.
Section 3 adds a new section 2-429 to subchapter GG of chapter 2 of Title 6 of the Rules of the
City of New York to describe the requirements for the Pedicab Information Card that must be
provided to passengers in accordance with paragraph 3 of subdivision c of section 20-260 of the
Administrative Code. The rule also requires that a pedicab driver keep sufficient quantities of the
Department’s Pedicab Information Card in the pedicab to ensure that it can distribute a card to
each paying customer.
Section 4 adds a new section 2-430 to subchapter GG of chapter 2 of Title 6 of the Rules of the
City of New York to describe the requirements of the timing device a pedicab driver must use for
the purpose of calculating a fare for a ride.
"Shall" and "must" denote mandatory requirements and may be used interchangeably in the rules
of this department, unless otherwise specified or unless the context clearly indicates otherwise.
Section 1.
Section 2-415 of subchapter GG of Chapter 2 of Title 6 of the Rules of the City of
New York is amended by adding a new subdivision (e) to read as follows:
(e) “Clear view of passengers” means that the object or sign that is the subject of regulation is
visible at all times to all seated passengers and is not obstructed by the driver, the driver’s
clothing, or other parts of the pedicab.
§ 2.
Section 2-425 of subchapter GG of Chapter 2 of Title 6 of the Rules of the City of New
York is amended to read as follows:
§ 2-425 Required Signs on Pedicabs.
(a) Every pedicab shall have posted on the interior of the cab, where it is clearly visible at all
times to any seated passenger, a sign with letters [in] and numbers at least [twenty-eight point]
one-half (½) of an inch high, boldfaced type containing the following information:
•
•
•
•
Licensee: (Insert name appearing on pedicab business license to which
pedicab is registered or the DBA name of such licensee).
Telephone Number: (Insert phone number of licensee).
Pedicab Registration Number: (Insert registration number of pedicab).
“If you have a complaint about this business, contact the NYC Department of
Consumer Affairs at:” (Insert Department's current complaint number and web
address).
(b) The [printing] letters and numbers on the sign displaying the [rate information that is required
to be posted] dollar amount to be charged per minute per ride shall be [in] at least [twenty-eight
point type,] two (2) inches high, in boldfaced type and such sign shall be clearly posted on [the
outside panel on each side of a] both sides of the exterior of the pedicab where it shall be visible
to persons prior to entering such pedicab. The sign must also state, in letters and numbers no less
than one-half (½) of an inch high, in boldfaced type, that:
(i) no additional fees may be charged; and
(ii) drivers must give passengers a Pedicab Information Card.
The sign must be laminated or protected by a clear plastic sheeting or other suitable material so
that the text will not be destroyed, soiled, distorted or rendered illegible by water, snow or other
weather conditions.
(c) A required sign to be attached to the rear of the pedicab bicycle seat must:
(i) hang freely from the rear of the bicycle seat in clear view of passengers;
(ii) be laminated or protected by a clear plastic sheeting or other suitable materials so that
the text will not be destroyed, soiled, distorted or rendered illegible by water, snow or other
weather condition; and
(iii) state clearly in letters and numbers at least one (1) inch high the dollar amount to be
charged per minute per ride.
§ 3. Subchapter GG of Chapter 2 of Title 6 of the Rules of the City of New York is amended by
adding a new section 2-429 to read as follows:
§ 2-429 Pedicab Information Card.
(a) A pedicab driver must download and use the Pedicab Information Card published by the
Department on its website. A pedicab driver must not change or delete any text in the Pedicab
Information Card and must provide all information required by the Department.
(b) The Department’s Pedicab Information Card must be printed in black ink or toner on white
paper. The typeface must be no less than 12 point.
(c) The size of the Pedicab Information Card must be no less than five and one-half (5 ½) inches
by eight (8) inches in height and width.
(d) A pedicab driver must not issue Pedicab Information Cards by electronic mail, SMS
(texting), or other electronic means.
(e) A pedicab driver must ensure that each Pedicab Information Card provided to a paying
passenger is complete, accurate, and legible.
(f) When offering to transport passengers for hire, a pedicab driver operating a pedicab must
keep in the pedicab sufficient quantities of the Department’s Pedicab Information Card to be able
to provide one to each passenger. Failure to produce copies of the Department’s Pedicab
Information Card upon request by Department inspectors or law enforcement officers will be
deemed a violation of this subdivision.
§ 4. Subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York is amended by
adding a new section 2-430 to read as follows:
§ 2-430 Approved Timer.
A pedicab driver must use a timer that has been inspected and sealed by the Department. The
Department will apply the specifications, tolerances, and regulations set forth in the most current
version of Handbook 44 and the amendments thereto and Special Publication 960-12 of the
National Institute of Standards and Technology when inspecting a timer presented for sealing. A
driver may not use a timing device, such as a cell phone or other personal digital assistant, which
uses a digital application or a mechanism that a pedicab driver can replace or modify after
sealing.
The New York City Council
City Hall
New York, NY 10007
Legislation Text
File #: Int 0597-2011, Version: A
Int. No. 597-A
By Council Members Garodnick, James, Koppell, Mendez, Williams, Comrie, Koslowitz, Dromm, Rodriguez,
Lappin, Barron, Brewer, Gennaro, Greenfield, Wills and Jackson
A Local Law to amend the administrative code of the city of New York, in relation to pedicab fares and
receipts.
Be it enacted by the Council as follows:
Section 1. Paragraph 12 of subdivision a of section 20-254 of subchapter nine of chapter two of title 20
of the administrative code of the city of New York, as added by local law number 19 for the year 2007, is
amended to read as follows:
12. a timer, of a type approved by the commissioner, affixed within clear view of passengers[, if the rate
charged is based on period of use];
§ 2. Paragraphs 13 and 14 of subdivision a of section 20-254 of subchapter nine of chapter two of title
20 of the administrative code of the city of New York, as added by local law number 19 for the year 2007, are
amended to read as follows:
13.
a
sign attached to the interior of the pedicab within view of passengers indicating the name and
telephone number of the pedicab business, the pedicab's registration number and a telephone number that can
be used to direct consumer complaints about such pedicab to the department; [and]
14. a sign conspicuously posted on both sides of the exterior of the pedicab indicating in letters and
numbers at least two inches high the dollar amount to be charged [for the use of the pedicab or the basis for
calculating such amount.] per minute per ride, and in letters and numbers at least one half of an inch high that:
(i) no additional fees may be charged and (ii) drivers must give passengers a pedicab information card; and
§ 3. Subdivision a of section 20-254 of subchapter nine of chapter two of title 20 of the administrative
Page 1 of 4
Printed on 3/28/2013
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§ 3. Subdivision a of section 20-254 of subchapter nine of chapter two of title 20 of the administrative
code of the city of New York, as added by local law number 19 for the year 2007, is amended by adding new
paragraph 15 to read as follows:
15. a sign affixed to the rear of the bicycle seat of the pedicab indicating in letters and numbers at least
two inches high the dollar amount to be charged per minute per ride.
§ 4. Section 20-260 of subchapter nine of chapter two of title 20 of the administrative code of the city of
New York, as added by local law number 19 for the year 2007, is amended to read as follows:
20-260. Rates of pedicabs. a. [The basis for calculating the amount of the charge for the use of a pedicab
shall be displayed on the pedicab at all times] Rates for pedicab rides shall be based on time calculated per
minute per ride. Each pedicab driver shall make such calculation using the timer affixed to the pedicab
pursuant to paragraph 12 of subdivision a of section 20-254 of this subchapter. Each pedicab driver shall
activate such timer when all passengers are seated and the pedicab ride commences, and shall stop the timer
when the pedicab has reached its destination and the pedicab is at a full stop.
1. It shall be unlawful for a pedicab driver to charge any added fee, including fees for additional
passengers.
2. Each minute shall be charged at the same rate.
3. Rates shall be displayed on the exterior of the pedicab and the rear of the bike seat on the pedicab
pursuant to paragraphs 14 and 15 of subdivision a of section 20-254 of this subchapter at all times.
b. It shall be unlawful for a pedicab driver to charge a passenger a higher rate than the [ more than the
amount or] rate displayed on the pedicab pursuant to paragraphs 14 and 15 of subdivision a of section 20-254
of this subchapter.
c. Pedicab Information Card. [The pedicab driver shall provide passengers with a receipt listing the
amount of the charge for the use of the pedicab, the license number of the pedicab business and a telephone
number of such business to which complaints by consumers shall be directed, the pedicab driver's license
Page 2 of 4
number and the telephone number at the department where complaints by consumers can be reported.] 1. The
department shall create a pedicab information card in a size and style to be determined by the commissioner
that states in substance: (i) all pedicabs shall display a sign disclosing the price to be charged per minute per
ride on the exterior of the pedicab and the rear of the bike seat of the pedicab; (ii) drivers are not permitted to
charge tax; (iii) gratuity is not required; (iv) it shall be unlawful for a pedicab driver to charge any added fee,
including fees for additional passengers; (v) passengers may call 311 if they have a complaint regarding a
pedicab driver or business; and (vi) such additional information as required by the commissioner. Each such
document shall include an area where each pedicab driver shall insert: (i) his or her name and pedicab driver’s
license number, which shall be clearly identified as a New York city department of consumer affairs license
number; (ii) the pedicab business name, address, telephone number and pedicab business license number,
which shall be clearly identified as a New York city department of consumer affairs license number; (iii) the
rate per ride as indicated on the exterior of the pedicab and the rear of the bike seat of the pedicab pursuant to
paragraphs 14 and 15 of subdivision a of section 20-254 of this subchapter; (iv) the date; (v) the total number of
minutes and/or fraction of a minute of the pedicab ride; and (vi) the total charge of the pedicab ride.
2. Such pedicab information card shall be distributed to every pedicab driver licensed pursuant to
section 20-257 of this subchapter by the department in a manner to be determined by the commissioner.
3. Before a passenger enters a pedicab, the driver shall provide such passenger with the information card
required by paragraph one of this subdivision with the following information inserted by the driver: (i) the
driver’s name and pedicab driver’s license number; (ii) the pedicab business name, address, telephone number
and pedicab business license number; and (iii) the rate per ride as indicated on the exterior of the pedicab and
the rear of the bike seat of the pedicab pursuant to paragraphs 14 and 15 of subdivision a of section 20-254 of
this subchapter. At the conclusion of the pedicab ride, the driver shall enter the following information on the
information card: (i) the date; (ii) the total number of minutes and/or fraction of a minute of the pedicab ride;
and (iii) the total charge of the pedicab ride. The driver shall then return the information card to the passenger.
Page 3 of 4
§ 5. This local law shall take effect one hundred and twenty days after its enactment into law; provided,
however, that the commissioner shall take any actions necessary prior to such effective date for the
implementation of this local law including, but not limited to, the adoption of any necessary rules.
RC
LS 2069
10/22/12
Page 4 of 4
NOTICE OF ADOPTION
Notice of Adoption of a Proposed Rule regarding the issuance of new pedicab registration plates.
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY
VESTED IN the Commissioner of Consumer Affairs by Section 20-251 of
the Administrative Code of the City of New York and in accordance with
the requirements of Section 1043 of the New York City Charter that the
Department promulgates and adopts a rule regarding the issuance of new
pedicab registration plates.
This rule was proposed and published on March 13, 2012. The required
public hearing was held on April 13, 2012.
This rule will take effect in 30 days.
Material being added is underlined.
Statement of Basis and Purpose
Section 20-251 of the Administrative Code of the City of New York governs applications for
registration plates to operate pedicabs and the issuance of registration plates by the
Commissioner of Consumer Affairs.
Local Law 34 of 2011 amended section 20-251 to establish a maximum of 850 registration plates
and provide for an annual review of pedicab registrations by the Commissioner. If the number of
plates falls below 840, then the Commissioner is directed to issue additional plates. The local
law provided that the issuance of additional plates should be in a manner as provided by the
Commissioner in rules, consistent with the Administrative Code. Accordingly, the
Commissioner is adopting this new rule.
The Commissioner is adding a new section to the pedicab rules to describe the procedure for
issuing new registration plates when the Commissioner determines the number of existing
registered pedicabs has fallen below 840. Following the determination, the Commissioner will
publish notice requesting applications. The rule establishes a timeframe for submission of a
completed application. As required by section 20-251, the Commissioner will not accept
applications from any licensee that has already been assigned 30 registration plates. The rule
explains a procedure for the Commissioner to assign all available pedicab registration plates to
1
applicants in the pool of valid applications based on a random drawing. In order to avoid unused
registration plates, an applicant offered a registration plate has 45 days to comply with all
registration requirements or the offer is voided and the plate is offered to the applicant with the
next randomly assigned number.
“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules
of this department, unless otherwise specified or unless the context clearly indicates otherwise.
RULE
Section 1. Subchapter GG of Chapter 2 of Title 6 of the Rules of the City of New York is
amended by adding a new section 2-426a to read as follows:
§2-426a Registration plate application pool.
(a) Each year, within 90 days after the November 1 expiration date of pedicab registration plates,
the Commissioner will determine the number of pedicab registration plates that have been issued
to licensees. If the number is fewer than 840, the Commissioner will publish in the City Record
a notice requesting applications for pedicab registration plates to fill vacancies up to the legal
limit of 850.
(b) Applications will not be accepted from any licensees that have already been assigned the
legal limit of 30 registration plates.
(c) An application will not be accepted unless the applicant:
(1) completes an application in a form approved by the Commissioner, and
(2) submits the completed application no later than 5:00 p.m. on the 20th business day
following the publication of the notice in the City Record.
(d) Only one application for a pedicab registration plate will be accepted from each applicant.
(e) The Commissioner will use the following procedures to assign available pedicab registration
plates to applicants in the registration plate application pool:
(1) The Commissioner will assign a priority number to each accepted application using a
computer generated random number selection program.
(2) If the number of accepted applications exceeds the number of available registration
plates, the Commissioner will offer to issue a registration plate to applicants in the order
of the priority numbers assigned to the accepted applications.
(3) If the number of accepted applications equals the number of available registration
2
plates, the Commissioner will offer to issue a registration plate to each applicant.
(4) If the number of accepted applications is fewer than the number of available
registration plates, the Commissioner will offer one registration plate to each applicant
and then offer each remaining plate in the order of the priority numbers assigned until all
available registration plates have been offered.
(5) The Commissioner will issue the registration plate that has been offered when the
applicant demonstrates that the pedicab complies with all registration requirements in this
subchapter within 45 days of when the offer was made.
(6) The Commissioner’s offer will become void if the applicant fails to comply with all
registration requirements in this subchapter within 45 days after the offer has been made.
If this circumstance arises, the Commissioner will offer such registration plate to the
applicant with the next priority number.
(7) The Commissioner will remove from the registration plate application pool any
applicant who fails to comply with all registration requirements in this subchapter within
45 days after the offer has been made.
3
City Hall
New York, NY 10007
Legislation Text
Int. No. 334-A
By Council Members Garodnick, Chin, Comrie, Fidler, Foster, Gennaro, Greenfield, Nelson,
Koslowitz, Van Bramer, Gentile, Jackson, Cabrera, Koo, Halloran and Dickens
A Local Law to amend the administrative code of the city of New York, in relation to requiring
pedicabs to be subject to parking rules.
Section 1. Chapter one of title 19 of the administrative code of the city of New York is amended
by adding a new section 19-171.2 to read as follows:
§19-171.2 Pedicab parking. a. For the purposes of this section, the term “pedicab” shall mean a
bicycle as defined in the vehicle and traffic law or other device that is designed and constructed to transport or
carry passengers, that is solely propelled by human power, and that is operated to transport passengers for hire.
b. It is a violation for a person to park, stand, or stop a pedicab where a person is prohibited
from parking, standing or stopping a vehicle pursuant to the rules of the city of New York promulgated
by the commissioner. Notices of parking violations for pedicabs that park, stand or stop in violation of such
rules shall be returnable to the parking violations bureau.
c. Any person who violates this section shall be subject to a civil penalty in an amount described in the
schedule of fines promulgated by the department of finance applicable to parking violations for vehicles.
§2. This local law shall take effect one hundred twenty days after its enactment into law;
provided, however, that the commissioner shall take any actions necessary prior to such effective
date for the implementation of this local law including, but not limited to, the adoption of any
necessary rules.
Page 1 of 2
LS# 1482
4/20/11
JW/RC
Page 2 of 2
City Hall
New York, NY 10007
Legislation Text
Int. No. 466-A
By Council Members Garodnick, Foster, James, Mealy, Seabrook, Williams, Comrie, Gennaro, Koslowitz, Van
Bramer, Gentile, Jackson, Cabrera, Halloran and Greenfield
A Local Law to amend the administrative code of the city of New York, in relation to seizing pedicabs and
suspending and/or revoking pedicab registration plates and drivers’ licenses for certain violations.
Section 1. Subdivision d of section 20-263 of the administrative code of the city of New York, as added
by local law number 19 for the year 2007, is amended to read as follows:
d. Any police or peace officer or authorized officer or employee of the department, upon service on the
pedicab business or pedicab driver of a notice of violation for the failure of the pedicab business to obtain the
required inspection of a pedicab or have a valid registration plate affixed to the pedicab pursuant to
[subdivision a of] section 20-255 or for the failure of a pedicab driver to be licensed pursuant to section 20-257,
may seize such pedicab. Any pedicab seized pursuant to this subdivision shall be delivered into the custody of
the department or other appropriate agency. The commissioner shall hold a hearing to adjudicate the violation
of subdivision a of section 20-255 or section 20-257 within two business days after the date of the seizure and
shall render his or her determination within two business days after the conclusion of the hearing.
§ 2. Subdivision e of section 20-261 of the administrative code of the city of New York, as amended by
local law number 53 for the year 2009, is amended to read as follows:
e. 1. Any pedicab driver who has been found to have committed:
(i) one violation of paragraph 7 of subdivision b of section 20-259 within any twelve-month period shall
have his or her pedicab drivers license suspended by the commissioner for a period of not less than three
Page 1 of 2
months.
(ii) two violations of paragraph 7 of subdivision b of section 20-259 within any twelve-month period
shall have his or her pedicab drivers license revoked by the commissioner.
(iii) [ Any pedicab driver who has been found to have committed] one violation of paragraph 6 of
subdivision b of section 20-259 within any twelve-month period shall have his or her license revoked by the
commissioner.
2. For purposes of this subdivision, all violations committed on any one day by any one pedicab shall
constitute a single violation.
§3.
Section 20-261 of the administrative code of the city of New York is amended by adding a new
subdivision i to read as follows:
i. Any pedicab that is found in violation of paragraph 4, paragraph 5 or paragraph 9 of subdivision a of
section 20-254 three times or more within any twelve month period shall have its registration suspended by the
commissioner for a period of not less than one year and such pedicab shall not be operated during such period.
§4.
This local law shall take effect one hundred twenty days after its enactment into law; provided,
however, that the commissioner shall take any actions necessary prior to such effective date for the
implementation of this local law including, but not limited to, the adoption of any necessary rules.
LCC/RC
LS 1500
4/20/2011
Page 2 of 2
City Hall
New York, NY 10007
Legislation Text
Int. No. 467-A
By Council Members Garodnick, James, Seabrook, Williams, Comrie, Gennaro, Koslowitz, Gentile,
Jackson, Cabrera, Halloran and Dickens
A Local Law to amend the administrative code of the city of New York, in relation to the permitted number of
pedicab registration plates.
Section 1. Subdivision a of section 20-251 of the administrative code of the city of New York, as added
by local law number 53 for the year 2009, is amended to read as follows:
a. The commissioner shall [commence accepting] accept application for registration plates, pursuant to
section 20-255, [on the fortieth day after enactment of the local law that added this section, and shall continue
accepting applications for sixty consecutive days following such commencement. During such sixty day
period, persons submitting applications for registration plates shall also submit applications for pedicab
business licenses pursuant to section 20-252] provided that the total number of registration plates shall not
exceed eight hundred and fifty. The commissioner shall conduct an annual review of pedicab registrations, and if the
number of registration plates issued falls below eight hundred and forty, the Commissioner shall issue additional
registration plates in such manner as is consistent with the provisions of this subchapter as he or she by rule shall
prescribe.
§2. Section 6 of Local Law 53 of 2009 is amended to read as follows:
6. This local law shall take effect immediately, except that section five of this local law shall take effect
one hundred days after it shall have become a law, and provided that pedicab businesses may continue to
operate without a pedicab business license, and pedicab drivers may continue to operate pedicabs without a
Page 1 of 2
registration plate and without a pedicab driver’s license, until the expiration of one hundred days of the
effective date of this local law[, and provided that subdivisions a, b, and d of section 20-251 of the
administrative code of the city of New York, as added by section four of this local law, shall be deemed
repealed eighteen months after the sixtieth day of the application period for registration plates].
§3. This local law shall take effect immediately, provided that subdivisions a, b and d of section 20-251
of the administrative code of the city of New York, as added by local law number 53 for the year 2009, shall
not be deemed to have been repealed as of the date specified in section 6 of such local law.
LCC/RC
LS 1803
4/20/11
Page 2 of 2
Rules & Regulations
New York City Department of Parks & Recreation
Use of Parks:
§1-05 Regulated Uses
a. Assemblies, meetings, exhibitions
1. No person shall hold or sponsor any special event or demonstration without a permit.
2. Reserved.
3. No person shall erect any structure, stand, booth, platform, or exhibit in connection with any
assembly, meeting, exhibition or other event without approval of the Commissioner or his or her
designated representative.
b. Unlawful Vending
1. No person in or on any property under the jurisdiction of the Department shall sell, offer for sale,
hire, lease or let anything whatsoever, or provide or offer to provide services or items in exchange
for a donation (hereinafter “vend”), except under and within the terms of a permit, or except as
otherwise provided by law. For the purposes of this entire section, persons who vend as defined
herein may be referred to as “vendor” or “vendors.”
2. Persons may vend expressive matter, as defined in section 1-02 of this title, on property under
jurisdiction of the Department without a permit, but must comply with all applicable provisions of
these rules. However, in the specific locations enumerated in paragraph (3) expressive matter
vendors may only vend expressive matter at the specifically designated spots identified by the
Commissioner in the accompanying maps and as marked by a Department decal, medallion, or
other form of marking, on the specific location of the approved vending spot, unless they are only
vending expressive matter without using a cart, display stand or other device and without
occupying a specific location for longer than necessary to conduct a transaction and are otherwise
in compliance with Department rules. These spots shall be allocated upon a first come, first serve
basis except as otherwise provided by law and any expressive matter vendor may only vend
expressive matter centered directly behind the Department decal, medallion, or other form of
marking. Only one expressive matter vendor is authorized to vend directly behind the Department
decal, medallion, or other form of marking as indicated by the Department decal, medallion, or
other form of marking and if multiple expressive matter vendors attempt to vend expressive matter
at any one Department decal, medallion, or other form of marking and if it cannot be otherwise
determined which expressive matter vendor arrived first, then all such expressive matter vendors
at such spot will be in violation of this section and may be directed to leave the area of that
Department decal, medallion, or other form of marking immediately. Any such expressive matter
vendor failing to leave the area of the Department decal, medallion, or other form of marking
immediately upon direction as required under the preceding sentence will be in violation of these
rules. Expressive matter vendors can only occupy the designated spots for the purpose of vending
expressive matter and only during posted times, which will be consistent with the hours of
operation for the park where such designated spots are located in or adjacent to. The designated
spots may deviate from the restrictions enumerated in subsection 5(i), (iv), (v), or (vi), if such spots
are determined to be appropriate by the Commissioner given the specific features of the park.
3. Expressive matter vendors may not vend in the following general areas unless they vend at the
specifically designated spots for such vending on the accompanying maps and in compliance with
all other applicable Department rules:
i.
Central Park at the following locations: (A) the perimeter of the park between East 85th Street
and East 60th Street, including all sidewalks and plazas (B) the perimeter of the park between
West 86th Street and West 60th Street, including all sidewalks and plazas (C) all of Central
Park South, including all sidewalks and plazas (D) Wien Walk and Wallach Walk, (E) pedestrian
ii.
iii.
iv.
4.
i.
ii.
iii.
iv.
v.
vi.
vii.
5.
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
pathways parallel to East Drive between Grand Army Plaza and the Center Drive, (F) Grand
Army Plaza, (G) Pulitzer Plaza, and (H) Columbus Circle.
Battery Park, including all perimeter sidewalks.
Union Square Park, including all perimeter sidewalks.
Elevated portions of High Line Park.
No vendor in or on any property under the jurisdiction of the Department shall allow any item or
items used or offered in conjunction with vending to touch, lean against or be affixed
permanently or temporarily to any street or park furniture installed on public property or any
rock formation, tree, shrub or other planting.
No vendor shall block any person from using any street or park furniture installed on public
property by way of the vending activity.
No vendor shall vend anything in such a manner that would damage or otherwise injure
Department property, including, but not limited to lawns, plants, animals or buildings.
No vendor shall vend anything that is placed immediately on a sidewalk or park path, or on a
blanket or board placed immediately upon such surface or on the top of a trash receptacle or
cardboard box.
No vendor shall vend anything over any ventilation grill, cellar door, manhole, transformer vault
or subway access grating.
No vendor shall vend anything directly from any parked or double parked motor vehicle except
for food vendors with appropriate Department and New York City Department of Heath and
Mental Hygiene permits.
No vendor shall vend anything in an unsuitable location because the location is a specialized
area including, but not limited to, a zoo, swimming pool, playground, athletic field or court, or
skating rink;
No vendor shall vend anything whatsoever using a display stand that:
provides less than a twelve (12) foot wide clear pedestrian path measured from the display on
the sidewalk or park path to the opposite edge of the sidewalk or park path, except that when
there is street or park furniture on the pedestrian path the measurement must be taken from the
display to two feet from the street or park furniture in order to determine whether there is less
then a twelve (12) foot wide clear pedestrian path;
is placed on any other part of a sidewalk under the Department�s jurisdiction other than that
which abuts the curb, unless otherwise authorized;
is within any bus stop, carriage horse stand, pedicab stand, or taxi stand, or is within ten (10)
feet of any subway entrance or exit;
is within five (5) feet from any street or park furniture, public telephone, disabled access ramp,
tree, or from individuals or entities authorized by permit or license by the Commissioner to
operate at a specific location;
is within ten (10) feet from any crosswalk on any path or on any sidewalk under the jurisdiction
of the Department;
is placed within fifty (50) feet from any monument or other public art installation, including, but
not limited to ornamental fountains;
occupies more than eight (8) linear feet of public space parallel to the curb or park path;
occupies more than three (3) linear feet in depth;
is more than five (5) feet high or less than twenty-four (24) inches above the sidewalk or park
path where the display surface is parallel to the sidewalk or park path, and may not be less than
twelve (12) inches above the sidewalk or park path where the display surface is vertical;
where a rack or other display structure is placed on the top or above a table or other base, the
size of the base is not less than the size of any rack or display structure placed thereon.
Nothing shall be placed on the base so as to exceed the size limitations contained in this
section;
uses any areas other than that area immediately beneath the surface of the display stand for
the storage of items for sale, unless permitted by Department license or permit for the use of a
fixed location to store items for sale; or
xii.
fails to use an opaque covering to shield any items stored beneath the surface of the display
stand.
6. For the purposes of this section a display stand shall mean a movable, portable or collapsible
structure, framework, device, container or other contrivance used by a vendor in any property
under the jurisdiction of the Department for the purpose of displaying, keeping or storing any
goods, wares, merchandise, foodstuffs or expressive matter.
7. For the purposes of this section, street or park furniture shall mean any City-installed, maintained
or approved structure, including but not limited to, benches, newspaper boxes, tree guards, fire
hydrants, trash receptacles, telephone kiosks, newsstands, bus shelters, barricades, bollards,
traffic signs, traffic lights, walls, water fountains, or fences located in any property under the
jurisdiction of the Department.
8. Where exigent circumstances exist and a Department employee or police officer gives notice to a
vendor to move temporarily from any location such vendor shall not vend from such location. For
the purposes of this section, exigent circumstances shall include, but not be limited to, unusually
heavy pedestrian or vehicular traffic, the existence of any obstruction in the park, an accident, fire,
or other emergency situation, a parade, special event, demonstration, construction project,
maintenance operations, or other such event at or near such location, including periods of set up
and take down for such exigent circumstances.
c. Unlawful posting of notices or signs
1. No person shall post, display, affix, construct or carry any placard, flag, banner, sign or model or
display any such item by means of aircraft, kite, balloon or other aerial device, in, on, or above the
surface of any park for any purpose whatsoever without a permit issued by the Commissioner.
Each separate item placed in violation of this section shall constitute a separate violation.
2. Notwithstanding paragraph (1) of this subdivision (c), any person may carry any item described in
paragraph (1) of this section, without the aid of any aircraft, kite, balloon or other aerial device,
where the space on which the message of such item is contained has a height no greater than
two feet and a length no longer than three feet, and that such item takes up a total area of no
more than six square feet.
3. Any person who posts or displays a sign upon park property, including the perimeters of any park,
whether or not pursuant to a permit issued under this subdivision (c), shall be responsible for
removal of such sign pursuant to the conditions in such permit, or immediately if no such permit
has been issued. Failure to remove any sign that is posted or displayed on such property, or that
remains on such property, other than in compliance with such permit, shall constitute a violation of
these Rules.
4. In the event that a notice or sign is, in violation of this subdivision (c), posted or displayed on any
property, including the perimeters of any park, there shall be a rebuttable presumption that any
person whose name, telephone number, or other identifying information appears on such notice or
sign has violated this subdivision by either (i) pasting, posting, painting, printing or nailing such
notice or sign, or (ii) directing, suffering or permitting a servant, agent, employee or other
individual under such person's control to engage in such activity; provided, however, that such
rebuttable presumption shall not apply with respect o criminal prosecutions brought pursuant to
this paragraph (4).
d. Noise; Musical Instruments; Sound Reproduction Devices
1. No person shall make, or cause or allow to be made, unreasonable noise in any park so as to
cause public inconvenience, annoyance or harm. Unreasonable noise means any excessive or
unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal
sensitivity or injures or endangers the health or safety of a reasonable person of normal
sensitivity, or which causes injury to plant or animal life, or damage to property or business.
2. No person shall play or operate any sound reproduction device, as defined in §1-02 of these
Rules, in any park without a permit from the Department of Parks & Recreation and any other City
agency or agencies with pertinent jurisdiction. This paragraph (2) shall not apply to the regular
and customary use of portable radios, record players, compact disc players, or television
receivers, or tape recorders played or operated in full accordance with these Rules so as not
unreasonably to disturb other persons in their permitted uses of the park, except that in areas
designated by the Commissioner as "quiet zones," such regular and customary use of sound
reproduction devices shall be prohibited. Signs shall be posted in all quiet zones advising the
public of such prohibition. Use of radios and other sound reproduction devices listened to solely
by headphones or earphones, and inaudible to others, is permitted in all areas of the parks.
3. No person shall play or operate any musical instrument or drum, radio, tape recorder or other
device for producing sound in any park between the hours of 10:00 p.m. and 8:00 a.m. except
under the express terms of a permit. The Commissioner may, in his or her discretion, further
restrict such hours in specific parks where such operation would disturb or damage the comfort,
peace, health or safety of persons or businesses.
4. No person shall play or operate any musical instrument or drum or cause any noise for advertising
or commercial purposes except under the express terms of a permit.
e. Unauthorized commercial cinematic productions
1. Filming or photography requiring a permit. Any person or entity engaged in filming or photography
in a park, where such activity is subject to the permit requirements of the Mayor's Office of Film,
Theatre & Broadcasting ("MOFTB") (Chapter 9 of Title 43 of the Rules of the City of New York)
may engage in such activity only upon obtaining such a permit from that Office. Such permittee
shall comply with the requirements of § 9-02(c) of such rules ("Responsibility of Holders of
Required and Optional Permits") including, but not limited to, the obligation to clean and restore
any Department property altered in connection with the exercise of such permit.
2. Filming or photography not requiring a permit. Any person or entity engaging in filming or
photography in a park, where such activity does not require a permit under the permit requirement
rules of MOFTB, may engage in such activity without obtaining a permit from that Office. In
addition, any person or entity engaging in filming or photography involving only the use of
handheld devices (as defined in paragraph (3) of subdivision (a) of § 9-02 of the MOFTB permit
rules) that takes place in an area under the Department's jurisdiction that is not a sidewalk,
pathway, street, or walkway of a bridge need not obtain a MOFTB permit. Nothing herein shall be
deemed to relieve such person or entity of the obligation to obtain a permit from the Department if
such activity involves conduct otherwise requiring a permit pursuant to any other rule of the
Department.
f. Alcoholic Beverages
1. Except where specifically permitted by the Commissioner, no person shall consume any alcoholic
beverage in any park, playground, beach, swimming pool or other park property or facility, nor
shall any person possess any alcoholic beverage with intent to consume or facilitate consumption
by others of same in any park, playground, beach, swimming pool, or other park property or
facility.
2. It shall be a violation of these rules for any person to appear in any park under the influence of
alcohol to the degree that he may endanger himself or herself, other persons or property, or
unreasonably annoy persons in his or her vicinity.
g. Beaches, Boardwalks and Pools
1. Bathing in waters adjacent to property under the jurisdiction of the Department shall be permitted
only at authorized bathing beaches and only during the bathing season designated by the
Commissioner. The Commissioner may limit or expand the extent of bathing beaches or shorten
or extend the bathing season with due regard for weather conditions and the safety of the public.
It shall be a violation of these rules to bathe during storms or be present at any time in
unauthorized areas.
2. Except where permitted by the Commissioner, no person shall bring into or use in any pool under
the jurisdiction of the Department, artificial floats, masks, spears, fins, snorkels, air or gas tanks,
or other apparatus used for skin or scuba diving. No person shall bring into or use in any other
water under the jurisdiction of the Department, artificial floats, spears, fins, snorkels, air or gas
tanks, or other apparatus used for scuba diving.
3. Except in locations designated for such purpose, no person shall engage in any athletic game or
conduct himself in such a way upon a bathing beach or in the water as to jeopardize the safety of
himself or others. Surfboards are allowed only at areas expressly designated for such use.
4. No person having, or apparently having any infectious disease shall be admitted to a bathing
beach or bath house, or shall be permitted in the water.
5. No person shall change clothes except in bath houses or other authorized places. No person shall
be nude at any bathing area, beach or pool under the jurisdiction of the Department.
6. No person shall disobey the reasonable direction of a lifeguard, nor shall any person carry on
unnecessary conversation with a lifeguard, or falsely call for help or assistance, or stand, sit upon,
or cling to lifeguard perches, or cling to or go into a lifeguard boat except in an emergency.
7. Persons using swimming pools under the jurisdiction of the Department may only do so if dressed
in bathing suits, and only after showering at the park immediately prior to entering such pools.
8. Bathing and swimming in park swimming pools shall be allowed only on such days and at such
times as are designated by the Commissioner and posted at each facility.
9. No person shall dive into water under the jurisdiction of the department except where specifically
authorized by posted signs.
h. Fishing
1. Fishing shall be permitted from locations under the jurisdiction of the Department, except in open
swimming areas or where specifically prohibited. Any person who engages in fishing shall obey all
posted guidelines, and comply with all applicable City, State and Federal laws and regulations,
including Title 6 of the New York State Environmental Conservation Law.
2. The use of lead fishing weights in waters under the jurisdiction of the Department shall be a
violation of these rules.
3. Failure to remove fishing line fragments and hooks from land and waters under the jurisdiction of
the Department shall be a violation of these rules.
4. All fish caught in fresh water areas shall be immediately released. The use of barbed hooks in
such areas shall be a violation of these rules.
5. The use of traps to catch fish and/or crustaceans in areas under the jurisdiction of the Department
shall be prohibited.
i. Bicycling and operating Pedicabs
1. Any person bringing a bicycle or a pedicab into any park shall obey all park signs pertaining to the
use of such bicycles or pedicabs. Only pedicabs that carry a registration plate as required by §20–
255 of the New York City Administrative Code and are operated by, or are authorized to be
operated by, a pedicab business that possesses a valid pedicab business license, as defined by
§20–249 of the New York City Administrative Code, may be operated within property under the
jurisdiction of the Department. Only a pedicab driver as defined by §20–249 of the New York City
Administrative Code who has a valid pedicab driver?s license as defined by §20–249 of the New
York City Administrative Code may operate a pedicab within property under the jurisdiction of the
Department.
2. No bicycle or pedicab shall be ridden or otherwise operated in vegetated areas or on any bridle
path, pedestrian way, park path, sitting or play area, playground, or in any other area so
designated. Bicycles may be ridden and operated on park roads, bikepaths, and other areas
specifically designated by the Commissioner. Pedicabs may only be operated on park roads
designated by the Commissioner and may not be operated or stopped in (i) any recreation lane
designated by the Commissioner for use by pedestrians or bicyclists; or (ii) any bikepath
designated by the Commissioner.
3. No person shall operate a bicycle or a pedicab in a reckless manner. Any person operating a
bicycle or pedicab shall ride in the direction of traffic and obey all traffic lights and road signs.
Persons operating pedicabs may not ride adjacent to another pedicab, bicycle or vehicle, except
when using the left lane to pass another pedicab, bicycle or motor vehicle.
4. No bicycle shall be used to carry more persons at one time than the number for which it is
designed and equipped, except that children may be carried in seats securely attached to a
bicycle. No person riding any bicycle shall attached himself or herself or his/her bicycle to the
outside of any vehicle being operated upon a roadway.
5. Any person operating a bicycle shall yield the right of way to pedestrians, in-line skaters, and
horse drawn carriages. Any person operating a pedicab shall yield the right of way to pedestrians,
bicyclists, in-line skaters, and horse drawn carriages.
6. On the park roads in Central Park, all pedicabs shall remain in the far right lane, except when
passing another pedicab, bicycle, or vehicle, in which case the pedicab may use the next lane to
the left to pass.
7. No person shall operate a pedicab adorned with commercial advertising in any park, or at any
other location under the jurisdiction of the Department, unless the pedicab is on a park road
during a time when private motor vehicles are allowed to operate on such park road.
8. No person operating a pedicab in any park, or at any other location under the jurisdiction of the
Department, shall solicit, pick up or release passengers except at areas specifically designated by
the Commissioner, subject to any limitation imposed by the Commissioner as to the number of
pedicabs that may solicit, pick up or release passengers in such designated areas at any given
time. Signs shall be posted informing the public of the designation of such areas for solicitation,
pick up or release of pedicab passengers.
9. No person operating a pedicab shall occupy an area reserved solely for buses, taxicabs, horse
drawn carriages or other vehicles or motor vehicles.
10. In addition to complying with the provisions of this subdivision (i) of §1-05, pedicab drivers shall
operate pedicabs in compliance with the provisions of §20-259 of the New York City
Administrative Code.
11. If there are exceptional circumstances, the Commissioner, in consultation with the Commissioners
of the Police, Transportation and Consumer Affairs Departments, shall be authorized, upon notice,
to restrict or prohibit any pedicab driver, as defined by §20-249 of the New York City
Administrative Code, from operating his or her pedicab on any park road otherwise designated for
pedicab use, for a consecutive period of time, not to exceed fourteen days, or on one or more
particular days. For purposes of this paragraph, exceptional circumstances shall include, but not
be limited to, unusually heavy pedestrian or bicycle traffic, existence of any obstructions on
Department property, a parade, demonstration, special event, or other such similar event or
occurrence at or near such location. Notwithstanding the preceding provisions of this paragraph,
the Commissioner may restrict or prohibit the operation of pedicabs within property under the
jurisdiction of the Department for periods of time in excess of fourteen days when such restrictions
apply to bicycles or other types of vehicles.
j. Boating
No person shall land a boat of any kind other than a human-powered boat, such as a kayak, canoe,
rowboat or pedal boat, on any park shore except at designated landing areas or in case of an
emergency. No person shall operate a boat of any kind, including jet-skis, upon any waters under the
jurisdiction of the Commissioner in a reckless manner so as to endanger the life, limb or reasonable
comfort of his or her passengers or other persons. Boating in any authorized bathing area is
prohibited.
k.
Unlawful Ice Activity
1. Ice skating is permitted at rinks maintained by the Department for such use, at such times, and
subject to the Rules and Regulations prescribed and posted at each facility.
2. No person shall go upon the ice of any lake or pond in any park except at such places and at such
times as may be designated by the Commissioner.
l. Planting
No tree, plant, flower, shrubbery or other vegetation shall be planted in any area under the jurisdiction
of the Department without a permit. No such planting shall be undertaken on any street or avenue
without a permit for the necessary excavation from the Department of Transportation. Trees planted
pursuant to permits shall become the property of the City after a guarantee period of one year has
been satisfactorily completed.
m. Unlawful Fires
1. No person shall kindle, build, maintain, or use a fire in any place, portable receptacle, or grill
except in places provided by the Department and so designated by sign or by special permit. In no
event shall open or ground camp fires be allowed in any park. Any fire authorized by this
subdivision (m) shall be contained in a portable receptacle grill or other similar device, and
continuously under the care and direction of a competent person over eighteen (18) years of age,
from the time it is kindled until it is extinguished. No fire shall be within ten feet of any building,
tree, or underbrush or beneath the branches of any tree.
2. No person shall leave, throw away or toss any lighted match, cigar, or cigarette, hot coals, or
other flammable material within, on, near, or against any tree, building, structure, boat, vehicle or
enclosure, or in any open area.
n. Unlawful Operation and Parking of Motor Vehicles
1. Motor vehicles may not be brought into or operated in any area of a park except on park roads or
designated parking areas. Park roads may be closed to motor vehicles at such times and in such
places designated by the Commissioner.
2. A person shall not park any motor vehicle in any park except in areas designated by the
Commissioner for parking, and only during the hours of operation of such park.
3. No person shall use any area of a park, including designated parking areas, for the purpose of
performing non-emergency automotive work, including, but not limited to, vehicle maintenance,
repairs, or cleaning.
o. Unauthorized Construction on Park Property
No person shall perform or cause to be performed construction work of any kind or any work
incidental thereto, including storage of materials, in any park except pursuant to a permit issued by
the Construction Division of the Department.
p. Unauthorized Excavations
No person shall perform, cause, suffer or allow to be performed any excavations within or adjacent to
any park property without a permit.
q. Horse Riding
1. No person may ride a horse in any park, except on bridle paths designated by the Department.
2. It shall be a violation of these Rules to ride a horse into or within a park in a reckless manner; to
allow the horse to be left unbridled or unattended; or to allow the horse to cause any damage to
any tree, plant, flower, shrubbery or other vegetation under the jurisdiction of the Department.
r. Failure to Comply with Area Use Restrictions
1. No person shall throw, catch, kick or strike any baseball, football, basketball, soccer, golf or tennis
ball, or similar object, nor shall any person engage in any sport, game or other competition except
in areas designated and maintained therefor. No such use will be allowed at any time if the
desired area has previously been allotted by permit issued pursuant to the provisions of these
Rules.
2. No person shall engage in any toy or model aviation, kite-flying, model boating or model
automobiling except at such times and at such places designated or maintained therefor.
3. No person shall roller skate, ski, skateboard, sled or coast on any kind of vehicle except in areas
designated and maintained for such use.
s. Exclusive Areas
Areas within the parks designated by the Commissioner for exclusive use shall include:
1. Exclusive Childrens Playgrounds: Adults allowed in playground areas only when accompanied by
a child under the age of twelve (12).
2. Exclusive Senior Citizens Areas: Certain areas of any park may be set aside for citizens aged
sixty-five (65) and older, for their quiet enjoyment and safety.
3. Dog Runs: Certain fenced park areas may be designated by the Commissioner as dog runs, and
persons owning or possessing dogs that are wearing a license tag and vaccinated against rabies
pursuant to the laws of the State of New York and City of New York are permitted to allow such
animals to remain unleashed in these areas. Users of dog runs shall obey posted rules. Users of
such dog runs shall provide proof of current vaccination against rabies and proof of current
licensing upon the request of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol
Officer or other Department employee or employee of the DOHMH, the refusal of which shall
constitute a violation of § 1-03(c), § 1-04(i) and of this paragraph. All exclusive areas will be
specifically designated as such and signs will be posted informing the public of this designation.
t. Unlawful distribution of products and materials
No person shall engage in the non-commercial distribution of products and/or material (other than
printed or similarly expressive material) without a permit issued by the Commissioner. A permit shall
be issued only upon the Commissioner's determination that said distribution will be conducted in a
manner consistent with the public's use and enjoyment of the park or facility in question. In making
this determination, the Commissioner will consider the nature of the product or material, whether the
product or material is compatible with customary park uses, whether the product or material is
intended to be used in the park or facility, the age of the targeted audience for the product or
material, and whether the area in the park or facility where the distribution will take place is
appropriate for such distribution, considering, e.g., its proximity to areas designed for children, quiet
zones or other areas designed for activities not compatible with such distribution. In connection with
the foregoing, the Commissioner may consult with parental groups which are involved with the park
or facility where a permit for distribution is requested. The Commissioner may also impose conditions
upon the distribution of products and materials consistent with the concerns reflected by the factors
listed above. Products and/or materials may be distributed only upon an indication of interest by the
recipient, and only from a fixed location specified in the permit.
u. Rollerblading and Roller Skating
Any person using rollerblades or roller skates in any park shall obey all park signs pertaining to the
use of same. No person shall use rollerblades in any park except for park drives or areas designated
for such use by the Department, and at times designated for such use. No person shall use
rollerblades in a reckless manner, or so as to endanger persons or property.
rules. All laws and rules of the City of New York, including the Consumer Protection Law and
Rules, are available through the Public Access Portal, which businesses can access by visiting
www.nyc.gov/consumers. For convenience, sections of the New York City Licensing Law (and
Rules, if enacted) are included as a handout in this packet. The Law (and Rules) are current as of
August 2009.
NEW YORK CITY ADMINISTRATIVE CODE
TITLE 20: CONSUMER AFFAIRS
CHAPTER 2: LICENSES
SUBCHAPTER 9: PEDICABS
§ 20–248 Legislative findings. It is the purpose of this subchapter to regulate and
control pedicab businesses to protect consumers and to ensure the safety of the public,
including passengers and drivers operating pedicabs. It is also the purpose of this
subchapter to minimize the effect of pedicabs on traffic and congestion by establishing a
maximum number of pedicabs that can be authorized to operate in the city. It is the
purpose of this subchapter to require the inspection of pedicabs to ensure that pedicabs
are safely operated in the streets of the city, and to provide a process for their removal if
they have not been inspected as required.
§ 20–249 Definitions. Whenever used in this subchapter:
a. "Family member" shall mean a member of the immediate family, including, but not
limited to, a spouse, domestic partner, sibling, child, grandchild, parent or grandparent.
b. "Owned" or "owns" shall mean possession with good legal title, or possession
under a lease, reserve title contract, conditional sales agreement or vendor's agreement
or similar agreement.
c. "Pedicab" shall mean a bicycle as defined in the vehicle and traffic law or other
device that is designed and constructed to transport or carry passengers, that is solely
propelled by human power, and that is operated to transport passengers for hire.
d. "Pedicab owner" or "owner" shall mean any person who owns one or more
pedicabs in the city of New York.
e. "Pedicab business" or "business" shall mean a pedicab owner who operates or
authorizes the operation of one or more pedicabs in the city of New York.
f. "Pedicab business license" shall mean a license issued by the commissioner
pursuant to section 20–250.
g. "Pedicab driver" shall mean any natural person who propels and operates a
pedicab in the city of New York.
h. "Pedicab driver license" shall mean a license issued by the commissioner to a
pedicab driver to operate a pedicab.
1
i. "Person" shall mean any natural person, firm, partnership, joint venture,
corporation or association.
j. “Registration plate” shall mean a unique identification tag issued by the
commissioner pursuant to section 20-255.
§ 20–250 Pedicab business license. a. It shall be unlawful for a pedicab owner to
conduct a pedicab business unless such pedicab owner shall have first obtained from
the commissioner a pedicab business license.
b. In order to obtain, amend or renew a pedicab business license, a pedicab owner
must provide the commissioner with the following:
1. A list of all pedicabs owned, leased or controlled by such pedicab owner for which
such owner seeks registration pursuant to section 20–255. Each such pedicab shall be
uniquely identified on such list;
2. Proof that there is in force for the full license term a policy of public liability and
property damage insurance that meets the requirements of section 20–253 of this
subchapter for each pedicab listed pursuant to paragraph one of this subdivision; and
3. Such other information as the commissioner may require to establish the pedicab
owner's eligibility for a pedicab business license under this subchapter.
c. A pedicab business license shall be valid for a term of one year, except that
business licenses issued prior to November 1, 2010 shall expire on November 1, 2010.
There shall be an annual fee of one hundred and ten dollars for such license that shall
include the fee for registration, required by section 20-255, of one pedicab. The
registration fee for each additional pedicab shall be sixty dollars. The annual fee may
be pro-rated by the commissioner for the initial license period.
d. Notwithstanding subdivision a of this section, a person holding a pedicab driver
license shall not be required to obtain a pedicab business license to drive a pedicab that
is owned by a pedicab business licensed under this subchapter.
e. The commissioner shall have the authority to deny or revoke a pedicab business
license if a pedicab owner fails to obtain the registration plates required pursuant to
section 20-255 for the pedicab(s) identified on the list submitted by such owner pursuant
to paragraph 1 of subdivision b of this section.
§20-251 Applications for, and issuance of, registration plates. a. The
commissioner shall commence accepting applications for registration plates, pursuant to
section 20-255, on the fortieth day after enactment of the local law that added this
section, and shall continue accepting applications for sixty consecutive days following
such commencement. During such sixty day period, persons submitting applications for
registration plates shall also submit applications for pedicab business licenses pursuant
to section 20-252.
b. The department has the authority to inspect pedicabs to determine whether the
pedicabs are equipped with the features set forth in subdivision a of section 20-254 and
comply with the requirement set forth in subdivision b of section 20-254.
c. The commissioner shall issue registration plates only to a pedicab owner who has
submitted the materials required by subdivision b of section 20-250 to obtain, amend or
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renew a pedicab business license or to a pedicab owner who has already obtained a
pedicab business license.
d. The commissioner shall not issue registration plates to more than thirty pedicabs
for any pedicab business. No pedicab business or pedicab owner shall hold more than
thirty registration plates at any one time. A pedicab business shall be deemed to have
more than thirty registration plates if:
(1) an owner of such pedicab business has a direct or indirect beneficial interest in
one or more other pedicab businesses and the businesses together have more than
thirty pedicab registration plates;
(2) a family member of the owner of such business has a direct or indirect beneficial
interest in one or more other pedicab businesses and the businesses together have
more than thirty registration plates;
(3) a person who has a direct or indirect beneficial interest in such pedicab business
has a direct or indirect beneficial interest in one or more other pedicab businesses and
the businesses together have more than thirty registration plates; or
(4) a family member of a person who has a direct or indirect beneficial interest in
such pedicab business has a direct or indirect beneficial interest in one or more other
pedicab businesses and the businesses together have more than thirty registration
plates.
e. The commissioner shall issue registration plates only to a pedicab business or
owner with respect to pedicabs listed and identified in accordance with paragraph 1 of
subdivision b of section 20-250 on the application of such business or owner for a
pedicab business license.
f. A pedicab registration plate shall become void upon the revocation or suspension
of the pedicab owner’s pedicab business license.
§ 20–252 Issuance of pedicab business license. a. A pedicab business license
shall be issued only to a person who meets all the requirements of this subchapter and
any rules promulgated by the commissioner to effectuate the purposes of this
subchapter.
b. A pedicab business license shall be valid only for the person in whose name it is
issued.
c. The commissioner may refuse to issue to a pedicab owner a pedicab business
license or to renew a pedicab business license to a pedicab owner based upon a
determination that such applicant has engaged in conduct that would constitute a basis
for license suspension or revocation as set forth in subdivision a of section 20–261 of
this subchapter.
d. A pedicab business license cannot be transferred or sold. The commissioner shall
promulgate rules as to whether, and the extent to which, a pedicab business license
remains valid after any change in the beneficial ownership of a pedicab business,
including, without limitation, any such change resulting from a direct or indirect,
voluntary or involuntary, sale or transfer of a beneficial ownership interest.
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§ 20–253 Insurance. a. It shall be unlawful for any pedicab business to operate or
authorize the operation of a pedicab within the city unless there is in force for such
pedicab a policy of insurance that meets the requirements of this section.
b. Such policy of liability insurance shall insure such pedicab business and all
pedicab drivers of the pedicabs of such business, whether such pedicab drivers are
employees of the pedicab business or operate such pedicabs otherwise by agreement
with the pedicab business. Such insurance policy must provide, at minimum, the
following protection:
1. The pedicab business carries a policy providing liability coverage for injury or
death of any person or persons, and damage to or destruction of any property in a
combined single limit amount of two million dollars, or such higher amount as the
commissioner may determine pursuant to rule, with a maximum of one million dollars for
each accident, where liability for such injury or death of a person or persons, or damage
to or destruction of property shall arise out of the operation of the pedicab business's
pedicabs; or
2. Each pedicab is insured in at least the following amounts, unless the
commissioner establishes higher amounts pursuant to rule, where liability for such injury
or death of a person or persons, or damage to or destruction of property shall arise out
of the operation of the pedicab:
(i) for personal injury or death to one person, one hundred thousand dollars;
(ii) for personal injury or death to all persons in one accident, three hundred
thousand dollars, with a maximum of one hundred thousand dollars for each person;
and
(iii) for property damage, fifty thousand dollars.
c. Such policy of liability insurance shall name the city of New York as an insured
party.
d. The pedicab business shall notify the commissioner of any modification,
amendment, cancellation or substitution of any insurance policy required under
subdivision b of this section within fourteen days of the date of the notice to the pedicab
business of such modification, amendment, cancellation or substitution.
e. If the policy of insurance required by this section lapses for any reason, the
license issued pursuant to section 20–250 shall become void for such pedicab
business.
§ 20–254 Required equipment of pedicabs. a. Each pedicab operated in the city
shall be equipped with the following features:
1. three or more wheels;
2. a unibody frame for the entire vehicle;
3. seating for no more than three passengers;
4. hydraulic or mechanical disc or drum brakes, which are unaffected by rain or wet
conditions;
5. a secondary or emergency brake system;
6. battery-operated headlights capable of projecting a beam of light for a distance of
300 feet;
7. battery-operated taillights which are visible from 500 feet;
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8. turn lights;
9. passenger seat belts;
10. an audible signaling device;
11. reflectors on the spokes of the wheels of the pedicab;
12. a timer, of a type approved by the commissioner, affixed within clear view of
passengers, if the rate charged is based on period of use;
13. a sign attached to the interior of the pedicab within view of passengers indicating
the name and telephone number of the pedicab business, the pedicab's registration
number and a telephone number that can be used to direct consumer complaints about
such pedicab to the department; and
14. a sign conspicuously posted on the exterior of the pedicab indicating the amount
to be charged for the use of the pedicab or the basis for calculating such amount.
b. The maximum width of a pedicab shall be fifty-five inches and the maximum
length of a pedicab shall be ten feet.
c. It shall be unlawful for a pedicab business to operate or authorize the operation of,
or for a pedicab driver to operate, a pedicab that does not comply with the requirements
of this section.
§ 20–255 Inspection; registration plate. a. It shall be unlawful for a pedicab
business to operate or authorize the operation of, or for a pedicab driver to operate, a
pedicab unless:
1. it has been inspected by the department;
2. it has been issued a registration plate that indicates on such plate the expiration
date of the current registration; and
3. such registration is in effect.1
b. The registration shall be valid for a period no longer than one year and the
expiration date of such registration plate shall be a date specified by the commissioner
by rule, except that the registrations issued prior to November 1, 2010 shall expire on
November 1, 2010.
c. If the commissioner determines after such inspection that a pedicab is equipped
with the features set forth in subdivision a of section 20–254, and complies with the
requirement set forth in subdivision b of section 20-254, upon payment of the
registration fee provided by section 20–250 of this subchapter, the department shall
issue a registration plate to the pedicab business that authorized the operation of such
pedicab.
d. Such registration plate shall be securely affixed by the department to a
conspicuous and indispensable part of each pedicab.
e. The registration plate shall be of such material, form, design and dimension and
set forth such distinguishing number or other identification marks as the commissioner
shall prescribe.
f. A pedicab business shall pay an additional fifty-five dollars as the re-inspection fee
for any pedicab that fails to appear at an inspection scheduled by the department or that
is determined upon inspection not to meet the requirements of this section and such
1
Pursuant to section 16 of Local Law Number 53 for the Year 2009, this subdivision takes effect 100 days after its
enactment on August 13, 2009.(November 21, 2009).
5
business re-applies for a registration plate. The commissioner shall also have the
authority to determine the circumstances under which reinspections of pedicabs shall be
permitted.
g. It shall be unlawful for a person to whom a registration plate has been issued to
transfer any interest in such plate to any other person unless:
1. the pedicab, if intended to be transferred with the registration plate, complies with
all applicable requirements imposed by this subchapter;
2. such transfer will not result in a violation of subdivision d of section 20-251; and
3. the commissioner approves such transfer.
§ 20–256 Records. Every pedicab business shall maintain such records related to
the ownership and operation of its pedicabs as the commissioner may prescribe by rule.
Such records shall be made available for inspection by the commissioner at his or her
request at either the offices of the pedicab business or at the offices of the department.
§ 20–257 Pedicab driver license. a. It shall be unlawful for a pedicab driver to
operate a pedicab unless the pedicab driver shall have first obtained a pedicab driver
license from the commissioner.
b. It shall be unlawful for a pedicab business to permit the operation of any pedicabs
owned by it by a person who does not have a pedicab driver license and a motor
vehicle driver's license in full force and effect.
c. In order to obtain or renew a pedicab driver license, a pedicab driver shall file an
application with the commissioner for such pedicab driver license. Such application shall
be made upon such form as prescribed by the commissioner and shall contain such
information as the commissioner may require to establish the applicant's eligibility for a
pedicab driver license under this subchapter.
d. To be eligible for or to maintain a pedicab driver license, an applicant or licensee
shall:
1. be at least eighteen years of age;
2. possess a currently valid motor vehicle driver's license that is in full force and
effect;
3. not have his or her motor vehicle driver's license suspended or revoked; and
4. meet such fitness requirements as the commissioner may determine by rule.
e. A pedicab driver license shall be valid for a term of one year. There shall be a fee
of thirty-five dollars for such license. The commissioner shall establish the expiration
date for such license by rule.
f. The commissioner may refuse to issue a pedicab driver license or to renew such a
license based upon a determination that such pedicab driver has engaged in conduct
which would constitute a basis for the suspension or revocation of a pedicab driver
license as set forth in subdivision c of section 20–261 of this subchapter.
g. Service of a violation, and any related notices, on a pedicab driver shall constitute
service on the pedicab business that authorized the operation of such pedicab by virtue
of employment, lease, or any other arrangement and shall afford the pedicab business
the opportunity to participate in any hearing held on such violation.
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§ 20–258 Display of pedicab driver's identification. a. The commissioner shall
provide a photo identification card to each pedicab driver who has obtained a pedicab
driver license. Such photo identification card shall include the license number of such
pedicab driver license and the motor vehicle driver's license number of such pedicab
driver, as well as the issuing state of such motor vehicle driver's license.
b. The pedicab driver shall wear such photo identification card so that it is visible to
passengers and enforcement officers when such pedicab driver is operating a pedicab.
A copy of such photo identification card shall also be displayed inside any pedicab
under the control of such driver in a manner clearly visible to the passengers of such
pedicab.
§ 20–259 Restrictions on the operation of pedicabs. a. A pedicab driver shall be
subject to all provisions of state and local law governing the operation of a bicycle,
which include, but are not limited to, provisions of the vehicle and traffic law, the New
York city administrative code, and rules of the city of New York promulgated by the
department of transportation and the department of parks and recreation.
b. A pedicab driver shall not:
1. operate a pedicab to transport more than three passengers.
2. operate a pedicab in motion while a passenger is standing in such pedicab.
3. operate a pedicab on any bridge or in any tunnel or in any bicycle lane, or within
any pedestrian plaza. For purposes of this section “pedestrian plaza” shall mean an
area designated by the New York city department of transportation for use by
pedestrians located fully within the bed of a roadway, which may vary in size and shape;
may abut a sidewalk; may be at the same level as the roadway or raised above the level
of the roadway; may be physically separated from the roadway by curbing, bollards, or
other barrier; may be treated with special markings and materials; and may contain
benches, tables or other facilities for pedestrian use.
4. permit a pedicab to be operated simultaneously by anyone in addition to him or
herself.
5. operate a pedicab that is designed or constructed to permit propulsion by more
than one individual at any one time.
6. operate a pedicab while such pedicab driver's ability to operate such pedicab is
impaired by the consumption of alcohol, the use of any drug or by any other means or
while such pedicab driver is in an intoxicated condition. A pedicab driver operating a
pedicab which has been involved in an accident or has been operated in violation of
subdivision a of this section shall be deemed to have given consent to a breath test and
shall, at the request of a police officer, submit to a breath test to be administered by the
police officer. Failure to submit to such breath test shall serve as the basis for an
immediate suspension of the pedicab driver's license, subject to a prompt postsuspension hearing.
7. operate a pedicab without a currently valid motor vehicle driver's license or while
such pedicab driver's New York State motor vehicle driver's license is suspended or
revoked.
c. Pedicabs can be operated within any public park or any property under the charge
or control of the department of parks and recreation pursuant to the rules of the
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department of parks and recreation and in accordance with the rules of the department
of transportation.
d. A pedicab business shall submit to the department, upon such form prescribed by
the commissioner, a written report of every accident relating to a pedicab by such
pedicab business within twenty-four hours after the occurrence of such accident. Such
form shall be signed by a principal or officer of such pedicab business as well as by the
pedicab driver involved in such accident with an affirmation of the truth of the contents
of the form.
e. If there are exigent circumstances and a police officer or other authorized officer
or employee of any city agency directs a pedicab driver to move his or her pedicab from
any street, avenue or other location, such pedicab driver shall not operate his or her
pedicab at such street, avenue or location for the duration of such exigent
circumstances.
1. For the purposes of this subdivision, exigent circumstances shall include, but not
be limited to, unusually heavy pedestrian or vehicular traffic, existence of any
obstructions in the public space, an accident, fire or other emergency, a parade,
demonstration or other such event at or near such location.
f. If there are exceptional circumstances, the police commissioner, in consultation
with the commissioners of the departments of consumer affairs and transportation, shall
be authorized, upon notice, to restrict or prohibit any pedicab driver from operating his
or her pedicab on any street, avenue or other location for a specified period of time.
Such specified period of time shall not exceed fourteen days except, during the period
that commences November 12 and concludes January 7 of the following year, in and
around the area of Manhattan bound on the north by Fifty-ninth Street, on the south by
Thirty-ninth Street, on the east by Lexington Avenue and on the west by Eighth Avenue,
the fourteen day time limit shall not be in effect.
1. For the purposes of this subdivision, exceptional circumstances shall include, but
not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any
obstructions in the public space, a parade, demonstration or other such event or
occurrence at or near such location.
g. Every affected community board may, at any time subsequent to enactment of this
local law, conduct public hearings hereon and submit written recommendations to the
department of consumer affairs, the department of transportation, the police department
and the council. Such recommendations may include, but not be limited to, methods to
address any impact this law may have on such community with respect to pedestrian
and vehicle traffic flow.
h. A pedicab business shall design and implement policies and procedures to train
all pedicab drivers that operate any pedicabs owned by such pedicab business of the
obligation to follow all provisions of state and local law governing the operation of a
bicycle, as described in subdivision a of this section, and shall require such drivers to
provide a copy of any summons, complaint, or notice of violation of any law or
regulation received while operating a pedicab to such pedicab business, as well as a
copy of the disposition of such summons, complaint or notice of violation to such
pedicab business, within five business days of such drivers’ receipt of such documents.
It shall be unlawful for a pedicab business to fail to train pedicab drivers to ensure
compliance with such requirements.
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i. A pedicab driver who is arrested, or who receives a summons or complaint for a
traffic-related offense or other notice of violation of any law or regulation, while
operating a pedicab, shall provide a copy of the record of such arrest or a copy of such
summons, complaint or notice of violation to the pedicab business to which such
pedicab is registered within five business days of such driver’s receipt of such
documents. A pedicab driver shall also provide a copy of the disposition of such arrest,
summons, complaint, or notice of violation to such pedicab business within five days of
receipt of such disposition. It shall be unlawful for a pedicab driver to fail to provide any
of these documents to the pedicab business.
§ 20–260 Rates of pedicabs. a. The basis for calculating the amount of the charge
for the use of a pedicab shall be displayed on the pedicab at all times.
b. It shall be unlawful for a pedicab driver to charge a passenger more than the
amount or rate displayed on the pedicab.
c. The pedicab driver shall provide passengers with a receipt listing the amount of
the charge for the use of the pedicab, the license number of the pedicab business and a
telephone number of such business to which complaints by consumers shall be
directed, the pedicab driver's license number and the telephone number at the
department where complaints by consumers can be reported.
§ 20–261 Denial of license or renewal, suspension and revocation. a. In
addition to any of the powers that may be exercised by the commissioner pursuant to
this subchapter or chapter one of this title, the commissioner, after due notice and an
opportunity to be heard, may suspend or revoke a pedicab business license upon the
occurrence of any one or more of the following conditions:
1. the occurrence of fraud, misrepresentation, or false statements contained in the
application for such license;
2. the operation of a pedicab, owned by the pedicab business, by a pedicab driver
who does not have in full force and effect a pedicab driver license and a motor vehicle
driver's license;
3. the operation of a pedicab, owned by the pedicab business, that has not been
inspected or that does not have affixed to it a registration plate as required by section
20–255 of this subchapter; or
4. violation by a pedicab business of any of the provisions of chapter one of this title,
provisions of this subchapter, rules promulgated pursuant to this subchapter, or any
other law applicable to the operation of a pedicab business.
b. Notwithstanding subdivision a of this section, upon the occurrence of any of the
conditions set forth in subdivision a, if the commissioner determines that continued
possession by a pedicab owner of a pedicab business license would pose an exigent
danger to the public, the commissioner may suspend such pedicab business license,
subject to a prompt post-suspension hearing.
c. In addition to any of the powers that may be exercised by the commissioner
pursuant to this subchapter or chapter one of this title, the commissioner, after due
9
notice and an opportunity to be heard, may suspend or revoke a pedicab driver license
upon the occurrence of any one or more of the following conditions:
1. the occurrence of fraud, misrepresentation, or false statements contained in the
application for such license;
2. the operation of a pedicab that has not been inspected or that does not have
affixed to it a registration plate as required by section 20–255 of this subchapter; or
3. the violation by a pedicab driver of any of the provisions of chapter one of this title,
provisions of this subchapter, rules promulgated pursuant to this subchapter, or of any
other law applicable to the operation of a pedicab by such pedicab driver.
d. Notwithstanding subdivision c of this section, upon the occurrence of any of the
provisions set forth in subdivision c of this section, if the commissioner determines that
continued possession by a pedicab driver of a pedicab driver license would pose an
exigent danger to the public, the commissioner may suspend such pedicab driver
license, subject to a prompt post-suspension hearing.
e. Any pedicab driver who has been found, to have committed one violation of
paragraph 7 of subdivision b of section 20-259 within any twelve-month period shall
have his or her license suspended by the commissioner for a period of not less than
three months. Any pedicab driver who has been found to have committed one violation
of paragraph 6 of subdivision b of section 20-259 within any twelve-month period shall
have his or her license revoked by the commissioner.
f. Any pedicab business that has been found to have been in violation of section 20255 at least one time within any twelve month period shall have its business license
suspended by the commissioner for a period of not less than one month. Any pedicab
business that has been found to have been in violation of section 20-255 at least three
times within any twelve month period shall have its business license suspended by the
commissioner for a period of not less than one year. For purposes of this subdivision
only, all violations committed on any one day shall constitute a single violation.
f. Notwithstanding the provisions of subdivision e of this section, any pedicab
business that has been found, or pedicab driver who has been found, to have
committed at least five violations of this subchapter within any twelve month period shall
have its, his or her license revoked by the commissioner. For purposes of this
subdivision only, all violations committed on any one day shall constitute a single
violation.
g. A pedicab business that, or pedicab driver who, has had its, his or her license
revoked, in accordance with this section may not apply for a new license for three years
from the date of revocation.
h. In addition to any of the powers that may be exercised by the commissioner
pursuant to this subchapter, the commissioner, after due notice and an opportunity to be
heard, may suspend, revoke, deny or refuse to renew a pedicab business license based
on a determination that the number and/or type of violation or violations issued to
drivers of pedicabs owned by such business indicate that the operation of such
business poses a threat to public safety.
§ 20–262 Failure to display pedicab registration or pedicab driver's license. a.
In any civil, criminal, or administrative action or proceeding, the failure to display the
10
registration plate on the pedicab on which it is required to be displayed as provided in
section 20-255 of this subchapter shall be presumptive evidence that such pedicab has
not been inspected and is not duly registered as required by this subchapter.
b. In any civil, criminal or administrative action or proceeding, the failure by a
pedicab driver who is required to be licensed pursuant to the provisions of this
subchapter to display or to exhibit on demand such pedicab driver's license in
accordance with the provisions of this subchapter to any officer or employee authorized
to enforce the provisions of this subchapter, shall be presumptive evidence that such
pedicab driver is not duly licensed.
§ 20–263 Penalties. a. It is a traffic infraction to violate any provision of this
subchapter and such traffic infractions shall be punishable in accordance with section
eighteen hundred of the New York state vehicle and traffic law.
b. Any person who violates any provision of this subchapter or any rules
promulgated pursuant to this subchapter shall be subject to a civil penalty that shall not
be: (1) less than two hundred nor more than five hundred dollars for the first violation
and for each additional violation committed on the same day; (2) less than five hundred
nor more than one thousand dollars for the second violation committed, and each
additional violation committed on the same day, within a one year period; (3) less than
one thousand nor more than four thousand dollars for the third violation committed, and
each additional violation committed on the same day, within a one year period. The
pedicab business that authorizes the operation of such pedicab shall be jointly and
severally liable with the pedicab driver thereof, for the penalties imposed by this section.
c. A violation of section 20–250 or 20–257 or paragraph 6 of subdivision b of section
20–259 of this subchapter or any rules promulgated thereunder shall constitute a
violation punishable by a fine of not more than five hundred dollars or imprisonment of
up to fifteen days, or by both such fine and imprisonment.
d. Any police or peace officer or authorized officer or employee of the department,
upon service on the pedicab business or pedicab driver of a notice of violation for the
failure of the pedicab business to obtain the required inspection of a pedicab pursuant
to subdivision a of section 20–255 or for the failure of a pedicab driver to be licensed
pursuant to section 20–257, may seize such pedicab. Any pedicab seized pursuant to
this subdivision shall be delivered into the custody of the department or other
appropriate agency. The commissioner shall hold a hearing to adjudicate the violation of
subdivision a of section 20–255 or section 20–257 within two business days after the
date of the seizure and shall render his or her determination within two business days
after the conclusion of the hearing.
e. A pedicab business shall be eligible to obtain release of a pedicab seized
pursuant to subdivision d of this section prior to the hearing provided for in such
subdivision, if such business has not been found liable for a violation of subdivision a of
section 20–255 or section 20–257 within a five-year period prior to the violation resulting
in seizure. The pedicab shall be released to such business upon the posting of an all
cash bond in a form satisfactory to the commissioner in an amount sufficient to cover
the maximum civil penalties which may be imposed for a violation of subdivision a of
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section 20–255 or section 20–257 and all reasonable costs for removal and storage of
such vehicle.
f. Where the commissioner, after adjudication of the violation of subdivision a of
section 20–255 or section 20–257, finds that the pedicab business has not violated such
subdivision, the department shall promptly release such pedicab upon written demand
of the pedicab business.
g. Where the commissioner, after adjudication of the violation of subdivision a of
section 20–255 or section 20–257, finds a violation of such subdivision or such section,
then (i) if the pedicab is not subject to forfeiture pursuant to paragraph one of
subdivision i of this section, the department shall release such pedicab to the pedicab
business upon payment of all applicable civil penalties and all reasonable costs of
removal and storage; or (ii) if the pedicab is subject to forfeiture pursuant to paragraph
one of subdivision i of this section, the department may release such pedicab to the
pedicab business upon payment of all civil penalties and all reasonable costs of removal
and storage, or may commence a forfeiture action within ten days after the written
demand by such business for such pedicab.
h. The department shall establish by rule the time within which pedicabs that are not
redeemed may be deemed abandoned and the procedures for disposal.
i. 1. In addition to any other penalty or sanction provided for in section 20–261 or in
this section, a pedicab seized pursuant to subdivision d of this section, and all rights,
title and interest therein shall be subject to forfeiture to the city upon notice and judicial
determination thereof if the pedicab business that owns such pedicab has been found
liable at least two times within a five-year period for failing to have such pedicab
inspected as required by subdivision a of section 20–255 or for permitting operation by
an unlicensed pedicab driver in violation of section 20–257.
2. A forfeiture action pursuant to this subdivision shall be commenced by the filing of
a summons with a notice or a summons and complaint in accordance with the civil
practice law and rules. Such summons with notice or a summons and complaint shall be
served in accordance with the civil practice law and rules on the pedicab business that
owns such pedicab, and on any person listed on an application or other record of the
department as an owner of such pedicab. A pedicab which is the subject of such action
shall remain in the custody of the department or other appropriate agency pending the
final determination of the forfeiture action.
3. Any person who receives notice of the institution of a forfeiture action who claims
an interest in the pedicab subject to forfeiture may assert a claim in such action for the
recovery of the pedicab or satisfaction of such owner's interest in such pedicab.
4. Forfeiture pursuant to this subdivision shall be made subject to the interest of a
person who claims an interest in such pedicab pursuant to subdivision three of this
subdivision, where such person establishes that: (i) such pedicab was operated without
having been inspected as required by subdivision a of section 20–255 or operated in
violation of section 20–257 without the knowledge of such person, or if such person had
knowledge of such operation, that such person did not consent to such operation by
doing all that could reasonably have been done to prevent such operation, or (ii) that the
operation of such pedicab without having been inspected as required by subdivision a of
section 20–255 or operated in violation of section 20–257 was conducted by any person
other than such person claiming an interest in the pedicab, while such pedicab was
12
unlawfully in the possession of a person who acquired possession thereof in violation of
the criminal laws of the United States or any state.
5. The department or agency having custody of the pedicab, after judicial
determination of forfeiture, shall, by public notice of at least five days, sell such forfeited
pedicab at public sale. The net proceeds of any such sale shall be paid into the general
fund of the city.
6. In any forfeiture action commenced pursuant to this subdivision, where the court
awards a sum of money to one or more persons in satisfaction of such person's interest
in the forfeited pedicab, the total amount awarded to satisfy such interest or interests
shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle after
deduction of the lawful expenses incurred by the city, including reasonable costs of
removal and storage of the pedicab between the time of the seizure and the date of
sale.
j. The penalties provided by subdivisions a, b, c, d and i of this section shall be in
addition to any other penalty imposed by any other provision of law or rule promulgated
thereunder.
§ 20–264 Enforcement. Authorized officers and employees of the department, the
police department and any department designated by the commissioner, and any police
or peace officer shall have the power to enforce any provision of this subchapter or any
rule or regulation promulgated pursuant to this subchapter.
§ 20–265 Rules. a. The commissioner may make and promulgate such rules and
prescribe such forms as are necessary to carry out the provisions of this subchapter.
The commissioners of the department of transportation and the department of parks
and recreation may also make and promulgate such rules as are necessary to carry out
the provisions of this subchapter.
b. The commissioner may authorize pedicabs to display advertising to the extent
permitted by rules promulgated pursuant to this section.
§ 20–266 Reporting. Eighteen months after the local law that added this section,
the commissioner, in consultation with the commissioners of the departments of
transportation and the police department, shall submit a report to the mayor and the
speaker of the council regarding the effectiveness of these regulations at ensuring the
safety of pedicab consumers and minimizing the effects of pedicabs on traffic and
congestion. Such report shall include, among other things, the number of pedicab
business licenses issued, the number of pedicabs that have registered, the number of
pedicab driver licenses issued, the number of pedicab business and pedicab driver
applications received by the department, the number of pedicab business and pedicab
driver applicants on a waiting list, if any, and the number of traffic accidents involving
pedicabs.
13
rules. All laws and rules of the City of New York, including the Consumer Protection Law and
Rules, are available through the Public Access Portal, which businesses can access by visiting
www.nyc.gov/consumers. For convenience, sections of the New York City Licensing Law (and
Rules, if enacted) are included as a handout in this packet. The Law (and Rules) are current as of
August 2009.
RULES OF THE CITY OF NEW YORK
TITLE 6: DEPARTMENT OF CONSUMER AFFAIRS
CHAPTER 2: LICENSES
SUBCHAPTER GG: PEDICAB BUSINESS AND PEDICAB DRIVER
§2-415 Definitions.
Whenever used in this subchapter, the term:
(a) "Licensee" shall mean a person licensed pursuant to subchapter 9 of chapter 2 of
Title 20 of the New York City Administrative Code.
(b) "Applicant" shall mean any person applying for a pedicab business license or a
pedicab driver license or for a renewal thereof and, unless otherwise provided by law or
rule, the term shall include such person upon the issuance of such license or renewal
thereof to such applicant.
(c) "Pedicab identification" or "PID" shall mean any combination of three or more
letters and numbers that are permanently inscribed or stamped into the bottom bracket
shell, head tube, or other non-detachable metal component of a pedicab frame and that
uniquely identify the pedicab.
(d) "Accident" shall mean any event arising from the operation of a pedicab that
causes or caused injury to a person or damage to property.
§2-416 Application Procedures for and Issuance of Initial Pedicab
Business Licenses and Pedicab Registration Plates. (a) An applicant for
a pedicab business license and for the initial issuance of pedicab registration
plates shall submit a completed application for a pedicab business license,
which shall include a list that identifies by PID each of the pedicabs for which
such applicant seeks registration. This completed application must be
submitted to the Department by the end of the application period specified in
section 20-251 of the New York City Administrative Code.
(b) An applicant for a pedicab business license may present for inspection
only such pedicabs as are listed in, and identified on, the application as
specified in subdivision (a) of this section.
14
(c) A pedicab registration plate shall be issued for a pedicab to an applicant
for such plate and for a pedicab business license only upon:
(1) payment to the Department of the sixty dollar ($60) registration fee for
each additional pedicab registration plate to be issued in excess of the one
pedicab included in the annual pedicab business license fee up to the
maximum number authorized to be issued to each business licensee;
(2) submission of proof of the insurance coverage required pursuant to
section 20-253 of the Administrative Code of the City of New York for each
pedicab for which a registration plate is to be issued;
(3) presentation for inspection at the time, date and location(s) designated
by the Department of the pedicabs that are included on the list that identifies
by PID each of the pedicabs for which such applicant seeks registration;
(4) determination by the Department that a pedicab presented for inspection
passes such inspection; and
(5) determination by the Department that the applicant for the registration
plates qualifies for the issuance of the pedicab business license.
(d) a pedicab business license shall be issued only upon the Commissioner
determining that such applicant meets all the requirements of sections 20-250,
20-252 and 20-253 of the Administrative Code of the City of New York and the
requirements of this subchapter.
(e) (1) Whenever a pedicab that is presented for inspection pursuant to
subdivision (c) of this section fails such inspection, such pedicab may be
presented for re-inspection no later than 30 days after the expiration date for
filing applications for pedicab registration plates and at such times, dates and
locations designated by the Department.
(2) The Department shall re-inspect a pedicab upon payment of the fifty-five
dollar ($55) re-inspection fee.
(f) An application for a pedicab registration plate shall be void if the pedicab
for which the application was made does not qualify to be issued a registration
plate within 30 days after the expiration date for filing applications for pedicab
registration plates.
(g) An application for a pedicab registration plate that is voided pursuant to
subdivision (f) of this section shall not subsequently be reinstated.
§2-417 Proof of Insurance.
An applicant for a pedicab business license or a renewal thereof shall submit a
certificate of insurance establishing that it maintains a policy of liability insurance for the
amounts specified in section 20-253 of the Administrative Code of the City of New York
issued by an insurer authorized in this state to write such coverage, or procured by an
excess line broker pursuant to section 2118 of the New York State Insurance Law.
§2-418 Termination of License upon Change of Beneficial Ownership.
(a) A pedicab business license shall be voided upon any person or organization
becoming the beneficial owner of the licensed business entity if such person or
15
organization did not previously hold an interest, unless prior written approval from the
Commissioner is obtained to authorize such change.
(b) If the Department determines there is reason to conclude that a license is void
because a person or organization has become the beneficial owner of the licensed
business entity if such person or organization did not previously hold an interest in the
business entity to which the license was issued, without receipt of the requisite
authorization from the Commissioner, the Department will provide written notice to the
licensee. Within ten business days of the date of such written notice, the licensee has
the opportunity to be heard by submitting to the Department a written response
objecting to the Department's determination and providing written documentation that
there has been no such change in the beneficial ownership in the business entity to
which the license was issued.
(c) If the licensee fails to submit such response and documentation within such
period, the Commissioner's determination that the license is void shall be final.
(d) Upon receipt of the licensee's written objection and submission of the
documentation described above, the Commissioner shall make a determination whether
there has been a change in the beneficial ownership as specified in subdivision (a) of
this section in such business entity without having received authorization from the
Commissioner. The Commissioner's determination that the license is void because of
such change shall then be final.
(e) The voiding of a pedicab business license because of such change in the
beneficial ownership in the business entity holding such license shall be effective as of
the date of the unauthorized change in the beneficial ownership in the business entity.
Such voiding also invalidates all the pedicab registration plates issued to such licensee,
and such licensee shall, within five business days of the voiding of the pedicab business
license, surrender each such plate to the Commissioner.
§2-419 Abandonment of seized pedicab.
(a) Any pedicab that is not claimed by its owner within fifteen business
days after the mailing of the decision of the adjudication by the Commissioner
of the violation underlying the seizure shall be deemed by the Department to
be abandoned.
(b) If the Commissioner determines that the abandoned pedicab is suitable
for operation, such pedicab shall be sold at public auction to the highest
bidder.
(c) If the Commissioner determines that the abandoned pedicab is not
suitable for operation, or if the abandoned pedicab is not sold at public auction
within fifteen business days after it is offered for sale, the Commissioner shall
sell the abandoned pedicab to a scrap metal processor.
(d) Any proceeds from the sale of an abandoned pedicab less any
expenses incurred by the Department shall be held by the Department without
interest, for the benefit of the owner of the abandoned pedicab, for a period of
one year. If such proceeds have not been claimed within such one year
period, such proceeds shall be paid into the general fund of the City.
16
§2-420 Notification of Accidents Relating to the Operation of Pedicabs.
(a) Every pedicab business licensee and pedicab driver shall submit to the
Department, on a form provided for such purpose by the Department, a written report of
every accident relating to a pedicab within twenty-four hours after the occurrence of
such accident. Such completed form shall be signed by the pedicab business owner or
his or her agent and by the pedicab driver involved in the accident.
(b) Whenever any person sustains an injury requiring medical treatment or dies in an
accident related to a pedicab, the pedicab business owner to whom is issued a pedicab
business license shall immediately notify the Department by telephone and by facsimile
transmission to the telephone numbers prescribed by the Department, and furnish such
information as is sufficient to identify the time and location of the accident and the
nature of the injuries sustained by any person.
§2-421 Voiding of Pedicab Registration Plates Upon the Voiding, Suspension
or Revocation of a Pedicab Business License.
(a) Whenever a pedicab business license is suspended or revoked, has been voided
as provided in subchapter 9 of Chapter 2 of Title 20 of the Administrative Code of the
City of New York or is not renewed within the time period provided for renewal, all
pedicab registration plates issued to such licensee shall be voided as of the date of the
occurrence of such event unless the Commissioner for good cause shown, within five
days thereafter, issues a written finding staying the voiding of such registration plates
for a period not to exceed thirty days thereafter, provided such licensee establishes to
the Commissioner's satisfaction that it will be able to comply with the requirements that
were the basis for the voiding of such pedicab registration plates by the end of such
stayed period.
(b) Whenever a pedicab registration is not renewed within fifty-nine days
after it has expired, such registration shall be void, and such registration shall
not be reinstated.
§2-422 Voiding of Pedicab Business License Upon Lapse of Insurance Policy.
(a) Upon a determination by the Department that a pedicab business license is void
as provided in subdivision e of §20-253 of the Administrative Code of the City of New
York because the policy of insurance required by §20-253 of such Code has lapsed, the
Department shall immediately provide a written notice to the licensee of such
determination.
(b) A licensee has up to fourteen days following the date of the written notice of such
determination to have an opportunity to be heard by submitting to the Department a
written objection to such determination with documentation demonstrating that the
licensee has in force the policy of insurance required by §20-253 of the Administrative
Code.
(c) If the licensee fails to submit such response with the required documentation
within such period, the determination of the Department shall become final, and the
license shall be void as of the date the policy lapsed.
17
(d) Upon receipt of the written response from the licensee, the Commissioner will
make a final determination whether the policy of insurance required pursuant to §20-253
has lapsed.
§2-423 Replacement of a registered pedicab.
A licensee may replace a pedicab that is issued a current registration plate (such
pedicab to be referred to in this section as the “current pedicab”) with another pedicab
(such pedicab to be referred to in this section as the “replacement pedicab”) owned by
such licensee only if: (a) Such licensee notifies the Department in writing of the
proposed replacement, describes and substantiates the reason for the replacement,
and identifies the current pedicab by the registration plate number issued by the
Department and the PID listed with the Department for such pedicab and describes the
replacement pedicab and furnished its PID.
(b) Such licensee presents:
(1) the replacement pedicab for inspection by the Department; and
(2) either presents the pedicab registration plate that was issued to the current
pedicab, provides proof that the current pedicab and its registration plate have been
destroyed or are otherwise physically impossible to be made available, or presents the
current pedicab and surrenders to the Department the registration plate of the current
pedicab.
(c) The replacement pedicab passes inspection and the Department affixes to it a
pedicab registration plate.
§2-424 Advertisements on Pedicabs.
Advertisement(s) may be placed on any panel on a pedicab provided that no
advertisement shall be placed on the panel that displays the rates required to be posted
pursuant to §20-254 of the Administrative Code of the City of New York or on the signs
required to be posted pursuant to §20-260 of such Code, that no portion of such
advertisement shall be reflectorized, illuminated, animated, or extend beyond the panel
of the pedicab, and that the content of such advertisement shall not violate any
applicable provision of law.
§2-425 Required Signs on Pedicabs.
(a) Every pedicab shall have posted on the interior of the cab, where it is clearly
visible at all times to any seated passenger, a sign with letters in at least twenty-eight
point bold faced type containing the following information:
Licensee: (Insert name appearing on pedicab business license to which
pedicab is registered or the DBA name of such licensee).
Telephone Number: (Insert phone number of licensee).
18
Pedicab Registration Number: (Insert registration number of pedicab).
"If you have a complaint about this business, contact the NYC Department of
Consumer Affairs at:" (Insert Department's current complaint number and web
address).
(b) The printing on the sign displaying the rate information that is required to be
posted shall be in at least twenty-eight point type, and such sign shall be posted on the
outside panel on each side of a pedicab where it shall be visible to persons prior to
entering such pedicab.
§2-426 Expiration date for pedicab registration plates. Registration
plates for pedicabs shall expire annually on November 1.
§2-427 Obligation of pedicab driver to give notice of change of status
of driver’s license. Every pedicab driver shall notify the Department in writing
whenever the motor vehicle driver’s license that qualified the driver to be
issued a pedicab driver license is no longer valid for any reason, including, but
not limited to, that it was suspended or revoked by the issuing jurisdiction, it
expired and was not renewed, there is a change in the issuing jurisdiction, or
there is a change in the name of the person to whom the license is issued. A
pedicab driver shall give such notice within five business days after the driver
knows or should know of such change in the status of the motor vehicle driver’s
license that qualified the driver to be issued a pedicab driver license, and shall
within such time present to the Department a currently valid motor vehicle
driver license.
§2-428 Records. (a) A pedicab business licensee shall maintain complete,
accurate and legible records that include:
(1) a list identifying each pedicab such licensee operates, with the PID and
registration plate number issued to such pedicab;
(2) the name, pedicab driver license number issued to each pedicab driver
authorized to operate each pedicab used by such licensee, whether such driver
operates the pedicab as an employee, a lessee or in any other manner;
(3) a copy of the terms under which pedicab drivers are authorized to operate
each pedicab;
(4) a daily log of the operation of each pedicab showing the time it leaves and
is returned to the licensee’s premises, and the name of the pedicab driver who
is authorized to operate the pedicab during the period it is logged out to such
driver; and
19
(5) a copy of the record of every summons, complaint, or notice of violation of
any law or regulation issued to a pedicab driver operating a pedicab registered
to the licensee and the disposition thereof that is submitted to the pedicab
business licensee pursuant to subdivision i of section 20-259 of the
Administrative Code of the City of New York;
(6) a copy of the policies, procedures and instructional materials used for
training drivers about their obligation to follow all provisions of state and local
law governing the operation of a bicycle, including training regarding the
obligation of a driver to provide to the pedicab business licensee authorizing
the use of its pedicab a copy of any summons, complaint or notice of any law
or regulation received by such driver while operating a pedicab registered to
such pedicab business, and the basis for assessing the satisfactory completion
of the required training;
(7) a log listing the names, pedicab driver licenses, the dates and time when
they received the training required by Section 20-259 (h) of the Administrative
Code of the City of New York, and whether each pedicab driver satisfactorily
completed the training.
(b) A pedicab business licensee shall retain the records it is required to
maintain for not less than three years.
20
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New York City Department of Consumer Affairs PEDICAB BUSINESS (PREMISES) (130)

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