City of New York Urban Park Service Parks & Recreation Parks Enforcement Patrot ‘Adrian Benepe Raymond G. Brown Commissioner Director he Arveaat veal Norile Central Park 1234 Kifth Ave. New York, New York 10021 New Yorks, New York 10029 LI S43 Bronoweay ‘Yo AtfConcemed; ‘When dealing with vendors who are selling first amendment protected items (see attached Police Department Operations Orde #39 ted 9-21-04 fora description of such vendors), Remember the following, -No artwork should be displayed on the ground. ~Boxes of merchandise are to be stored under the display table. “The display table should not be more than eight (8) feet long by three (3) feet wide by five (5) feet high. -No vendor should be in front of any entrance or exit to a park, -No vending in a bus stop or other area that are restricted to vendors. -No displaying on a park beaches. : Ifyou encounter a vendor who is in violation of one of the above, you should advise the vendor to correct the violation, If they fail to do so ina timely fashion (5 ~ 10 minutes) you would then issue them a summons under te fotlowir g section of Parks Rules # Regulations, ‘A03 56 RCNY1-03(¢)(1) Failure to comply with directives of officer/park employee, PENALTY $250 DEFAULT $1,000 A23.S6 RCNY1-04(0) Obstruction of benches, sitting areas. PENALTY 50 DEFAULT $200 {the vendor is selling items listed on page 2 of attached Police Department Operations Order #39 dated (09-21-04 Crafts and Merchindise, and are required (o bave a General Vendors License. You should issue ‘thei a summons under the following section of Parks Rutes & Regulations, A28 56 RCNY1-05(b) Uniuthorized vending PENALTY $250 DEFAULT $1,000 1f property is seized and vendor is demanding their property to be returned, refer to Urban Park Service Officer's Field Manual sec'ion DPR 3-470 on page 224 for direction.cord 1. A recent federal district court decision has ordered the City and this Department to permit au ‘who sell band painted hats, or so-called graffiti hats, to operate in public places without o first obtained a Department of Consumer Affairs General Vendor's License. To ensure compliance with this ruling, members of the service are reminded of the following guidelines when determining which items or wares are considered protected with regard to the enforcement of laws addressing street vendors. Newspapers "+ Greeting or Holiday Cards - Pamphlets ~ Coloring Books ~ Books + Items bearing political messages (¢.g., buttons, T-shirts, flags) ~ Periodicals ~~ Magazines - * Trading and Playing Cards - ** Songs and Movies (CDs, DVDs, Audio and Video Tapes) *Only those playing and/or trading cards thai coniain a textual message are 10 be considered Protected items. Playing and/or trading cards that contain merely a photograph or picture in ‘addition to their designation (e.g., the 9 of hearts) are not protected. ‘** Street vendors, including licensed general vendors and disabled veteran vendors, who sell or display ‘for sale songs and movies (CDs, DVDs, audio and video tapes) that are in violation of New York State Penal Law Article 275 (Unauthorized Recordings) and Section 165.71 (Trademark Counterfeiting) may be arrested and charged with the appropriate section of law. NOTE —_ Members of the service are reminded that the street vendor need NOT be the same person as the ‘artist who created the work. * Street photographers for ire are vendor's who take a person's pleture in the street and receive a fee in ‘exchange for the immediate deltvery of the photograph. However. a street photographer for hire who uses equipment that mast be placed upon the sidewalk, such as, for example, a tripod or light stanchion, ‘may only place such equipment at the curd in the same manner as a licensed general vendor to display goods. Lot?NOTE Members of the service are reminded that street vendors claiming First Amendment Protection mutt abide by the same size and placement rertrctions om their displays az licensed general ‘exempt items in conjunction with wares that do not receive First Amendment protection may be treated as an unlicensed general vendor with respect only 410 the non-exempt wares. The items or wares listed above that receive First Amendment protection are intended Sor illustrative purposes only and are not meant to be an exhaustive or exclusive lis Members of the service should carefully consider any item that bears a statement or ‘dmage that conveys a message as a potentially exempt item. ‘Crafts (e.g., Figurines) Jewelry Perfume ~ Clothing/Fabrics (Sce **Paintings) Incense ~ Leather Goods 7 - Oils ~ Miniature Engravings on Rice or Other Items ~ Printing plain leters or characters of any language, ., Chinese, Greek, Cyrillic, on paper or ‘some other medium in a manner that does not convey a message (e.g, simply writing a name at the request of a purchaser). 2 er iembers of the service who have questions regarding the contents of this directive or any other street vending related issue are encouraged to contact the Legal Burean at (646)610-S400. 3. Finest Message, Serial # 011134, transmitted July 23, 2004, is hereby REVOKED. 4. commanding Officers will ensure that the contents of this order are brought to the attention of members of their commands. BY DIRECTION OF THE POLICE COMMISSIONER DISTRIBUTIOIN ‘All Commands OPERATIONS ORDER NO. 39 rerug, 02, 2004 “The New York City Department of Consumer Affairs : 42 Broadway Re: Vending Inquiry New York, NY 10004-1716 Gretchen Dykstra ‘Commissioner ‘Dear Sir! Madam: ‘This is in response to your inquiry about vending and whether a General Vendors license is required for what you wish to sell on the streets of the City of New York. See the lists below for examples of what would or would not require a General Vendors license. ‘Non-Exempt Materials — A General Vendors License Is Required + The Sale of “Crafts and Other Merchandise”: * Crafts/e.g. figurines Jewelry ‘Incense + Clothing/Fabries + Perfume and Oils «Leather goods Exempt Materials ~ A General Veni icense Is NOT Reauired + The Sale of “Written Matter” and other Firs: Amendment ite + Newspapers + Pamphiets Books + Items bearing political messages '* Periodicals (e.g. buttons, t-shirts, flags) ‘© Sports Trading Cards ‘* Songs and movies (CDs, DVDs, videos) ¢ The Sale of “Visual Art”: These items were specifically delineated as “visual art” and therefore protected by the First Amendment in Bery v. City of New York, 97 F.3d 689 (24 Cir. 1996): Paintings Prints © Photographs «* Sculptures You should be advised that the only available General Vendors licenses at this time are reserved for honorably discharged veterans. I am enclosing a copy of the General Vendors Law and a list of streets restricted 10 Book Vendors and Artists, also known as “First Amendment Vendors.” Such vendors would also have to comply with all relevant display restrictions found in the law. Assistant Commissioner for Legal Affairs 212-487-3961