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Here's the most basic information about vending art in NYC written in a question and answer format. Please share
it with your fellow artists and vendors.
1. Are there any restrictions on selling art?
Due to the rulings in the ARTIST lawsuits, those selling visual art on public property in NYC now have the same
Constitutional protections as someone selling a book or a newspaper. This means they are no longer required to
have a vending license or Parks Department vending permit. They can sell art from a table, an easel or a stand as
long as it is within the size limits and is placed in a legal vending spot. Nevertheless, we are legally considered
vendors and remain subject to a few specific time, place and manner restrictions. If you violate these restrictions,
you could get a summons. In some instances, you may also be subject to confiscation of your art or arrest. These
“time, place and manner of display,” vending restrictions only apply if we are using a vending stand. An
alternative way to sell is called, No Stand Vending. If we are holding art in our hands and selling it; if we have a
display that does not rest on the ground (in other words we hold, wear or carry it); if we are only displaying art on
a stand and are not offering it for sale; or, if we are only creating art there are no legal restrictions on the time,
distance from a door or which streets we can sell on. This list of streets that are restricted to artists only applies if
you are using a vending stand and are selling the art. See the No Stand documents in the FILES section of the
website. Also see No Stand vending videos with examples of how to do this at:
http://www.youtube.com/profile?user=artistpresNo stand vending ONLY applies to First Amendment protected vendors and ONLY to those who are selling on a
street that is otherwise completely restricted to ALL vending. There are official NYPD documents on No Stand
vending and the list of restricted streets in the FILES section of the ARTIST website.
No Stand Vending
http://www.scribd.com/doc/56105370/No-Stand-Complete2. What are the basic vending law rules for artists?
Note: The full text of the NYC vending laws is 60 pages long. This is only a partial summary for your
convenience. Get the full text here:
http://www.scribd.com/doc/31806165/Vending...for-Artists-pdfArt vending stands must be located at least 20' from a door (10' from the door of an exclusively residential
building), 10' from a corner and must not touch or in any way be attached to a fire hydrant or other item of street
furniture such as a parking meter, sign, lightpole or telephone booth. There is no required distance from a fire
hydrant, only that you may not touch it (See hydrant laws in FILES section). The size limit of an art vending
display is 5' in height, 8' in length and 3' in width. There is no specified limit for a display of art that is not for
sale. The sidewalk must be at least 12' wide in order to use it. You cannot legally place art against a wall, on a
store window or on a fence unless you have written permission from the property owner. You cannot legally lay
art on the floor or display it on your car. While you can legally sell another person's art, one person cannot sell
from more than one stand unless the total size of the combined stands is 8' or less. Individuals selling from two or
three full-sized stands or from a grossly oversized stand are both violating the law and unfairly denying other
artists and vendors space on the street.
Tax ID
The City requires all vendors including written matter vendors and artists to have a sales tax ID and carry it with
them while vending.
To apply for a tax ID go to:
http://www.nystax.gov/forms/sales_cur_forms.htmUse form # DTF-17 (Fill-in)
DTF-17-I (Instructions)
Application to Register for a Sales Tax Certificate of Authority.
If you are not selling anything, you do not need a tax ID.
Other types of vendors (disabled veterans, food vendors, general merchandise licensed vendors) have more
restrictive legal rules and street restrictions. If you want to be sure what the current laws are and want to have
authoritative proof of them to show a police officer, get and carry the vending law documents noted above.
Restricted Streets
There are a number of streets where artists are not allowed to sell.
for a full list, go here:
http://www.scribd.com/doc/31805776/Restric...ets-for-ArtistsArtists may also sell on an otherwise completely restricted street, such as Fifth Avenue in Midtown or Prince
Street in SoHo on Saturday and Sunday if a disabled veteran vendor is set up there (OR if they are engaged in No
Stand Vending.) In the files section there is an official NYC document about artists and disabled vets. You will
want it with you if you intend to do this.
Exigent circumstances
One other important law you need to know concerns "exigent circumstances." Police can cite exigent
circumstances and then order you to close up an otherwise legal vending stand IF there is an accident, fire, parade,
protest, fire or other emergency. If a sidewalk becomes "unusually" crowded they can also cite exigent
circumstances. Exigent circumstances is a temporary emergency condition. Police cannot lawfully cite exigent
circumstances just because someone in a store or apartment house made a complaint about a vendor or artist.
What do I do if my art is ever confiscated by the police?
If the police ever confiscate your art or art display for violating vending laws it is crucial that you get a voucher
from them describing in detail whatever they took. By law, you can get everything back within 24 hours at the
precinct it was taken to regardless of the outcome of your summons case. If you have not gotten a voucher you
will likely get nothing back. The police are required by law to give you a voucher. If they refuse, make sure to get
that on tape! It is 100% legal in NY State to tape record, videotape or photograph the police. In the links section
see State by State, Rules for Taping Conversations.
This post has been edited by sandrikia on 6 Apr 2017, 01:05
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