By Michael McDowell

Will the Upper West Side be one day filled with vegan taco trucks, momo carts, or Thai on wheels?

It’s possible, if legislation scheduled for a Committee on Consumer Affairs and Business Licensing hearing Thursday morning continues to make its way through City Council to Mayor Bill de Blasio.

The proposed legislation would, over the next decade, gradually expand the number of permits for street vending and dismantle the black market on which such permits are currently leased. It would also create a centralized, interagency Office of Street Vendor Enforcement, to be operational by September 1, 2019, which would “exclusively enforce vending laws.” It would additionally establish a Street Vendor Advisory Board composed of “vendors, brick and mortar small businesses, representatives from community groups, labor unions, property owners, and city agencies.”

Council Member Mark Levine, who is a sponsor of the bill, called it a “win-win,” in an interview with the Rag.

“Street vending has been a cherished path to economic opportunity in this city for centuries, and it remains an important part of New York’s character and our street life. Street vendors, like everybody else, have to obey the rules, and we’ve never really had consistent enforcement. We’ve also had a problem of a huge illegal market in permits. This legislation would address both issues,” he said.

The new rules would be good for the city, Levine affirmed.

“Look, I would be malnourished if it weren’t for the street vendors of New York City. When you lead a busy schedule like me, they are lifesavers. So I have a personal stake in making sure that they remain part of the culinary options of this city,” he concluded.

Council Member Helen Rosenthal is not a sponsor.

“We are studying the bill very carefully—especially with an eye to any impacts on Upper West Side residents—and will have more to say shortly,” a spokeswoman told the Rag.

Roberta Semer, Chair of Community Board 7, explained to the Rag that while the board has no official position, it is closely following this legislation, and hopes community boards will have more input as to vendor placement if more permits are to become available.

In addition to community board input, Semer is sensitive to street clutter, and concerned about the impact the presence of additional vendors could have on already struggling local businesses. However, “we are certainly not opposed to [the bill],” she emphasized.

Mohamed Attia, Co-Director of the Street Vendor Project at the Urban Justice Center, disputed the suggestion that street vendors compete with brick and mortar.

“There is no evidence, in any neighborhood nationwide, that when vendors move in they take away business from brick and mortar [businesses]. In fact, many studies have found that the opposite happens, and here in New York City, neighborhoods have lost a lot of business when the vendors go away,” he told the Rag. On the other hand, “when vendors go to a new neighborhood, the neighborhood becomes more vital and more exciting—it improves the neighborhood.”

There are three distinct varieties of street vendor: food vendors, merchandise vendors, and First Amendment vendors, who sell protected categories of goods including books, artwork, and newspapers. Food vendors must obtain two types of permits: a food vendor license, and a permit for the unit from which they are selling: a cart or a truck (merchandise vendors need only a general vendor license).

“There has been no increase in permits for food vending, which the city capped at 3,000 in 1983. This has led to the creation of a black market for these permits, which have been held by some people for many years—people who live in different countries, in Egypt and Greece, for example, and still hold onto their permit, because they know it’s worth something. They’ll rent it every two years to real vendors, and it’s a problem, because they are taking advantage of the system and they know that people who need the permit will pay,” Attia said.

How much does it cost to rent such a permit?

“It can be anything from $20-25,000 dollars, and it’s increasing every year,” he said.

At present, Attia estimates that 80-90 percent of food vendors are forced to obtain permits on the underground market.

Upper West Siders who are concerned about block-long tables full of books and other merchandise should note that it is only food vendors who are impacted by the current permit cap. Neither general merchandise vendors nor First Amendment vendors are affected.

“The great thing about this new bill is that the new permits will be attached to the vendor themselves, so nobody can sell them or rent that permit in any other market. [If the bill passes,] it will quickly eliminate the underground market,” Attia said.

Ultimately, it’s a question of how the use of public space is regulated in a city where space is scarce. On the Upper West Side, do we value vegan taco trucks, Citi Bike docks, or clutter-free sidewalks with plenty of space for dogs, strollers, or friends and neighbors with mobility limitations?

Attia makes a convincing case for more of a certain kind of vendor, at least.

“I promise you, once we pass this legislation, you are going to find a momo truck on the Upper West Side and you won’t have to travel to Jackson Heights anymore.”