Food Safety and Community Sanitation

Guide to Apply for a Temporary Food Service Establishment Permit (Street Fair/Special Event)

New York City Licensing Center
42 Broadway, 5th Floor, New York, New York 10004
Phone: (212) 487-4104 or 4105

Page Contents

• The Application Process
• Instructions for Completing the Application for Permit
• Special requirements and instructions for applicants for a Temporary Food Service Establishment Permit

The Application Process

• Read the Temporary Food Service Establishment Permit Fact Sheet below to determine the proper permit to apply for and the required fee. This will be dependent upon the type of food sold and the duration of the event.
• Determine the documentation required to submit an application (see attached requirements checklist). This will depend upon to whom the permit will be issued.
• Complete the Application for Permit form and the "Rules & Guidelines for Operating a Temporary Food Service Establishment" form, in accordance with the instructions provided within this guide.  If you intend to manufacture or sell frozen desserts, a separate Application for Permit form must be completed.
• Please bring the completed forms and the required documentation to the Licensing Center between 9:00 AM and 5:00 PM at least 5 business days before the event. Applications must be submitted in person; none will be accepted by mail.
• If you plan on participating in more than one fair or event in a calendar year, you are required to have a Food Protection Certificate.  If you do not have one, you must register for the Food Protection Course ($105.00) prior to submission of your application(s).  Payment for the Food Protection Course must be made by certified check or money order, payable to the New York City Department of Health & Mental Hygiene, separate from the payment for the permit application(s).  Payment is required for the course even if you are applying for a fee-exempt Temporary Food Service Establishment Certificate of Registration.
• Once your application for the Temporary Food Service Establishment permit is reviewed and approved, you must pay for the permit.  Your payment, by check or money order only, must be made payable to the New York City Department of Health & Mental Hygiene. There is no fee for a Temporary Food Service Establishment Certificate of Registration.
• The Citywide Licensing Center will give you a receipt for each application submitted and accepted.  You may operate with the receipt(s) since it (they) will list all relevant information.  It will be accepted as proof of authorization by Department of Health & Mental Hygiene inspectors and by the police.

SPECIAL NOTE: If you wish to submit multiple applications for yourself, or on behalf of those your represent, you will have to see a supervisor for a "bulk drop-off" arrangement.  Depending upon the number of applications you wish to submit, you may have to allow several days to a week for processing.                       

Below is requirement information for a DOHMH Temporary Food Service Establishment or a Certificate of Registration.  The Temporary Food Service Establishment Permit is for any food service establishment which may operate at a fixed location for a temporary period of time, not to exceed 14 consecutive days, in connection with a single event or celebration such as a street fair/special event which, by definition, may be either a multi-day and/or a multi-block event.  The permit issued may not be transferred to another fair/event.  ASpecial events@ refer to  those events held on Department of Parks and Recreation property, or other events such as a carnival, circus, public exhibition, advertising campaign or business promotion, religious or fraternal organization function, or transitory gathering.  One  day/one block street fairs or special events require a Certificate of Registration (which is fee exempt) instead of the permit.

• Non-Processing Food Unit - Food unit on or in which only pre-packaged foods or foods which do not require cooking or any other treatment which exposes the food to contamination is provided (e.g., whole fruits, pre-packaged ice cream, pre-packaged snack foods, boiled hot dogs, warmed pretzels or nuts).  No slicing, shredding, cutting, adding of spices or other food ingredients, or other food processing is to be performed.

• Processing Food Unit - Food Unit on or in which foods are prepared, sliced, mixed, broiled, fried, grilled, baked or otherwise processed or in which potentially hazardous foods are handled, prepared, or served.  Potentially hazardous foods are those foods which consist in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, cooked potato, cooked rice or other ingredients, including synthetic ingredients, in a form capable of supporting (1) rapid and progressive growth of infectious, or toxigenic microorganisms, or (2) the slower growth of C. botulinum.  The addition of meat or cheese toppings to boiled hot dogs, the use of juicers, and the warming or knishes or meat patties are considered Aprocessing@ under this definition.

* These permit categories are distinguished by “class” in our database system.

The following documentation is required for obtaining a new temporary Food Service Establishment (Street Fair) Permit:

• The name of the applicant must be the same on all supporting documentation submitted, preferably the ownership name, not the doing-business-as (DBA) name.
• If the applicant is not applying in person, the person applying on their behalf must present a notarized Power of Attorney on either a standard legal form or an affidavit (Authority to Act form) provided by the Licensing Center.   
• The Power of Attorney or affidavit will be accepted by the department for a period of 90 days from the date it is signed. 
• The information provided on this Power of Attorney or affidavit must be neatly written or typed AND the person applying on behalf of the applicant must present one acceptable form of his/her photo identification as detailed below (in addition to a copy of the applicant’s photo identification). 
• Any form or document with alterations, corrections, white-out, etc., will not be accepted.
• Except where noted, “original” documentation should be provided; no faxes or copies will be accepted

The following is required for an Individual who does not have a current NYC DOHMH Food Service Establishment (Restaurant) Permit:

1. Application for Permit - Must be completed and signed where indicated.
2. Fee (money order or check only - no cash or “starter’s checks” will be accepted)
3. A notarized copy of your Business Certificate of Ownership (if operating under an assumed name), certified by the County Clerk.
4. Proof of Social Security Number or Individual Tax Identification Number (ITIN) or New York State Certificate of Authority to Collect Sales Tax (ONE of the following is required)
   1. Social Security Card or ITIN card (original only, no altered, laminated versions or stubs accepted)
   2. Medical Insurance Card or Bank Statement with SSN or ITIN on it.
   3. Out-of-state drivers license with the Social Security Number on it
   4. New York State Certificate of Authority (either the DTF-725 or the DTF-17C are accepted)
5. Proof of Home Address (ONE of the following is required)
   1. Utility bill dated within 90 days of application
   2. Apartment lease valid at time of application
   3. Bank statement or credit card statement dated within 90 days of application
   4. Valid Drivers License or Department of Motor Vehicles Non-Driver ID card
   5. Affidavit form (forms) with current utility bill or lease of the person the applicant is living with
6. Photo Identification (ONE of the following is required)
   1. Drivers License with photo or Department of Motor Vehicles Non-Driver ID card with photo
   2. Alien Registration Card or Naturalization Certificate with Photo ID
   3. U.S. or Foreign Passport with Photo ID
   4. U.S. Government Agency Issued Photo ID, including U.S.-issued Refugee Travel Document (with photo)
   5. Current or expired NYC DOHMH mobile food vendor’s license (photo ID badge)
   Note: as stated above, the photo ID must be that of the individual applying for this permit AND (if applicable) the person representing the applicant with a valid power-of-attorney (or Authority to Act form).
7. "Rules & Guidelines for Operating a Temporary Food Service Establishment" form
   Please see Rules & Guidelines for Operating a Temporary Food Service Establishment before completing this form.
8. Vendor-Sponsor Contract/Letter of Agreement - Must specify the following:
   1. The parties to whom the contract/agreement applies (i.e.-the sponsor of the event and vendor)
   2. That the vendor/applicant has been approved to work the specified fair/event
   3. The street activity/Parks Department event code
   4. The date(s) of the fair/event (and rain dates, if applicable)
   5. The location(s) (if any) assigned to the vendor/applicant
9. Food Protection Certificate (If you plan on participating in more than one event in a calendar year): This is not required at the time of application, but a Health Inspector may request to see the certificate at the fair/event.  

The following is required for a Corporation or Limited Liability Company (LLC) that does not have a current NYC DOHMH Food Service Establishment (Restaurant) Permit:

1. Application for Permit - Must be completed and signed where indicated.
2. Fee (money order or check only, no cash or “starter’s checks” will be accepted)
3. New York State Certificate of Authority (either the DTF-725 or the DTF-17C are accepted) or Official Proof of Federal EIN
   1. if proof of Federal EIN, it must be computer-generated on official letterhead from the IRS or in the IRS-issued coupon booklet.  Handwritten EIN numbers on any form are not acceptable.
4. Photo Identification (ONE of the following is required)
   1. Drivers License with photo or Department of Motor Vehicles Non-Driver ID card with photo
   2. Alien Registration Card or Naturalization Certificate with Photo ID
   3. U.S. or Foreign Passport with Photo ID
   4. U.S. Government Agency Issued Photo ID, including U.S.-issued Refugee Travel Document (with photo)
   5. Current or expired NYC DOHMH mobile food vendor’s license (photo ID badge)
   Note: as stated above, the photo ID must be that of the owner/officer of the corporation applying for this permit AND (if applicable) the person representing the owner/officer with a valid power-of-attorney (or Authority to Act form).
5. Proof of Incorporation (BOTH ‘A’ AND ‘B’ are required)
   1. Certificate of Incorporation (stamped to show it was filed with the NYS Department of State or Filing Receipt issued by the NY Secretary of State. If you are a corporation located outside of New York State, obtain a Certificate of Good Standing from your home state’s Secretary of  State and file it with an application for an “Authority to Conduct Business in New York State”  with the NYS Department of State. You must then present this “Authority” issued by the NYS Department of State when you apply for this permit.
   2. Corporate Resolution or Minutes of Meeting dated within one year of the date of application and listing the officers of the corporation/LLC. A copy of the original document is acceptable. Typed or neatly handwritten “minutes” are acceptable. Notarization is not required
6. "Rules & Guidelines for Operating a Temporary Food Service Establishment" form
   Please see Rules & Guidelines for Operating a Temporary Food Service Establishment before completing this form.
7. Vendor-Sponsor Contract/Letter of Agreement - Must specify the following:
   1. The parties to whom the contract/agreement applies (i.e., the sponsor of the event and the vendor)
   2. That the vendor/applicant has been approved to work the specified fair/event
   3. The street activity/Parks Department event code
   4. The date(s) of the fair/event (and rain dates, if applicable)
   5. The location(s) (if any) assigned to the vendor/applicant
8. Food Protection Certificate (If you plan on participating in more than one event in a calendar year):
   This is not required at the time of application, but a Health Inspector may request to see the certificate at the fair/event.

The following is required for a Partnership that does not have a current NYC DOHMH Food Service Establishment (Restaurant) Permit:

Please determine whether this is a partnership of individuals, corporations, LLC’s, or a combination of any of the above.  Based on this determination, follow the requirements above for individual or corporate/LLC applicants.  You must provide the required documentation for EACH partner listed.

In addition, the following requirements must also be met:

1. New York State Certificate of Authority (either the DTF-725 or DTF-17C are accepted)
   Or Official Proof of Federal EIN (with the partnership name on it)
2. A notarized copy of your Business Certificate of Partnership, certified by the County Clerk.

The following is required for an Individual, Corporation, LLC, or Partnership with a current NYC DOHMH Food Service Establishment (Restaurant) Permit operating at a location other than directly in front of the address listed on their current Food Service Establishment Permit:

1. Application for Permit - Must be completed and signed where indicated.
2. Fee (money order or check only, no cash or “starter’s checks” will be accepted)
3. Copy of Current NYC DOHMH Food Service Establishment Permit (or at least the permit #)
4. Photo Identification (ONE of the following is required)
   1. Drivers License with photo or Department of Motor Vehicles Non-Driver ID card with photo
   2. Alien Registration Card or Naturalization Certificate with Photo ID
   3. U.S. or Foreign Passport with Photo ID
   4. U.S. Government Agency Issued Photo ID, including U.S.-issued Refugee Travel Document (with photo)
   5. Current or expired NYC DOHMH mobile food vendor’s license (photo ID badge) or current NYC DOHMH Food Protection Certificate with photo on it.
   Note: as stated above, the photo ID must be that of the individual/owner/officer of the corporation applying for this permit AND (if applicable) the person representing the individual/owner/officer with a valid power-of-attorney (or Authority to Act form).
5. "Rules & Guidelines for Operating a Temporary Food Service Establishment" form
   Please see Rules & Guidelines for Operating a Temporary Food Service Establishment before completing this form.
6. Vendor-Sponsor Contract/Letter of Agreement - Must specify the following:
   1. The parties to whom the contract/agreement applies (i.e., the sponsor of the event and the vendor)
   2. That the vendor/applicant has been approved to work the specified fair/event
   3. The street activity/Parks Department event code
   4. The date(s) of the fair/event (and rain dates, if applicable)
   5. The location(s) (if any) assigned to the vendor/applicant
7. Food Protection Certificate (If you plan on participating in more than one event in a calendar year): This is not required at the time of application, but a Health Inspector may request to see the certificate at the fair/event. You should already have this certificate as part of the requirements for your food service establishment (restaurant) permit.

A temporary Food Service Establishment Permit for a street fair or special event is not necessary for an Individual, Corporation, LLC, or Partnership with a current NYC DOHMH Food Service Establishment Permit operating at a location directly in front of the address listed on their current food service establishment permit.

Instructions for Completing the Application for Permit

New York City Health Code Section 3.19 states:

No person shall make a false, untrue or misleading statement or forge the signature of another on a certificate, application, registration, report, or other document required to be prepared pursuant to this Code. No person shall make a false, untrue or misleading oral statement to the Department as to any matter investigated by the Department.

All information provided as part of the application package must be either typed or printed clearly in ink.  Information not provided in this format will not be accepted.

Complete all sections.

Enter the type of establishment you will be operating (from Food Establishment Classification and Fee Schedule on Page 2), next to AName of Permit '@.

SECTIONS A, B & C  

• Leave Blank. 

SECTION D

• Enter the individual owner's name, all partners' names, or corporation name in the box labeled 'Name of Corporation, Partnership or Individual Owner'. 

• Enter the name of the business (if applicable) in the space labeled 'TRADE NAME/D.B.A.'.

• In the 'STREET ADDRESS' space, enter where the event will be taking place.  For a street event, list the main street and cross streets; for a park event, list the name of the park.  Please include the street or park activity event code and booth # (if applicable) in the space labeled 'Premises Location'.

SECTION E

• Enter your home/business address in this section.       

SECTION F

• Enter your Federal Employee Identification Number (E.I.N.) or New York State Tax ID number.  For individual ownership only, enter the owner’s social security number.

SECTION G 

• Enter both the date when the event will begin, and the date when the will end.  Enter the rain date(s) for the event, if applicable.

SECTION H  (On Reverse Side of Application for Permit)

• Enter the name, home address, zip code, and title (e.g., sole owner, partner, president, vice president, secretary, treasurer) of the owner, or of all partners in the business, or of all principal officers in the corporation.

• Enter the title and telephone number of the person who signed the Application for Permit (e.g., sole owner, partner, president, vice president, secretary, treasurer).

• Enter whether the applicant is 21 years of age or over.

Signature: The person who signs the Application for Permit must be named in Section H or have Power of Attorney to sign on behalf of the applicant.

Special requirements and instructions for applicants for a Temporary Food Service Establishment Permit

Do all Temporary Food Establishments need a Permit?

A Temporary Food Service Establishment permit IS required in the following situations:

• An individual, partnership, corporation or limited liability company who (which) does not have a current NYC DOHMH Food Service Establishment (restaurant) permit.

• An individual, partnership, corporation or limited liability company who (which) does have a current NYC DOHMH Food Service Establishment (restaurant) permit, but will be operating at a location other than directly in front of the address listed on their current Food Service Establishment (restaurant) permit.

A Temporary Food Service Establishment permit IS NOT required in the following situations:

• An individual, partnership, corporation or limited liability company who (which) does have a current NYC DOHMH Food Service Establishment (restaurant) permit, and will be operating directly in front of the address listed on their current Food Service Establishment (restaurant) permit.

• Pushcarts or trucks with valid Department of Health mobile vending decals (permits).  When operating under the mobile vending permit, the vendor must also possess a valid license to vend issued by the Department of Health.

What is the difference between a Permit and Fee-exempt Certificate of Registration?

A Permit is required for a Temporary Food Establishment participating in an event lasting more than one day or more than one block in length.  For those events lasting less than one day and limited to one city block, a Temporary Food Establishment may obtain a Fee-exempt Certificate of Registration.

When is a Food Protection Certificate required?

A Food Protection Certificate is required when a vendor at a Temporary Food Service Establishment processing food participates in more than one fair or event within the same calendar year.   This certified supervisor must be present at all times that the facility is in operation.

What is the responsibility of the event sponsor?

The sponsor must be registered with one of the following:

Mayor's Community Assistance Unit, Street Activity Permit Office
100 Gold Street, 2nd Floor
New York, NY  10038
Telephone (212) 788-7347
http://www.nyc.gov/html/cau/html/street_activity/
vendor_permits.shtml

NYC Department of Parks and Recreation, Office of Special Events Citywide
The Arsenal, Central Park
830 Fifth Avenue
New York, NY  10021
(212) 360-1319
http://www.nycgovparks.org/sub_permits_and_
applications/planning_an_event.html

However, if the event is being held on private property, a signed contract or letter of agreement with the property owner authorizing the sponsor to use the property must accompany the application.

The sponsor, organization or person-in-charge may only allow vendors possessing valid Temporary Food Service Establishment Permits issued by the Department to operate at the event.

From time to time, sponsors of neighborhood events prepare and vend all of the food for the event.  In these instances, the sponsor is also the food vendor and must obtain a Permit.

What is the responsibility of the individual food vendors?

Vendors must be registered with a sponsor.  Individual vendors must present a contract or letter of agreement with the sponsor, organization or person in charge of the event, and other supporting documentation (see Application Checklist), along with their Application for Permit.  The contract or letter of agreement must specify the following:

• The parties to whom the contract/agreement applies (i.e., the sponsor of the event and the vendor)
• That the vendor/applicant has been approved to work the specified fair/event
• The street activity/Parks Department event and event code
• The date(s) of the fair/event (and rain dates, if applicable)
• The location(s) (if any) assigned to the vendor/applicant

For more information see Rules and Guidelines for Operating a Temporary Food Service Establishment.