QUESTION
I want to start a magazine vendor business on new york city sidewalks. I want to know if I am protected by the First Amendment without a license.
Asked on Aug 31st, 2011 on Business Law - New York
More details to this question:
The portable stand is roughly 6 to 7 feet wide, 4 to 5 feet high and 2 to 3 feet deep. I need to know if it is legal for me to sell magazines without a license. In addition, should I open another corporation for the stand or can I use the existing corporation of my physical store location.
2 ANSWERS
1 Award
It is definitely not legal to sell anything without a license in NYC. Do not proceed without doing so.
Answered on Oct 01st, 2011 at 10:20 AM
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1 Award
The First Amendment protects the content of speech, but it does not protect the time, place and manner of sale of newspapers and periodicals. In general, a license may be required to sell magazines in NYC from a fixed or immovable stand. The city does not require a license if the stand is truly portable. Your question does not suggest any facts from which it can be determined whether you should form a new corporation or not for this business.
Answered on Sep 01st, 2011 at 5:49 PM