Selling prints on the Street (NYC)

[jpb]

I am interested is setting up a small table to seel my photos (8x12

prints) on the street in New York City. However, I have heard

contradictory advice on doing so, so I hope someone out there might

have an answer or at least know if a good resource to find an

authoritative answer.

 

I had always heard that people selling their own artwork and

booksellers are exempt from needing a vendors license. Booksellers

are exempt because of a first amendment right. Not sure if that?s

the same reason for exempting people selling their own artwork (as

opposed to manufactured goods or works by other people). However,

the other day I was taking to a photographer who was selling her

works in much the same way I envision selling mine (though her

collection was considerably larger than mine), and she told me, when

I mentioned my plan, ?Make sure you get your retail number.?

 

Here?s the question:

 

Was her comment ? do you think ? based in legality or was it just a

way of discouraging competition (our photos are very different, but

she would not have known that)? T set up a small table on the

sidewalk ? and adhering to the laws about placement of tables begin

far enough from traffic and storefronts ? do you think I need a

vendors license a retail number or any other formal documentation?

 

Thanks,

jb

[benjamindbloom]

I would eschew speculation and call City Hall. They should be able to tell you if you require a license or not.

[jpb]

Problem is, every gov't agency I've spoken to has told me they are the wrong one to ask and has referred me elsewhere... ad infinitum. Does anyone know if an authoritative source that might provide a more definitely answer than a bureaucratic guess? I?m inclined to think I can just set up my table, but I fear a squad car pulling up to confiscate all my photos.

[aslan_ivo]

In 1995, the US Circuit Court of Appeals for the 2nd Circuit ruled in the case of Bery v. NYC that the city had to give the same permit exemption to sellers of visual artworks as it gave to sellers of written material. Thus, there is no vending license required in NYC for photo sales. You can find this case online. However, there are still other regulations involved such as where you can set up your table. Also, the line between what constitutes "art" and what is merely a "commercial goods" is not terribly clear.

[jpb]

Well, that's an answer I can get some research out of. Thanks very much!

[j-f vergel]

A good place to start is by dialing 311. It's the city's information line.

[fivetonsflax]

The retail # that that seller referred to is for tax purposes. You don't need a license to sell

on the street, but you do need to pay sales tax on your receipts. At least, this is what *I*

was told when *I* asked a guy selling art on the street. It makes sense, though.

 

If you call 311, they will connect you to the Department of Consumer Affairs. DCA's # is

212 487-4110.

 

Good luck! How do you intend to present your work on the street? Will you mat and/or

frame it? What's your pricing going to be? I'm looking into doing the same, and I'm not

sure about all these issues.

[jpb]

Thanks Ben,

 

I am going to mat my prints and sell them in those clear poly sleeves. Framing is just too much of an investment for me right now. I'm trying to keep the prices down, like under 50.00, and will be selling mostly 8x12 prints (some smaller and a few larger). I?m working out all the details now.

 

Where are you thinking of selling? Are you in NYC too?

 

Good luck,

jb

[joe baker pine bush ny]

years ago i sold fruit on the streets of nyc near wtc,it was a no peddeling zone and i was given a summons. also if your a veteran you can get a veterans peddeling permit free of cost.i found that a good place to peddle in nyc was down on the west side waterfront, it,s in the peddleing zone and there are lots of people looking for something arty from nyc to take home. jbaker0213@frontiernet.net

[aslan_ivo]

I just posted some rules I found about this. See my post in Photograpy Business forum, http://www.photo.net/bboard/q-and-a-fetch-msg?msg_id=00Dqvt

[rico_mendes]

all you need for photos or prints it's a tax i.d call an E.I.N employer identification number you can get it on line

by gooble just type E.I.N and you will receive it by fax or mail by callin the 1800 number ~

that is the rigth law no police can enforce any law againts it! if he does it will not stand in court!

this much i can tip you with now i need your help on this matter so i ask you?

do you buy your pictures on wholesale if so where ? let me know of any supplier store in nyc if you will?

i have a tax i.d & i am willin to work with any photoprint saler just to make some money to grow in to the business!

ok! thank you! hope this enougth to encourage you to star sellin your pics now!