N.Y.C. Admin. Code § 20-234: § 20-234 Stoop line stands on market streets.

All such licenses shall be issued by the commissioner, in his or her discretion, with the consent of the owner of the abutting premises, provided however, that where any such stand is to be located in front of any premises facing on a market street, the license shall be issued by the commissioner of small business services, in his or her discretion.