§ 5-01 Definitions.
RCNY § 5-01
For purposes of this chapter, the following terms have the following meanings: Administrative Code. The term “Administrative Code” means the Administrative Code of the City of New York. Barrier. The term “barrier” means an object placed on all sides of a roadway cafe, other than the side that fronts the restaurant, to protect patrons of a roadway cafe, that has a fully built interior wall and bottom to hold water or such other filler approved by the Department and that is removable. Clear Path. The term “clear path” means an unobstructed path on a sidewalk or sidewalk widening for pedestrian circulation. Commissioner. The term “Commissioner” means the Commissioner of Transportation, or their authorized designee. Consent. The term “consent” means an authorization, revocable at will, to an owner of real property or, with permission of the owner, to a tenant of real property to use the adjacent sidewalk widening to construct and operate a sidewalk cafe subject to the terms applicable thereto. Corrective action request or CAR. The term “corrective action request” or “CAR” means written notice by the Department that a condition created or maintained within a sidewalk cafe or roadway cafe is in violation of a provision of §§ 19-160 through 19-160.6 of the Administrative Code, these rules, or a term or condition of a license issued pursuant to this chapter, with a request that action be taken by the person to whom such notice is addressed to correct such condition. Department. The term “Department” means the Department of Transportation. Enclosed sidewalk cafe. The term “enclosed sidewalk cafe” means a sidewalk cafe that is constructed predominantly of light materials such as glass, slow-burning plastic or lightweight metal pursuant to a permit issued by the Department of Buildings. Fee rate. The term “fee rate” means the compensation to be paid per square foot to the city during the continuance of a revocable consent or a consent in an amount equal to the applicable sector rate, reduced, as determined by the Department, to account for factors including, but not limited to, the impact historical weather patterns may have on the operation of a sidewalk cafe or roadway cafe and any area of a roadway cafe occupied by barriers demarcating such cafe from the curb lane or parking lane. Floating parking lane. The term “floating parking lane” means a parking lane that is separated from the curb by a protected bicycle lane that is adjacent to the curb. Furnishing zone. The term “furnishing zone” means an area of a sidewalk that is parallel to the curb line and in which streetscape elements, such as street furniture and trees, are located. Ground floor. The term “ground floor” means the portion of a building that is visible from the street and directly accessible to the public from the street. Ground floor restaurant. The term “ground floor restaurant” means any ground floor premises that is operated pursuant to a food service establishment permit issued by the Department of Health and Mental Hygiene. Landmarks Preservation Commission or LPC. The term “Landmarks Preservation Commission” or “LPC” means the New York City Landmarks Preservation Commission. Overhead covering. The term “overhead covering” means a projection over a sidewalk cafe, other than an enclosed sidewalk cafe, or roadway cafe that is comprised of a support structure over which material is attached. Such overhead covering may provide weather protection or decoration and shall not be affixed to the building. Materials that may be used for an overhead covering include but are not limited to tensile fabric, retractable fabric, fabric panels, and rigid panelized sheet material (e.g., polycarbonate panels, panelized sheet metal panels, etc.). Petitioner. The term “petitioner” means a person or entity who submits a petition for a revocable consent for a sidewalk cafe or a roadway cafe, or an authorized representative of such person or entity. Revocable consent. The term “revocable consent” means a grant of a right, revocable at will, to an owner of real property or, with the consent of such owner, to a tenant of real property to use adjacent inalienable property of the City of New York to construct and to operate a sidewalk cafe or roadway cafe subject to the terms and conditions applicable thereto. Roadway. The term “roadway” means that portion of a street designed, improved, or ordinarily used for vehicular travel, exclusive of the shoulder and slope. Roadway cafe. The term “roadway cafe” means an open-air portion of a ground floor restaurant containing readily removable tables, chairs, and other removable decorative items, located in the curb lane or parking lane of a roadway fronting the restaurant and designed and operated pursuant to 34 RCNY §§ 5-02 through 5-12. Sector. The term “sector” means an area of the city, as determined by the Department, where the median annual rent charged for a square foot of a ground floor commercial premises, in accordance with information published by the Department of Finance pursuant to subdivision h of § 11-3101 of the Administrative Code, is similar. Sector rate. The term “sector rate” means a dollar amount determined by the Department for each sector, based on the median annual rent for a square foot of a ground floor commercial premises in such sector, as determined in accordance with the information published by the Department of Finance pursuant to subdivision h of § 11-3101 of the Administrative Code, or other similar data that the Department determines accurately reflects such median annual rent in such sector. Sidewalk. The term “sidewalk” means a portion of a street between curb lines, or lateral lines of a roadway, and the adjacent property lines, but not including the curb, intended for the use of pedestrians. Sidewalk cafe. The term “sidewalk cafe” means a portion of a ground floor restaurant that is located on a public sidewalk or sidewalk widening in front of the restaurant and that is designed and operated pursuant to 34 RCNY §§ 5-02 through 5-12. Sidewalk widening. The term “sidewalk widening” has the same meaning as in subdivision (f) of § 37-53, or a successor provision, of the zoning resolution of the city of New York. Street. The term “street” has the meaning ascribed thereto in subdivision 13 of § 1-112 of the Administrative Code. (Added City Record 2/2/2024, eff. 3/3/2024)
