§ 5-02 General Requirements.
RCNY § 5-02
(a)Requirement for a License and Revocable Consent. Any person owning, leasing, managing or operating a ground floor restaurant upon property which abuts upon any street may establish and operate a sidewalk cafe upon the sidewalk or sidewalk widening of such street in an area immediately adjacent to its premises, or a roadway cafe upon the roadway adjacent to the curb in front of such ground floor restaurant, or both, provided that such sidewalk cafe or roadway cafe must be granted a license and a revocable consent by the Commissioner, and provided further that a sidewalk cafe located entirely on a sidewalk widening must be granted a license and consent for the use of such sidewalk widening as a sidewalk cafe by the Commissioner.
(b)Enclosed Sidewalk Cafes.
(1)Notwithstanding subdivision (a), no license shall be granted or renewed for the operation of an enclosed sidewalk cafe at any location other than a location where: (i) An enclosed sidewalk cafe had been constructed pursuant to a permit issued by the Department of Buildings and in accordance with Section 3111 of the New York City Building Code prior to March 16, 2020; and (ii) An enclosed sidewalk cafe was lawfully operated as such on March 16, 2020 or at any time within four years prior to such date.
(2)Granting or renewal of any such license to operate an enclosed sidewalk cafe at such location shall be in accordance with subdivision (c) of 34 RCNY § 5-03.
(c)Landmarks Preservation Commission Review. Approval by the Landmarks Preservation Commission of a license application is required where the petition for a revocable consent to operate a sidewalk cafe or roadway cafe includes work or improvements subject to the jurisdiction of the Commission.
(d)Modification. An application to modify a license must be submitted in accordance with 34 RCNY § 5-03, and a petition to modify a revocable consent, with appropriate drawings, must be submitted in accordance with paragraph (2) of subdivision (c) of 34 RCNY § 5-04. Such application and petition shall be reviewed pursuant to the process set forth in subdivision (c) of 34 RCNY § 5-07, except that the Department shall hold a public hearing only when a licensee seeks approval (i) to increase the area of the sidewalk cafe or roadway cafe by ten (10) percent or greater, or (ii) to modify the location of a sidewalk cafe or roadway cafe.
(e)Except where expressly prohibited by law, the Commissioner may, in accordance with §§ 19-160 through 19-160.6 of the Administrative Code, waive these rules, in the interest of public safety and convenience.
(f)Compliance. A licensee must comply with all other applicable laws, rules, and regulations, including but not limited to the New York City Fire Code, New York City Building Code, New York City Health Code and the Department of Health and Mental Hygiene’s rules and regulations, as applicable. (Added City Record 2/2/2024, eff. 3/3/2024)
