§ 5-04 Requirements for Revocable Consent for Sidewalk Cafes and Roadway Cafes.
RCNY § 5-04
(a)Term. The term of a revocable consent to operate a sidewalk cafe or roadway cafe shall be one license term (i.e., four years) and shall be concurrent with the term of the license granted pursuant to this chapter for the sidewalk cafe or roadway cafe.
(b)Assignment or Transfer of a Revocable Consent. Revocable consents may not be assigned, transferred, or otherwise conveyed without the written permission of the Commissioner.
(c)Petition Requirements. A petition for the granting of a revocable consent, or for a renewal, modification, or assignment of a revocable consent, may be submitted electronically on the Department’s website and must include: (1) Petition Form. An accurately completed petition form, which will be made available on the Department’s website, signed by the petitioner, who must be a person or entity permitted to operate the ground floor restaurant that occupies the premises immediately adjacent to the sidewalk and roadway areas for which the revocable consent is sought.
(2)Site Plan and Drawings. A site plan comprised of an accurate drawing depicting required clearances, the space to be occupied, and the locations of tables, chairs, barriers and vertical elements in the form provided on the Department’s website. Where a sidewalk cafe or roadway cafe will be located in part on adjacent private property, the site plan must delineate the property line. Such drawings may be, but are not required to be, developed by an architect, engineer, or other professional third party.
(3)Photographs. One or more photographs that show the entire area of or to be occupied by the sidewalk cafe or roadway cafe, and one or more photographs that show the area adjacent to the sidewalk cafe or roadway cafe, in the form provided on the Department’s website.
(4)Property Owner Consent. Where the petitioner is not the owner of the property in front of which the sidewalk cafe or roadway cafe is located, written, signed and notarized consent of such owner or a representative of a property management company authorized to provide such consent on such owner’s behalf. Upon commencement of a new lease following a transfer of ownership of the building, the written, signed and notarized consent of the new owner or a representative of a property management company authorized to provide such consent on such owner’s behalf must be secured and filed with the Department.
(5)Pest Control Plan. A certification from the petitioner that they have entered into a contract with a licensed pest control professional that includes pest control services for the sidewalk cafe or roadway cafe.
(6)Additional Information. Any additional supporting materials or information requested by the Department, including any documents, information or materials necessary to register the revocable consent agreement with the Comptroller.
(d)Additional Revocable Consent Requirements. Prior to executing the revocable consent agreement, the petitioner must submit proof of insurance and a security fee in the amounts and form set forth in the revocable consent agreement.
(e)Renewal. Petitions for renewal of a revocable consent granted pursuant to this chapter must include all forms and materials required by subdivision (c) of this section, together with all supporting documents and correspondence, except that the consent of the owner is not necessary for the issuance of a renewal during the term of the lease for the premises, including any renewals of such lease.
(f)Order of Priority. When two or more ground floor restaurants share the same sidewalk and roadway frontage, the ground floor restaurant that first submits a complete and accurate petition for a revocable consent pursuant to this chapter has priority for the operation of a sidewalk cafe or a roadway cafe in such frontage. (Added City Record 2/2/2024, eff. 3/3/2024)
