§ 5-05 Sidewalk Cafe Revocable Consent Review Process.
RCNY § 5-05
(a)Department Notice. The petition filed with the Department must be complete and accurate, as determined by the Department. The Department will, within 5 days of the filing of a complete and accurate petition, forward such petition by electronic mail to the Borough President of the borough in which the sidewalk cafe is proposed to be located, the Speaker of the Council and the Council Member of the district in which the sidewalk cafe is proposed to be located, for information purposes, and to the Community Board for the community district in which the sidewalk cafe is proposed to be located, for review pursuant to subdivision (b).
(b)Community Board Review.
(1)No later than 40 days after receipt of such petition, the Board must either: (i) Notify the public of such petition, conduct a public hearing thereon, and submit a written recommendation to the Department, provided, however, the Department may at its discretion accept a written recommendation submitted, following a public hearing, more than 40 days after receipt of the petition; or (ii) Waive, by a written statement, its public hearing and recommendation on such petition in accordance with the requirements set forth in subdivision (b) of § 19-160.2 of the Administrative Code.
(2)If a Community Board does not submit a written recommendation to the Department within 40 days of receipt of the petition, the public hearing and recommendation will be considered waived by such Board.
(c)Department Review.
(3)The Department shall hold the public hearing when: (i) A Community Board has submitted a recommendation to deny the petition; (ii) A Community Board has submitted a recommendation to approve the petition with substantial modifications or conditions and the petitioner does not agree to adopt such modifications; or (iii) The Department has determined that such a hearing would be beneficial to address a concern about the effect of a sidewalk cafe at the proposed location.
(4)During the Department’s review period, the Department will send the petition to city agencies whose operations may be affected by such petition for review and comment, including but not limited to the New York City Fire Department, the Mayor’s Office for People with Disabilities, and the LPC.
(5)Upon the Department’s determination to disapprove a petition, the Department will notify the petitioner, and the petitioner may submit a written statement to the Department within ten (10) days of such determination. The Department will consider any comments set forth in a timely delivered written statement. If the Department affirms its decision to disapprove the petition, such disapproval shall be a final determination of the Department.
(6)The Department may hear one or more petitions at the same public hearing upon a determination that doing so is in the public interest.
(7)Department Notice of Public Hearing.
(i)At least 15 days prior to the date of a hearing required to be held pursuant to paragraph (3) of this subdivision, the Department will give notice of such hearing to the petitioner, the Community Board for the district in which the sidewalk cafe is proposed to be located, the President of the Borough in which such cafe is proposed to be located and the Council Member of the Council district in which such cafe is proposed to be located.
(ii)Not less than five (5) calendar days prior to the date of any such hearing, the Department will publish notice of the hearing in the City Record, and in the print or online edition of one newspaper of local circulation in the community where such cafe is proposed to be located. The petitioner shall bear the cost of publication in the print or online edition of such newspaper.
(d)City Council and Mayoral Review. Upon receipt of such petition, the Council may resolve by majority vote of all the Council Members to review the petition in accordance with subdivisions (e) and (f) of § 19-160.2 of the Administrative Code. If the Council does not so resolve, the approval of the petition by the Department will be forwarded to the Mayor unless the petition, or the category of such petition, is one for which the Mayor has determined that separate and additional mayoral approval is not required.
(e)Comptroller Registration. Upon approval of a petition, the Department will notify the petitioner that it petition has been approved and will file the revocable consent agreement with the Comptroller for registration pursuant to Section 328 of the City Charter. Upon notification that the revocable consent agreement has been registered, DOT will issue the license along with a copy of the executed revocable consent agreement to the petitioner. (Added City Record 2/2/2024, eff. 3/3/2024)
