§ 5-07 Roadway Cafe Revocable Consent Review Process.
RCNY § 5-07
(a)Department Notice. The petition for a roadway cafe revocable consent filed with the Department must be complete and accurate, as determined by the Department The Department will, within 10 business days of the filing of a complete and accurate petition to operate a roadway cafe, forward such petition by electronic mail to the Council Member in whose district the roadway cafe is proposed to be located, and to the Community Board for the community district in which the roadway cafe is proposed to be located.
(b)Comment Period. The Community Board and the affected Council Member may submit comments to the Department not later than 30 days after receipt of such petition.
(c)Department Review.
(1)Prior to granting a petition for a revocable consent to operate a roadway cafe, or for renewal of such a revocable consent, or for modification to the location of a roadway cafe or to increase the area of a roadway cafe by ten (10) percent or more, the Department will hold a public hearing. Notice of such hearing will be published by the Department at the expense of the petitioner in accordance with Section 371 of the Charter.
(2)During the Department’s review, the Department will send the petition to other agencies whose operations may be impacted by such petition for review and comment. The Department will approve the petition, disapprove it, or approve it with modifications.
(3)Notwithstanding the foregoing, the Department may deny a petition for a revocable consent to operate a roadway cafe without a hearing if, in the sole judgement of the Commissioner, the granting of such revocable consent would interfere with the use of inalienable property of the City (including but not limited to roadways and sidewalks) for public purposes or would otherwise not be in the best interest of the City. (Added City Record 2/2/2024, eff. 3/3/2024)
