§ 5-08 Temporary Authorization to Operate.
RCNY § 5-08
(a)Lapsed or Terminated Revocable Consent. Where an applicant for a license to operate a sidewalk cafe or roadway cafe submits a complete and accurate petition for a revocable consent to operate a sidewalk cafe or roadway cafe for which a revocable consent granted to another person has lapsed or was terminated, such applicant may operate the sidewalk cafe or roadway cafe at such premises pending the approval such petition, provided all of the following requirements are satisfied: (1) The plans for the cafe, submitted with the petition as required by paragraph (2) of subdivision (c) of 34 RCNY § 5-04, are the same as the plans for the cafe for which a revocable consent to operate was granted previously.
(2)Where the petition is for an enclosed sidewalk cafe, the structure of such enclosed sidewalk cafe is the same as the structure of the enclosed sidewalk cafe for which a consent had been granted previously.
(3)The petitioner makes a good faith effort to be granted a revocable consent to operate such sidewalk cafe or roadway cafe. The Department may, in its sole discretion, determine that the applicant has not made a good faith effort where the petition for a revocable consent has not been approved within one year from the date of submission due to the petitioner’s failure to submit information and materials requested by the Department. If such determination is made by the Department, the application will be deemed to have been withdrawn and the temporary authorization will be terminated.
(4)The previously granted revocable consent has lapsed or was terminated no more than two years prior to the date of submission of the petition.
(5)Where the previously granted revocable consent was terminated by the Department, such termination was not a result of non-compliance with the design requirements set forth in 34 RCNY § 5-11.
(b)Comptroller Consent Pending Registration. Where the Department has approved a petition for a revocable consent to operate a sidewalk cafe or roadway cafe, the petitioner may operate such cafe pending registration of such revocable consent by the Comptroller, provided the following requirements are satisfied: (1) The Comptroller has consented to such operation of the sidewalk cafe or roadway cafe pending registration; and (2) Where the petition is for a revocable consent to operate a sidewalk cafe, the time for Council to resolve to review such petition has expired, or the Council has resolved to review such petition and has either approved such petition or has approved such petition with modifications and the petitioner has accepted such modifications. (Added City Record 2/2/2024, eff. 3/3/2024)
