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What is NYC RCNY § 5-09?

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(a) A revocable consent for a sidewalk cafe or a roadway cafe, or a consent to operate a sidewalk cafe located on a sidewalk widening, granted pursuant to this chapter shall provide for compensation to be paid annually to the city during the continuance of the consent. Such annual compensation shall be equivalent to th

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Effective: 3/3/2024

§ 5-09 Annual Fee Rate Schedule.

RCNY § 5-09

(a)A revocable consent for a sidewalk cafe or a roadway cafe, or a consent to operate a sidewalk cafe located on a sidewalk widening, granted pursuant to this chapter shall provide for compensation to be paid annually to the city during the continuance of the consent. Such annual compensation shall be equivalent to the product of the fee rate and the square footage of such sidewalk cafe or roadway cafe.

(b)There are 4 sectors, as described on the website of the Department. The fee rate for each sector shall be as follows: SectorSidewalk Fee Rate(per square foot)Roadway Fee Rate(per square foot)1$6$52$10$83$18$144$31$25 (c) Enclosed Sidewalk Cafes.

(1)A revocable consent for an enclosed sidewalk cafe shall provide for compensation to be paid annually to the city during the continuance of the consent at a rate identical to the rate required to be paid for such cafe as of March 16, 2020 pursuant to the rules of the Department of Consumer and Worker Protection in effect prior to the date these rules take effect, as provided in subparagraphs (i) and (ii) of this paragraph. Such rules establish two zones, and compensation to be paid annually depends on the zone in which an enclosed sidewalk cafe is located. Zone One encompasses all of the area of Manhattan south of, and including both sides of, 96th Street. Zone Two encompasses all of the areas of the City of New York not included within Zone One. The rates in effect as of March 16, 2020 are: (i) $5,378.13 for the first seventy (70) square feet plus $42.02 for every additional square foot of sidewalk space occupied by an enclosed sidewalk cafe in Zone One; and (ii) $4,033.60 for the first seventy (70) square feet plus $31.51 for every additional square foot of sidewalk space occupied by an enclosed sidewalk cafe in Zone Two.

(2)On January 1, 2028, and every 4 years thereafter, the Department may increase or decrease such compensation for an enclosed sidewalk cafe in accordance with increases or decreases in the sector rate. (Added City Record 2/2/2024, eff. 3/3/2024)

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