§ 81.31 Outdoor Cooking, Food and Beverage Preparation Facilities.
RCNY § 81.31
(a)Street and sidewalk cooking prohibited; exceptions. There shall be no cooking, preparation, processing, or service of food, or storage of food, utensils or equipment on a street or sidewalk, except when an establishment is participating in an event as defined in 24 RCNY Health Code Article 88, or is a mobile food vending unit being operated in accordance with 24 RCNY Health Code Article 89 and other applicable law, or permission has been obtained from appropriate City agencies.
(b)Conducted on the premises owned by a food service establishment. When permission has been obtained from the Department of Buildings, Fire Department, and other agencies when required, a permitted food service establishment may cook outdoors at the establishment within the premises under the establishment's ownership, management, operation, and control, including, but not limited to, in the establishment's backyard, in accordance with this section, and other provisions of this Article.
(c)Prevention of nuisances. No nuisance shall be created, including from smoke, garbage, noise or pests.
(d)Structural components.
(1)Floors. A hard surface floor whose construction and materials comply with 24 RCNY Health Code § 81.17 shall be provided.
(2)Food protection. During food and beverage preparation, hot and cold holding, and food storage, food shall be protected at all times by covering with barriers, including, but not limited to, awnings, tents, screens, vermin-resistant containers, or other methods required by 24 RCNY Health Code § 81.07. No foods, or clean utensils and equipment, shall be stored outdoors when the outdoor cooking facility is not in operation. A hand wash sink shall be provided if any food is prepared at the outdoor cooking facility.
(3)Overhead protection. Cooking equipment and utensils shall be covered by lids or larger overhead protections such as a tent, canopy, umbrella or other device.
(4)Lighting and ventilation. Lighting and ventilation shall be provided in accordance with 24 RCNY Health Code § 81.19. (Amended City Record 7/9/2015, eff. 8/8/2015)
