N.Y.C. Admin. Code § 19-160: § 19-160 Open restaurants; license and revocable consent required for sidewalk cafe and roadway cafe.

a. Any person owning, leasing, managing or operating a ground floor restaurant upon property which abuts upon any street may establish and operate a sidewalk cafe upon the sidewalk or sidewalk widening of such street in an area immediately adjacent to its premises, or a roadway cafe upon the roadway adjacent to the curb in front of such ground floor restaurant, or both, provided that such sidewalk cafe or roadway cafe shall be granted a license and a revocable consent by the commissioner, and provided further that a sidewalk cafe located entirely on a sidewalk widening shall be granted a license and consent for the use of such sidewalk widening as a sidewalk cafe by the commissioner. Notwithstanding the preceding sentence, no such license shall be granted or renewed for the operation of an enclosed sidewalk cafe at any location other than a location where: (i) an enclosed sidewalk cafe had been constructed pursuant to a permit issued by the department of buildings and in accordance with section 3111 of the New York city building code prior to March 16, 2020; and (ii) an enclosed sidewalk cafe was lawfully operated as such on March 16, 2020 or at any time within 4 years prior to such date. Granting or renewal of any such license at such a location for the operation of an enclosed sidewalk cafe shall be in accordance with this section and section 19-160.2 of this code.

b. 1. The department, consistent with chapter 14 of the charter and the provisions of this subchapter, shall promulgate rules relating to (i) the granting of such licenses and revocable consents, and the administration of such licenses and revocable consents; (ii) the design of a sidewalk cafe or roadway cafe; (iii) priorities among applicants for a license covering the same area on a sidewalk or a roadway; (iv) the operation and maintenance of any sidewalk cafe or roadway cafe to prevent undue obstruction of the street, to ensure good order, public safety and the general welfare and to secure the beneficial purpose of opening streets to outdoor dining; and (v) the design and operation of a year-round roadway cafe, which shall include requirements for snow removal, winterization standards, and other standards specific to year-round operation to facilitate use of such cafe for the purpose of providing service throughout the year. The department of sanitation, in consultation with the department, may promulgate rules relating to cleanliness and snow removal for a roadway cafe.

2. A sidewalk cafe, other than an enclosed sidewalk cafe, shall be open-air and shall contain only readily removable tables, chairs and other removable decorative items as set forth in such rules.

3. A roadway cafe shall be open-air and contain only readily removable tables, chairs, and other removable decorative items as described in rules promulgated by the department, except that: (i) from November 30 to March 31 inclusive, the operator of a roadway cafe may, in accordance with such rules, equip such cafe with a vertical winterization covering that may be attached to an overhead covering; and (ii) the department may promulgate rules to allow the use of readily removable vertical protective coverings and overhead coverings in other circumstances that the department determines warrants the temporary use of such vertical protective coverings or overhead coverings.

4. A 15-foot emergency travel lane shall be maintained on any roadway where the department has granted a consent for a roadway cafe, provided that the department may permit an emergency travel lane width of less than 15 feet on a roadway where such an emergency travel is consistent with public safety, in accordance with the rules of the department.

5. Smoking and the use of an electronic cigarette, as defined in section 17-502, are prohibited in an outdoor area of a sidewalk cafe or a roadway cafe.

c. No rule promulgated by the department in relation to the license granted to a sidewalk cafe or a roadway cafe in accordance with subdivision b of this section shall: (i) prevent a sidewalk cafe or a roadway cafe from opening for operation at or after 10:00 a.m. daily; (ii) allow a sidewalk cafe, other than an enclosed sidewalk cafe, or a roadway cafe to operate after 11:00 p.m. daily or before 10:00 a.m. on Sundays; (iii) authorize a roadway cafe, other than a year-round roadway cafe or an existing roadway cafe with an interim license for year-round operation, to operate on any day from November 30 to March 31, inclusive; or (iv) authorize a roadway cafe to use any portion of a roadway, for which the department has granted a revocable consent to operate such cafe, for storage or any other purpose other than serving customers during operating hours.

d. A license to operate a sidewalk cafe shall be granted after the review and approval of a petition for a revocable consent to establish and operate such cafe pursuant to the provisions of this subchapter and the rules of the department, except that a license to operate a sidewalk cafe located entirely on a sidewalk widening shall be granted after review and approval of a petition for a consent to operate such sidewalk cafe in accordance with the rules of the department, which shall provide for notice of such petition to the affected community board and council member. A license to operate a roadway cafe shall be granted after the review and approval of a petition for a revocable consent to establish and operate such cafe pursuant to chapter 14 of the charter, the provisions of this subchapter, and the rules of the department. There shall be a separate license for a year-round roadway cafe and a seasonal roadway cafe. An operator of a sidewalk cafe shall cause the boundary of the area licensed as a sidewalk cafe to be marked and separated in a manner prescribed pursuant to rules of the department. An operator of a roadway cafe shall cause the boundary of the area licensed as a roadway cafe to be delineated and protected by barriers in a manner prescribed in rules of the department.

e. No license shall be granted for a sidewalk cafe or roadway cafe located in a historic district, on a landmark site or attached or adjacent to a landmark or an improvement containing an interior landmark without the applicant for such license having obtained the approval of the landmarks preservation commission, provided that the petition for a revocable consent to establish or operate a sidewalk cafe or a roadway cafe or the petition to operate a sidewalk cafe located entirely on a sidewalk widening includes work or improvements for which such approval is required pursuant to chapter 3 of title 25 of this code. The landmarks preservation commission shall make a determination on such application no later than 10 business days after the date of receipt of a complete application, unless the landmarks preservation commission determines that such sidewalk cafe or roadway cafe may have an effect on the exterior architectural features of a landmark or a building or buildings within a historic district and a public hearing is required.

f. No license or revocable consent or consent with respect to a sidewalk cafe located entirely on a sidewalk widening shall be granted for a sidewalk cafe or roadway cafe which obstructs the means of egress from any portion of a building.

g. There shall be separate fees for a sidewalk cafe license, a year-round roadway cafe license, and a seasonal roadway cafe license. The fee for a license to establish and operate a sidewalk cafe, and for the renewal of such a license, shall be $1,050 for each license period. The fee for a license to establish and operate a year-round roadway cafe, and for the renewal of such a license, shall be $1,050 for each license period. The fee for a license to establish and operate a seasonal roadway cafe, and for the renewal of such a license, shall be $1,050 for each license period. Such license and renewal fees shall be in addition to the amount required to be paid upon approval of a petition for a revocable consent, or renewal thereof, to establish and operate a sidewalk cafe or roadway cafe.

h. The term of a license granted pursuant to this subchapter shall be 4 years.

i. A licensee must provide adequate service to maintain the tables in the sidewalk cafe or roadway cafe and the adjacent street in a manner that ensures good order and cleanliness.

j. The license to establish and operate a sidewalk cafe or a roadway cafe shall be personal to the applicant and may not be sold, leased or transferred. Such license shall not be deemed revoked by the sale or transfer of the lease or of title to the building or structure to which the sidewalk cafe or roadway cafe is related unless such sale or transfer materially alters the plans submitted for the license application or the revocable consent.

k. The department shall grant an interim license to an existing roadway cafe solely for year-round operation provided that such cafe submits an application by electronic means, on the department’s website for such an interim license in accordance with this subdivision. Notwithstanding subdivision h of this section, the term of such interim license shall be 1 year, and may be renewed each year during the term of the revocable consent granted to such existing roadway cafe. The fee for such interim license for year-round operation shall be $630 and shall be in addition to the fee paid to obtain a license for a roadway cafe. Upon the expiration of an interim license for year-round operation of a roadway cafe, and failure to renew such interim license, a roadway cafe may only operate year-round, including the period from November 30 through March 31, where the department grants a license to operate a year-round roadway cafe in accordance with this section, and a revocable consent for a year-round roadway cafe in accordance with section 19-160.1.

(L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023; Am. L.L. 2026/135, 8/31/2026, eff. 8/31/2026)