N.Y.C. Admin. Code § 19-160.1: § 19-160.1 Review and approval of petitions to establish and operate roadway cafes.

a. It shall be unlawful for any person to establish or operate a roadway cafe without a revocable consent granted pursuant to chapter 14 of the charter, this section and any rules adopted by the commissioner pursuant thereto.

b. The petition shall be in such form as prescribed by rules of the department and shall include an accurate drawing depicting required clearances, the space to be occupied, whether such cafe would operate as a year-round roadway cafe or a seasonal roadway cafe, and the locations of tables, chairs, barriers and other permitted objects; provided, however, that the department shall not require that such drawing be developed, reviewed or approved by an architect, engineer, or other professional third party. The petition shall be reviewed by the department and other relevant agencies as determined by the department.

b-1. The department may prescribe separate forms and procedures for the review of a petition for a revocable consent to operate a year-round roadway cafe where an applicant has been granted a license and revocable consent to operate a roadway cafe, and where an applicant has been granted an interim license for year-round operation of an existing roadway cafe.

c. A revocable consent for a roadway cafe 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 a roadway cafe. There shall be 4 sectors, as described on the website of the department, provided that sectors 3 and 4 shall only include the area south of and including 125th Street in the borough of Manhattan and the fee rate for sector 1 shall apply to a minimum of 80 percent of the city.

1. The fee rate for each sector for a revocable consent for a seasonal roadway cafe shall be as follows:

Sector

Fee Rate

1

$5

2

$8

3

$14

4

$25

2. The fee rate for each sector for a revocable consent for a year-round roadway cafe shall be as follows:

Sector

Fee Rate

1

$6

2

$10

3

$18

4

$31

d. A roadway cafe may not be operated prior to the approval of a petition for a consent therefor by the department pursuant to chapter 14 of the charter, this section and any rules promulgated by the department, except as otherwise provided by section 19-160.6 or subdivision k of section 19-160.

e. The department shall provide notice of a petition for a revocable consent for a roadway cafe to the affected community board and council member, and, to the extent practicable, provide an opportunity for both the community board and council member to submit comments to the department related to each petition in a manner prescribed in rules of the department.

f. 1. The term of a revocable consent, and the term of a renewal of such revocable consent, granted pursuant to this section shall be 1 license period and shall be concurrent with such license period. For the purposes of this subdivision, a license period shall not include the portion of the term of an interim license granted pursuant to subdivision k of section 19-160.

2. Unless the mayor has determined that separate and additional mayoral approval is not required for approval of a petition for a revocable consent or any category of such petition, such approval shall be necessary.

g. Notwithstanding any provision of a revocable consent granted to an existing roadway cafe pursuant to this section to the contrary, such revocable consent shall be deemed to have been granted for year-round operation for the remainder of the term of such revocable consent.

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