The provisions of this Chapter shall be in effect only until the adoption of initial rules governing the Permanent Open Restaurants program by an authorized agency following authorizing legislation by the City Council.

In conjunction with the termination of this Chapter, the following provisions shall also be terminated:

(a)        defined terms in Section 12-10 (DEFINITIONS):

enclosed sidewalk cafe;

sidewalk cafe;

small sidewalk cafe; and

unenclosed sidewalk cafe;

(b)        provisions in Section 22-00 (GENERAL PROVISIONS) regarding sidewalk cafes in R10H Districts;

(c)        provisions regarding sidewalk cafes in the Special 125th Street District, as set forth in Sections 97-03 (District Pan and Maps), 97-13 (Permitted Sidewalk Cafe Locations), and Map 2 (Permitted Sidewalk Cafe Locations) in Appendix A of Article IX, Chapter 7; and

(d)        provisions regarding sidewalk cafes in the Special Long Island City Mixed Use District, as set forth in Sections 117-03 (District Plan and Maps), 117-05 (Permitted Sidewalk Cafe Locations), and on the Permitted Sidewalk Cafe Locations map in Appendix A of Article XI, Chapter 7.

In harmony with the general purpose and intent of this Resolution, and the general purposes of the sidewalk cafe regulations, certain specified regulations concerning area eligibility, sidewalk locational criteria and physical criteria for sidewalk cafes, in general, and specifically for enclosed sidewalk cafes, are herein established.

The three types of sidewalk cafes that are permitted by the regulations of this Chapter and defined in Section 12-10 (DEFINITIONS) are enclosed sidewalk cafes, unenclosed sidewalk cafes and small sidewalk cafes.

The amendments to Article I, Chapter 4, adopted by the City Council on January 29, 2003, shall become effective March 27, 2003.

Physical criteria, including structural and operational requirements for sidewalk cafes, and unenclosed sidewalk cafes in particular, shall be regulated by the Department of Consumer Affairs and found in Title 6, Chapter 2, Subchapter F., of the Rules of the City of New York.

Licenses for all sidewalk cafes must be obtained from the Department of Consumer Affairs, or its successor.

The regulations of this Section, governing clear path, clearance at intersection of streets, clearance from large obstructions and minimum distance between two cafes shall apply to all enclosed sidewalk cafes.

(a)        Clear path

There shall be a minimum of 8 feet, 0 inches clear distance or 50 percent of the sidewalk width, whichever is greater, free of all obstructions, in order to allow adequate pedestrian movement.

The minimum distance shall be measured from the portion of the enclosed sidewalk cafe frontage that is nearest either the curb line or the nearest obstruction. In no event may recesses in the enclosed sidewalk cafe frontage be used to satisfy this unobstructed width requirement, except that the corners of the enclosed sidewalk cafe may be rounded or mitered. A clearance of 8 feet, 0 inches shall be maintained around the corners of enclosed sidewalk cafes, measured in radius.

For the purpose of the minimum clear path, but not the clearance from corners of enclosed sidewalk cafes, parking meters, traffic signs, and trees that have gratings flush to grade, without fences or guards, shall not count as obstructions

In the case of a street for which a mall plan or other special plan has been adopted, the clear path requirements pursuant to this Section shall be deemed satisfied if there is not less than an 8 feet, 0 inches clear path.

(b)        Clearance at intersections of street line

There shall be a minimum of 9 feet, 0 inches clearance, free of all obstructions with no exception, measured from the outer edge of the enclosed sidewalk cafe to the curbside obstacle. The corner of the enclosed sidewalk cafe wall may be rounded or mitered. Such distance shall be measured from the outer edge of the enclosed sidewalk cafe to either the curb line or the nearest obstruction.

(c)        Clearance from large obstructions

All enclosed sidewalk cafes shall be a minimum of 15 feet from large obstructions. For the purposes of this Section, large obstructions shall be bus stop shelters, newsstands, subway entrances or any other object greater than 15 square feet in area. The closed end of a subway entrance located along the front lot line may abut an enclosed sidewalk cafe.

(d)        Minimum distance between enclosed sidewalk cafes

There shall be a minimum distance of 40 feet between the near end walls of two enclosed sidewalk cafes if an entrance to a ground floor commercial use, other than an entrance to the eating or drinking place associated with either enclosed sidewalk cafe, is located between them.

There shall be a minimum distance of 15 feet between the near end walls of two enclosed sidewalk cafes if an entrance to a ground floor non-commercial use, or a use located above or below the ground floor, other than an entrance to the eating or drinking place associated with either enclosed sidewalk cafe, is located between them.

In all Commercial Districts or Manufacturing Districts, where enclosed sidewalk cafes are permitted in accordance with the provisions of this Chapter, the City Planning Commission may permit, upon application, modifications to the locational or physical criteria regulations for enclosed sidewalk cafes, except that there shall be no modification of Sections 14-41 (Locations Where Certain Sidewalk Cafes Are Not Permitted), 14-42 (Locations Where Enclosed Sidewalk Cafes Are Not Permitted), 14-44 (Special Zoning Districts Where Certain Sidewalk Cafes Are Permitted) and 14-45 (Street Malls Where Certain Sidewalk Cafes Are Permitted), provided the Commission finds that:

(a)        the enclosed sidewalk cafe is developed consistent with the general purposes and objectives of this Chapter;

(b)        any proposed modification to the requirements of this Chapter will result in good overall design and enhance the general character of the street and the neighborhood;

(c)        any proposed modifications to the requirements of this Chapter will not cause a serious adverse effect on pedestrian traffic;

(d)        the restaurant or enclosed sidewalk cafe provides access for persons with disabilities;

(e)        where a proposed enclosed sidewalk cafe is located between two existing stoops, it will not project beyond the stoops; and

(f)        modifications to the provisions of paragraph (a) of Section 14-11 (Locational Criteria for Enclosed Sidewalk Cafes) shall be limited to the minimum clear path for a proposed enclosed sidewalk cafe that would be located on a street with a special pedestrian plan.

No enclosed or unenclosed sidewalk cafes shall be permitted on any of the following streets, portions of streets and areas, except that small sidewalk cafes may be permitted pursuant to the provisions of Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted).

Citywide:

All streets with elevated rail transit lines, unless specifically permitted in Section 14-43.

Manhattan:

All streets bounded by 38th Street on the south, 59th Street on the north, Third Avenue on the east and Eighth Avenue on the west

All streets within M1-5B Districts and the Special SoHo-NoHo Mixed Use District, south of Houston Street

Bowery — from East Broadway to Canal Street

Elizabeth Street — from Bayard Street to Canal Street

Pell Street — the entire length

Mott Street — from Park Row to Canal Street

Mulberry Street — from Worth Street to Canal Street

Bayard Street — the entire length

Doyers Street — the entire length

All streets facing Chatham Square

Canal Street — the entire length

Orchard Street — from Canal Street to Houston Street

Delancey Street — from Norfolk Street to the Bowery

Eighth Street — from Avenue A to Sixth Avenue

14th Street — from Second Avenue to Eighth Avenue

23rd Street — from the East River to Eighth Avenue

31st Street — from Fifth Avenue to Eighth Avenue

32nd Street — from Fifth Avenue to Eighth Avenue

33rd Street — from Fifth Avenue to Eighth Avenue

34th Street — from the East River to Eighth Avenue

42nd Street — from the East River to Eighth Avenue

All streets or portions of streets bounded by 43rd Street on the south, 45th Street on the north, Eighth Avenue on the east and, on the west, a line 150 feet west of Eighth Avenue

57th Street — from the East River to Eighth Avenue

58th Street — from the East River to Eighth Avenue

59th Street — from the East River to Fifth Avenue

59th Street — from Sixth Avenue to Columbus Circle

All streets bounded by 59th Street on the south, 61st Street on the north, Fifth Avenue on the west and, on the east, a line 125 feet east of Fifth Avenue

60th Street — from Third Avenue to Fifth Avenue

61st Street — from Third Avenue to Fifth Avenue

62nd Street — from Second Avenue to Fifth Avenue

63rd Street — from Second Avenue to Fifth Avenue

68th Street — from First Avenue to Fifth Avenue

72nd Street — from the East River to Fifth Avenue

77th Street — from First Avenue to Fifth Avenue

79th Street — from the East River to Fifth Avenue

86th Street — from the East River to Fifth Avenue, south side only

86th Street — from the East River to 125 feet east of York Avenue, north side only, and from York Avenue to Fifth Avenue, north side only

116th Street — from Malcolm X Boulevard to Frederick Douglass Boulevard

First Avenue — from 48th Street to 59th Street

Third Avenue — from 59th Street to 62nd Street

Lexington Avenue — the entire length

Park Avenue — the entire length from 38th Street, northward

Madison Avenue — the entire length

Fifth Avenue — from Washington Square North to 61st Street

Sixth Avenue — from 31st Street to 38th Street

Broadway — from 31st Street to 38th Street

Seventh Avenue — from 31st Street to 38th Street

Eighth Avenue — from 31st Street to 38th Street

Herald Square.

Brooklyn:

13th Avenue — from 39th Street to New Utrecht Avenue

86th Street — from Third Avenue to Gowanus Expressway

Court Street — from Schermerhorn Street to Montague Street.

Queens:

82nd Street — from 34th Avenue to 41st Avenue

Austin Street — from Yellowstone Boulevard to Ascan Avenue

Junction Boulevard — from Northern Boulevard to 41st Avenue

Roosevelt Avenue — from Union Street to Prince Street

Skillman Avenue — from 43rd Street to 56th Street.

No enclosed sidewalk cafe shall be permitted on any of the following streets.

Manhattan:

Bleecker Street — from Bank Street to Mercer Street

Central Park South — from Fifth Avenue to Sixth Avenue

Park Avenue South and Park Avenue — from 31st Street to 38th Street

86th Street — from the East River to Fifth Avenue.

Small sidewalk cafes may be located wherever sidewalk cafes are permitted. In addition, only small sidewalk cafes shall be allowed on the following streets, notwithstanding any regulations set forth in Sections 14-41 or 14-42 prohibiting certain sidewalk cafes on such streets.

Manhattan:

Orchard Street — from Canal Street to Houston Street

Delancey Street — from Norfolk Street to the Bowery

Centre Street — from Canal Street to Spring Street

Lafayette Street — from Canal Street to Houston Street

Sixth Avenue — from Canal Street to a line 100 feet south of Spring Street

Special Union Square District¹

14th Street — from Second Avenue to Irving Place

14th Street — from a line 100 feet west of University Place to Eighth Avenue

23rd Street — from the East River to Eighth Avenue

31st Street — from Fifth Avenue to a line 200 feet east of Broadway

34th Street — from the East River to Fifth Avenue

35th Street — from a line 150 feet east of Fifth Avenue to a line 150 feet east of Sixth Avenue

36th Street — from a line 150 feet east of Fifth Avenue to a line 150 feet west of Fifth Avenue

37th Street — from a line 150 feet east of Fifth Avenue to a line 150 feet west of Fifth Avenue

37th Street — from a line 150 feet east of Sixth Avenue to Broadway

38th Street — from Third Avenue to Seventh Avenue

39th Street — from Exit Street to Seventh Avenue

40th Street — from a line 100 feet east of Exit Street to Broadway

41st Street — from a line 100 feet east of Exit Street to Third Avenue

42nd Street — from First Avenue to Third Avenue

42nd Street — from Fifth Avenue to a line 275 feet east of Sixth Avenue

All streets bounded by 43rd Street on the south, 46th Street on the north, a line 200 feet east of Third Avenue on the east and Third Avenue on the west

43rd Street — from Fifth Avenue to Sixth Avenue

44th Street — from Fifth Avenue to Sixth Avenue

45th Street — from Fifth Avenue to Sixth Avenue

46th Street — from Fifth Avenue to Sixth Avenue

47th Street — from a line 200 feet east of Third Avenue to Third Avenue

48th Street — from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west

49th Street — from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west

50th Street — from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west

51st Street — from a line 150 feet east of Third Avenue to Eighth Avenue

52nd Street — from a line 160 feet east of Third Avenue to Eighth Avenue

53rd Street — from a line 160 feet east of Third Avenue to Eighth Avenue

54th Street — from a line 150 feet east of Third Avenue to Eighth Avenue

55th Street — from a line 100 feet west of Second Avenue to Eighth Avenue

56th Street — from a line 100 feet west of Second Avenue to Eighth Avenue

57th Street — from the East River to Eighth Avenue

58th Street — from the East River to Eighth Avenue

59th Street — from the East River to Second Avenue

59th Street (Central Park South) — from Sixth Avenue to Columbus Circle

60th Street — from Lexington Avenue to Fifth Avenue

61st Street — from Third Avenue to Fifth Avenue

62nd Street — from Second Avenue to Fifth Avenue

63rd Street — from Second Avenue to Fifth Avenue

86th Street — from First Avenue to a line 125 feet east of Second Avenue, south side only

116th Street — from Malcolm X Boulevard to Frederick Douglass Boulevard

Special 125th Street District – only as set forth in Section 97-13 (Permitted Small Sidewalk Cafe Locations)

First Avenue — from 48th Street to 56th Street

Third Avenue — from 38th Street to 62nd Street

Lexington Avenue — from a line 100 feet south of 23rd Street to a line 100 feet north of 34th Street

Lexington Avenue — the entire length from a line 100 feet north of 96th Street, northward

Park Avenue — from 38th Street to 40th Street

Park Avenue — from 48th Street to 60th Street

Park Avenue — the entire length from a line 100 feet north of 96th Street, northward

Madison Avenue — from 23rd Street to 38th Street

Madison Avenue — from 59th Street to 61st Street

Special Madison Avenue Preservation District²

Madison Avenue — the entire length from a line 100 feet north of 96th Street, northward

Fifth Avenue — from 12th Street to 33rd Street

Fifth Avenue — from 59th Street to 61st Street

Sixth Avenue — from 36th Street to 42nd Street

Sixth Avenue — from a line 150 feet north of 42nd Street to 48th Street

Sixth Avenue — from 50th Street to Central Park South

Seventh Avenue — from 50th Street to Central Park South

Broadway — from 36th Street to 40th Street

Broadway — from 50th Street to Columbus Circle

Columbus Circle — from Eighth Avenue, westward, to Broadway.

¹        Small sidewalk cafes are not allowed on 14th Street

²        Small sidewalk cafes are not allowed on 86th Street within the Special Madison Avenue District

Queens:

Jackson Avenue, north side — from 44th Drive to the prolongation of Dutch Kills Street

Queens Boulevard — from a line 100 feet west of 39th Place to 48th Street

Queens Plaza North — from 23rd Street to Northern Boulevard

Queens Plaza South — from 23rd Street to Jackson Avenue

Skillman Avenue, north side — from 45th Street to a line 100 feet east of 51st Street, including that portion within the Special Planned Community Preservation District

Skillman Avenue, south side — from 45th Street to 51st Street, excluding that portion within the Special Planned Community Preservation District.

Enclosed or unenclosed sidewalk cafes shall be permitted, as indicated, in the following special zoning districts, where allowed by the underlying zoning. Small sidewalk cafes, however, may be located on streets or portions of streets within special zoning districts pursuant to the provisions of Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted).

¹          Unenclosed sidewalk cafes are allowed on Greenwich Avenue.

²          Unenclosed sidewalk cafes are not allowed on State, Whitehall or Chambers Streets or Broadway.

³          Enclosed sidewalk cafes are allowed in Subdistrict B.

⁴          Unenclosed sidewalk cafes are allowed on the east side of Malcolm X Boulevard between West 125th and West 126th Streets, on the west side of Malcolm X Boulevard between West 124th and West 125th Streets and on the east side of Fifth Avenue between East 125th and East 126th Streets.

⁵          Unenclosed sidewalk cafes are allowed only on wide streets except they are not allowed on the west side of Ninth Avenue between West 15th Street and West 16th Street. Unenclosed sidewalk cafes shall also be allowed on West 27th Street between Eleventh Avenue and Joe DiMaggio Highway.

⁶          Unenclosed sidewalk cafes are not permitted south of Houston Street, except for small sidewalk cafes in locations designated in Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted)

¹        Sidewalk cafes are not allowed on Ocean Parkway

¹        Sidewalk cafes are not allowed on Austin Street

²        See Appendix A in Article XI, Chapter 7

Sidewalk cafes are permitted as indicated in the following malls where allowed by the underlying zoning.

¹        Enclosed sidewalk cafes are allowed along DeKalb Avenue