General Provisions

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.