Int. No. 883
By Council Members J. Sanchez and Louis
A Local Law to amend the New York city charter, in relation to establishing an office of sidewalk and roadway cafe sanitation within the department of sanitation
Be it enacted by the Council as follows:
Section 1. Chapter 31 of the New York city charter is amended by adding a new section 753-a to read as follows:
§ 753-a. Office of sidewalk and roadway cafe sanitation. a. Definitions. For purposes of this section, the following terms have the following meanings:
Director. The term “director” means the director of sidewalk and roadway cafe sanitation.
Office. The term “office” means the office of sidewalk and roadway cafe sanitation.
Roadway cafe. The term “roadway cafe” means an open-air portion of a ground floor restaurant containing readily removable tables, chairs, and other removable decorative items, which is located in the curb lane or parking lane of a roadway fronting the restaurant.
Sidewalk cafe. The term “sidewalk cafe” means a portion of a ground floor restaurant located on a public sidewalk or sidewalk widening fronting the restaurant.
Sidewalk or roadway cafe operator. The term “sidewalk or roadway cafe operator” means an owner, lessee, tenant, occupant, or any other person in charge of or responsible for any sidewalk cafe or roadway cafe.
b. Establishment of office. The commissioner shall establish an office of sidewalk and roadway cafe sanitation within the department of sanitation. Such office shall be headed by a director of sidewalk and roadway cafe sanitation.
c. Powers and duties. The director shall have the power and duty to:
1. Receive all 311 service requests routed to the department relating to the sanitation or cleanliness of sidewalk or roadway cafes;
2. Pursuant to sections 16-118 and 16-118.1 of the administrative code, and applicable rules of the commissioner, coordinate inspections and enforcement to occur at such sidewalk or roadway cafes;
3. Establish lists, to be updated as necessary, of:
(a) Sidewalk or roadway cafes that are the subject of 3 or more violations of subparagraph a of paragraph 2 of section 16-118 of the administrative code within any 2-calendar-year period, where such violations have been sustained at the office of administrative trials and hearings;
(b) Sidewalk cafes that are the subject of 10 or more 311 service requests within any 90-day period for the presence of garbage, refuse, rubbish, litter, trash, debris, graffiti, vermin, food scraps, feces, foul odor, or other offensive material; and,
(c) Roadway cafes that are the subject of 10 or more 311 service requests within any 90-day period from April 1 to November 29 for the presence of garbage, refuse, rubbish, litter, trash, debris, graffiti, vermin, food scraps, feces, foul odor, or other offensive material;
4. Provide to the commissioner of transportation, at least once every quarter, such list set forth at subparagraph (b) of paragraph 3 of this subdivision, and no later than March 31 every year, such lists set forth at subparagraph (a) and subparagraph (c) of paragraph 3 of this subdivision; and
5. No later than 1 year from the effective date of the local law that added this section and annually thereafter, submit to the mayor and the speaker of the council, and post on the department’s website, a report detailing sidewalk and roadway cafe sanitation and cleanliness. Such report shall include:
(a) The total number of violations, including those dismissed or sustained, and the total number of 311 service requests identified pursuant to paragraph 3 of this subdivision;
(b) The most frequent cleanliness or sanitation issues that are the bases of such violations or 311 service requests described at paragraph 3 of subdivision c of this section, including but not limited to the presence of garbage, refuse, rubbish, litter, trash, debris, graffiti, vermin, food scraps, feces, foul odor, or other offensive material;
(c) The names and locations of the sidewalk or roadway cafes that are the subjects of the most sustained violations provided at subparagraph (a) of paragraph 3 of subdivision c of this section; and
(d) The impacts of the office’s outreach efforts to sidewalk or roadway cafe operators pursuant to subdivision d of this section on compliance with department sanitation and cleanliness standards and the remediation of recurring sanitation and cleanliness violations.
d. The director shall provide education, resources, and assistance to sidewalk or roadway cafe operators to encourage compliance with department sanitation and cleanliness standards and the remediation of recurring sanitation and cleanliness violations at sidewalk or roadway cafes.
§ 2. This local law takes effect 180 days after it becomes law.
SPS
LS #22083
04/23/26 1:15 PM