Int. No. 623

By Council Members Vallone Jr., McMahon, Fidler, Gennaro, Martinez, Recchia Jr. and Stewart

A Local Law to amend the administrative code of the city of New York, in relation to gates used to secure commercial premises.

Be it enacted by the Council as follows:

Section 1.  Article five of subchapter six of chapter one of title twenty-seven of the administrative code of the city of New York is amended by adding a new section 27-371.1 to read as follows:

§27-371.1  Gates. a.  For purposes of this section the following terms shall apply:

(1) “Commercial premises” shall mean any premises, including buildings or spaces classified in occupancy group C or occupancy group E, at which goods or services are sold directly to consumers or other businesses, and may, in appropriate instances to be determined by the commissioner, also include any other class of real property that is used for the conduct of any business, trade or profession.

(2) “Gate” shall mean any structure that can be swung, drawn or lowered to secure a commercial premises.

b.  No gate may be used to secure a commercial premises where such property is abutting the sidewalk unless such gate, when closed, permits visibility from the outside of at least seventy percent of the area covered by such gate.

c.  The provisions of this section shall not apply to existing buildings or spaces where there are gates that do not permit visibility from the outside of at least seventy percent of the area covered by such gate, except that such buildings or spaces shall be made to comply with the provisions of this section by July first two thousand fifteen or when such gate is replaced, which ever occurs first.

§2.  This local law shall take effect immediately.

LS# 2438

TNN

04/07/05, 1:00 pm