New York City Council Header
File #: Int 0876-2012    Version: Name: Operation of a sidewalk café.
Type: Introduction Status: Enacted
Committee: Committee on Consumer Affairs
On agenda: 6/13/2012
Enactment date: 12/30/2013 Law number: 2013/137
Title: A Local Law to amend the administrative code of the city of New York, in relation to the operation of a sidewalk cafe.
Sponsors: Daniel R. Garodnick, Gale A. Brewer, Leroy G. Comrie, Jr., Vincent J. Gentile, Letitia James, Peter A. Koo, Domenic M. Recchia, Jr., Jumaane D. Williams, Ruben Wills, James F. Gennaro, James G. Van Bramer
Council Member Sponsors: 11
Attachments: 1. Int. No. 876 - 6/13/12, 2. Additional Subcommittee on Zoning Hearing for 5-7-13, 3. Committee Report 5/7/13, 4. Hearing Testimony 5/7/13, 5. Hearing Transcript 5/7/13, 6. Committee Report 12/18/13, 7. Hearing Transcript 12/18/13, 8. Fiscal Impact Statement, 9. Mayor's Letter, 10. Hearing Transcript - Stated Meeting 12-19-13, 11. Local Law 137
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/30/2013ADaniel R. Garodnick City Council Recved from Mayor by Council  Action details Meeting details Not available
12/30/2013ADaniel R. Garodnick Mayor Signed Into Law by Mayor  Action details Meeting details Not available
12/30/2013ADaniel R. Garodnick Mayor Hearing Held by Mayor  Action details Meeting details Not available
12/19/2013ADaniel R. Garodnick City Council Sent to Mayor by Council  Action details Meeting details Not available
12/19/2013ADaniel R. Garodnick City Council Approved by CouncilPass Action details Meeting details Not available
12/18/2013*Daniel R. Garodnick Committee on Consumer Affairs Hearing Held by Committee  Action details Meeting details Not available
12/18/2013*Daniel R. Garodnick Committee on Consumer Affairs Amendment Proposed by Comm  Action details Meeting details Not available
12/18/2013*Daniel R. Garodnick Committee on Consumer Affairs Amended by Committee  Action details Meeting details Not available
12/18/2013ADaniel R. Garodnick Committee on Consumer Affairs Approved by CommitteePass Action details Meeting details Not available
5/7/2013*Daniel R. Garodnick Subcommittee on Zoning and Franchises Laid Over by Subcommittee  Action details Meeting details Not available
5/7/2013*Daniel R. Garodnick Subcommittee on Zoning and Franchises Amendment Proposed by Comm  Action details Meeting details Not available
5/7/2013*Daniel R. Garodnick Subcommittee on Zoning and Franchises Hearing Held by Committee  Action details Meeting details Not available
5/7/2013*Daniel R. Garodnick Committee on Consumer Affairs Laid Over by Committee  Action details Meeting details Not available
5/7/2013*Daniel R. Garodnick Committee on Consumer Affairs Amendment Proposed by Comm  Action details Meeting details Not available
5/7/2013*Daniel R. Garodnick Committee on Consumer Affairs Hearing Held by Committee  Action details Meeting details Not available
6/13/2012*Daniel R. Garodnick City Council Introduced by Council  Action details Meeting details Not available
6/13/2012*Daniel R. Garodnick City Council Referred to Comm by Council  Action details Meeting details Not available
Int. No. 876-A
 
By Council Members Garodnick, Brewer, Comrie, Gentile, James, Koo, Recchia, Williams, Wills, Gennaro and Van Bramer
 
 
A Local Law to amend the administrative code of the city of New York, in relation to the operation of a sidewalk cafe.
 
 
Be it enacted by the Council as follows:
 
Section 1.   Subdivision i of section 20-225 of the administrative code of the city of New York, as amended by local law number 8 for the year 2003, is amended to read as follows:
i. (1) The term of the revocable consent shall be one license period and shall be concurrent with such license period.  The term of the renewal of such revocable consent shall be two consecutive license periods and shall be concurrent with such license periods.
(2) The consent shall be [for such term and] upon such conditions as may be provided in the approval of the petition by the department, as such approval may be modified by action of the council pursuant to subdivision h of this section, but shall be revocable at any time by the department. The separate and additional approval of the mayor shall be necessary to its validity.
§ 2. Subdivision g of section 20-226 of the administrative code of the city of New York, as amended by local law number 8 for the year 2003, is amended to read as follows:
g. (1) The term of the revocable consent shall be one license period and shall be concurrent with such license period.  The term of the renewal of such revocable consent shall be two consecutive license periods and shall be concurrent with such license periods.
(2) The consent shall be [for such term and] upon such conditions as may be provided in the approval of the petition by the department, as such approval may be modified by action of the council pursuant to subdivision f of this section, but shall be revocable at any time by the department. The separate and additional approval of the mayor shall be necessary to its validity.
§ 3. Section 20-227.1 of the administrative code of the city of New York is amended by adding a new subdivision h to read as follows:
h. For purposes of this section, a person shall not be deemed to be operating an unlicensed sidewalk cafe if such person:
(1) submitted a timely and complete petition to renew a revocable consent issued pursuant to section 20-225 or 20-226 of this subchapter and such petition has not yet been approved or denied by the department;
(2) held a valid license issued pursuant to section 20-224 of this subchapter at the time such petition to renew a revocable consent was submitted; and
(3) provided proof to the department that such person has cured any violation of this subchapter, or of the terms and conditions of such license or revocable consent within ten days after having been found guilty of such violation, or, where cure within ten days is not possible, at the earliest practicable date.
            § 4.  This local law shall take effect one hundred and twenty days after its enactment, provided, however, that the commissioner may take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the adoption of any necessary rules.
 
RC
12/10/13
LS# 1887