New York City Council Header
File #: Int 1168-2018    Version: Name: Extending the call-up deadlines for review of revocable consents for sidewalk cafes.
Type: Introduction Status: Committee
Committee: Committee on Land Use
On agenda: 10/17/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to extending the call-up deadlines for review of revocable consents for sidewalk cafes.
Sponsors: Rafael Salamanca, Jr., Ben Kallos, Kalman Yeger
Council Member Sponsors: 3
Summary: This bill would extend the amount of time the Council has to “call up” applications for revocable consents for enclose and unenclosed sidewalk cafes from 20 to 40 days. It would also extend from 50 to 60 days the duration of the review period.
Attachments: 1. Summary of Int. No. 1168-A, 2. Summary of Int. No. 1168, 3. Int. No. 1168, 4. October 17, 2018 - Stated Meeting Agenda with Links to Files, 5. Proposed Int. No. 1168-A - 11/14/18

Proposed Int. No. 1168-A

 

By Council Members Salamanca, Kallos and Yeger

 

A Local Law to amend the administrative code of the city of New York, in relation to extending the call-up deadlines for review of revocable consents for sidewalk cafes.

 

Be it enacted by the Council as follows:

 

Section 1. Subdivisions g and h of section 20-225 of the administrative code of the city of New York are amended to read as follows:

g. Within [twenty] 40 days of the date the petition is received by the council pursuant to subdivision f of this section, the council may resolve by the majority vote of all council members to review the petition. If the council does not so resolve, the approval of the petition by the department shall be forwarded to the mayor for approval pursuant to subdivision i of this section, unless, in accordance with that subdivision, the petition is one for which the mayor has determined that separate and additional mayoral approval is not required.

h. If the council resolves to review a petition pursuant to subdivision g of this section, the council shall hold a public hearing, after giving public notice not less than five days in advance of such hearing. The council shall take final action on the petition and shall file with the mayor its resolution, if any, with respect to the petition, except that if, in accordance with subdivision i of this section, the petition is one for which the mayor has determined that separate and additional mayoral approval is not required, the council shall file its resolution with the department. Such filing of the resolution shall take place within [fifty] 60 days of the filing of the petition with the council pursuant to subdivision f of this section. The affirmative vote of a majority of all the council members shall be required to approve, approve with modifications or disapprove the petition. Any modifications by the council shall not affect the terms of any proposed revocable consent agreement which relate to term, compensation, revocability, exclusivity, security, insurance, indemnification, erection, maintenance or removal of any structure, right of access by the city and rights of abutting property owners. If within the time period provided for in this subdivision, the council fails to act or fails to act by the required vote on a petition, the council shall be deemed to have approved the petition.

§ 2.  Subdivisions e and f of section 20-226 of the administrative code of the city of New York are amended to read as follows:

e. Within [twenty] 40 days of the date the petition is received by the council pursuant to subdivision c of this section, the council may resolve by majority vote of all the council members to review the petition. If the council does not so resolve, the approval of the petition by the department shall be forwarded to the mayor for approval pursuant to subdivision g of this section, unless, in accordance with that subdivision, the petition is one for which the mayor has determined that separate and additional mayoral approval is not required.

f. If the council resolves to review a petition pursuant to subdivision e of this section, the council shall hold a public hearing, after giving public notice not less than five days in advance of such hearing. The council shall take final action on the petition and shall file with the mayor its resolution, if any, with respect to the petition, except that if, in accordance with subdivision g of this section, the petition is one for which the mayor has determined that separate and additional mayoral approval is not required, the council shall file its resolution with the department. Such filing of the resolution shall take place within [fifty] 60 days of the filing of the petition with the council pursuant to subdivision c of this section. The affirmative vote of a majority of all the council members shall be required to approve, approve with modifications or disapprove the petition. Any modification by the council shall not affect the terms of any proposed revocable consent agreement which relate to term, compensation, revocability, exclusivity, security, insurance, indemnification, erection, maintenance or removal of any structure, right of access by the city and rights of abutting property owners. If within the time period provided for in this subdivision, the council fails to act or fails to act by the required vote on a petition, the council shall be deemed to have approved the petition. If within the time period provided for in this subdivision, the council approves the petition with modifications, the petitioner shall accept such modifications within fifteen days of such approval, or the council shall be deemed to have denied the petition.

§ 3. This local law takes effect 60 days after it becomes law.

 

 

 

 

 

 

 

 

JHC

LS #8062

11/14//2018