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File #: Int 1957-2020    Version: Name: Temporary space for outdoor dining.
Type: Introduction Status: Enacted (Mayor's Desk for Signature)
Committee: Committee on Consumer Affairs and Business Licensing
On agenda: 5/28/2020
Enactment date: Law number:
Title: A Local Law in relation to temporary space for outdoor dining
Sponsors: Antonio Reynoso, Mark Gjonaj , Carlina Rivera , Laurie A. Cumbo, Keith Powers , James G. Van Bramer, Brad S. Lander, Diana Ayala , Donovan J. Richards, Rafael Salamanca, Jr., Ben Kallos, Corey D. Johnson, Costa G. Constantinides, Robert F. Holden, Paul A. Vallone, Justin L. Brannan, Daniel Dromm , Karen Koslowitz, Francisco P. Moya, Mark Levine, Helen K. Rosenthal, Inez D. Barron, Alicka Ampry-Samuel
Council Member Sponsors: 23
Summary: This bill requires the City to create an open restaurants program that would allow restaurants to offer outdoor dining to patrons on sidewalks and other approved open space. The Department of Transportation (DOT) is required to create a self-certification process that restaurants owners must complete before offering outdoor dining. Such process would not require DOT approval, however, a self-certification could be suspended or terminated by the Department for non-compliance with requirements of the program or for the protection of health or safety. In addition, the City would be required to identify additional areas where food vendors could temporarily operate. The program will run until at least September 8, 2020, with the possibility of extension, but it shall expire by December 31, 2020.
Attachments: 1. Summary of Int. No. 1957-A, 2. Summary of Int. No. 1957, 3. Int. No. 1957, 4. Committee Report 6/4/20, 5. Hearing Testimony 6/4/20, 6. Hearing Testimony 6/4/20 (Con't), 7. Hearing Transcript 6/4/20, 8. May 28, 2020 - Stated Meeting Agenda with Links to Files, 9. Hearing Transcript - Stated Meeting 5-28-20, 10. Proposed Int. No. 1957-A - 6/22/20, 11. Committee Report 6/25/20, 12. Hearing Transcript 6/25/20, 13. Committee Report - Stated Meeting, 14. Fiscal Impact Statement
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/25/2020AAntonio Reynoso City Council Sent to Mayor by Council  Action details Meeting details Not available
6/25/2020AAntonio Reynoso City Council Approved by CouncilPass Action details Meeting details Not available
6/25/2020*Antonio Reynoso Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
6/25/2020*Antonio Reynoso Committee on Consumer Affairs and Business Licensing Amendment Proposed by Comm  Action details Meeting details Not available
6/25/2020*Antonio Reynoso Committee on Consumer Affairs and Business Licensing Amended by Committee  Action details Meeting details Not available
6/25/2020AAntonio Reynoso Committee on Consumer Affairs and Business Licensing Approved by CommitteePass Action details Meeting details Not available
6/4/2020*Antonio Reynoso Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
6/4/2020*Antonio Reynoso Committee on Consumer Affairs and Business Licensing Laid Over by Committee  Action details Meeting details Not available
5/28/2020*Antonio Reynoso City Council Referred to Comm by Council  Action details Meeting details Not available
5/28/2020*Antonio Reynoso City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1957-A

 

By Council Members Reynoso, Gjonaj, Rivera, Cumbo, Powers, Van Bramer, Lander, Ayala, Richards, Salamanca, Kallos, the Speaker (Council Member Johnson), Constantinides, Holden, Vallone, Brannan, Dromm, Koslowitz, Moya, Levine, Rosenthal, Barron and Ampry-Samuel

 

A Local Law in relation to temporary space for outdoor dining

 

Be it enacted by the Council as follows:

 

Section 1. Temporary space for outdoor dining. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Food service establishment. The term “food service establishment” has the same meaning as set forth in subdivision s of section 81.03 of the health code of the city of New York.

Food vendor. The term “food vendor” has the same meaning as in section 17-306 of the administrative code of the city of New York.

Open space. The term “open space” means any location of roadway seating or sidewalk seating, or any other public outdoor location, including but not limited to a sidewalk, pedestrian plaza, roadway, or public parking lot, that may be used by a food service establishment for temporary outdoor dining and that has been approved for such use by the department of transportation.

Pedestrian plaza. The term “pedestrian plaza” has the same meaning as set forth in section 19-157 of the administrative code of the city of New York.

Roadway seating. The term “roadway seating” means seating located in the roadway adjacent to the curb in front of the business frontage of a food service establishment in accordance with guidelines established by the department of transportation.

Sidewalk seating. The term “sidewalk seating” means seating located outside the business frontage of a food service establishment in accordance with guidelines established by the department of transportation.

Temporary outdoor dining area. The term “temporary outdoor dining area” means a portion of any food service establishment operated under permit from the department of health and mental hygiene that is located in an open space.

b. Open restaurants program. 1. The city shall establish an open restaurants program pursuant to which a food service establishment may operate a temporary outdoor dining area.

2. A food service establishment shall be permitted to operate roadway seating or sidewalk seating after the completion of an online self-certification application, which shall be in a form and manner as determined by the department of transportation. The department of transportation may establish a process to allow for the use of other types of open space as temporary outdoor dining areas.

3. There shall be no fee for participation in such program.

c. Vendors. Notwithstanding section 17-315 of the administrative code of the city of the New York, as part of such program, the department of transportation, in consultation with the department of health and mental hygiene and any other agency as designated by the mayor, may designate a sidewalk, pedestrian plaza, roadway, or public parking lot as an area in which a food vendor may vend, provided that such vendor adheres to any guidelines issued by the department of health and mental hygiene.

d. Compliance with other laws. Nothing in this local law shall relieve a food service establishment from their obligation to adhere to all emergency executive orders issued pursuant to section 24 or 29-a of the executive law, and to all local, state, and federal requirements relating to health and safety, except as modified by any such emergency executive order or this local law. Any food service establishment participating in the open restaurants program shall adhere to all applicable guidance issued by the department of transportation, the department of health and mental hygiene, the New York state department of health, and the New York state liquor authority.

e. Validity of a self-certification. A self-certification submitted pursuant to the outdoor restaurants program shall remain valid until terminated or suspended by the department of transportation. The department may terminate or suspend a self-certification for non-compliance with the requirements of such program or as necessary to protect health or safety.

f. Expiration. The outdoor restaurants program shall remain in effect until September 8, 2020 or until such later date as the department of transportation shall determine; provided however that such program shall not remain in effect after December 31, 2020. The department of transportation shall provide the speaker of the council notice five days prior to the termination of such the program.

§ 2. This local law takes effect immediately.

 

 

 

 

 

LS 14975

6/17/20 11:21PM