File #: Int 2096-2020    Version: Name: Authorizing the department of consumer and worker protection to issue temporary operating licenses to sidewalk cafe applicants if certain requirements are satisfied.
Type: Introduction Status: Enacted
Committee: Committee on Consumer Affairs and Business Licensing
On agenda: 9/23/2020
Enactment date: 1/15/2022 Law number: 2022/039
Title: A Local Law to amend the administrative code of the city of New York, in relation to authorizing the department of consumer and worker protection to issue temporary operating licenses to sidewalk cafe applicants if certain requirements are satisfied
Sponsors: Ben Kallos, Keith Powers , Daniel Dromm , James F. Gennaro
Council Member Sponsors: 4
Summary: This bill would allow the Department of Consumer and Worker Protection to issue temporary operating licenses to applicants for a sidewalk café license if the plans for the new sidewalk café are identical to the plans for a previously operating sidewalk café at the same location. This bill would also allow the Department to issue a temporary operating license to new sidewalk cafe applicants whose petitions have been approved but are pending registration by the Comptroller.
Attachments: 1. Summary of Int. No. 2096-A, 2. Summary of Int. No. 2096, 3. Int. No. 2096, 4. September 23, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 9-23-20, 6. Minutes of the Stated Meeting - September 23, 2020, 7. Committee Report 9/30/20, 8. Hearing Testimony 9/30/20, 9. Hearing Transcript 9/30/20, 10. Proposed Int. No. 2096-A - 12/9/21, 11. Committee Report 12/14/21, 12. Hearing Transcript 12/14/21, 13. Committee Report - Stated Meeting, 14. December 15, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 12-15-21, 16. Int. No. 2096-A (FINAL), 17. Fiscal Impact Statement, 18. Legislative Documents - Letter to the Mayor, 19. Local Law 39
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/15/2022ABen Kallos Administration City Charter Rule Adopted  Action details Meeting details Not available
1/14/2022ABen Kallos City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/15/2021ABen Kallos City Council Sent to Mayor by Council  Action details Meeting details Not available
12/15/2021ABen Kallos City Council Approved by CouncilPass Action details Meeting details Not available
12/14/2021*Ben Kallos Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
12/14/2021*Ben Kallos Committee on Consumer Affairs and Business Licensing Amendment Proposed by Comm  Action details Meeting details Not available
12/14/2021*Ben Kallos Committee on Consumer Affairs and Business Licensing Amended by Committee  Action details Meeting details Not available
12/14/2021ABen Kallos Committee on Consumer Affairs and Business Licensing Approved by CommitteePass Action details Meeting details Not available
9/30/2020*Ben Kallos Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
9/30/2020*Ben Kallos Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
9/30/2020*Ben Kallos Committee on Consumer Affairs and Business Licensing Laid Over by Committee  Action details Meeting details Not available
9/30/2020*Ben Kallos Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
9/23/2020*Ben Kallos City Council Referred to Comm by Council  Action details Meeting details Not available
9/23/2020*Ben Kallos City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2096-A

 

By Council Members Kallos, Powers, Dromm and Gennaro

 

A Local Law to amend the administrative code of the city of New York, in relation to authorizing the department of consumer and worker protection to issue temporary operating licenses to sidewalk cafe applicants if certain requirements are satisfied

 

Be it enacted by the Council as follows:

Section 1. Subdivision a of section 20-227.1 of the administrative code of the city of New York, as amended by local law number 80 for the year 2021, is amended to read as follows:

   § 20-227.1. Violations and penalties. a. Any person found to be operating an unlicensed sidewalk cafe shall be liable for a civil penalty of two hundred dollars for the first violation, and two hundred dollars for each additional violation occurring on the same day; and five hundred dollars for the second violation and each subsequent violation at the same place of business within a two-year period. For purposes of this section, any violation for operating an unlicensed sidewalk cafe shall be included in determining the number of violations by any subsequent license holder at the same place of business unless the subsequent license holder provides the department with adequate documentation demonstrating that the subsequent license holder acquired the premises or business through an arm's length transaction as defined in subdivision f of this section and that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original license holder to avoid the effect of violations on the premises.

§ 2. Subchapter 6 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-227.2 to read as follows:

§ 20-227.2. Temporary sidewalk cafe authorization. a. Where an applicant for a sidewalk cafe license submits a petition to operate an enclosed or unenclosed sidewalk cafe for which a consent issued to another person has lapsed or was terminated, the commissioner may authorize such applicant to operate the sidewalk cafe at such premises pending the approval of consent for operating such cafe, provided that the plans for the cafe are the same as the cafe for which a consent to operate a sidewalk cafe had previously been granted and, if it is an enclosed sidewalk cafe, that the structure is the same for which consent was previously granted. For the purposes of this section, the commissioner may not authorize an applicant to operate an unenclosed sidewalk cafe if the original consent has been expired for more than three years from the date of the submission of an applicant’s petition.

b. Where the department has approved a petition to operate an enclosed or unenclosed sidewalk cafe pursuant to sections 20-225 or 20-226, the commissioner may authorize such applicant to operate a sidewalk cafe pending the registration of the revocable consent by the comptroller.

§ 3. This local law takes effect immediately.

 

 

 

 

 

 

 

BAM/SJ

LS #14915

12/7/2021 7:53 p.m.