Whenever used in this title the following terms have the following meanings:
Asphalt. The term "asphalt" shall mean a dark brown to black bitumen pitch that melts readily and which appears in nature in asphalt beds or is produced as a by-product of the petroleum industry.
Asphaltic concrete or asphalt paving. The terms "asphaltic concrete" or "asphalt paving" shall mean a mixture of liquid asphalt and graded aggregate used as paving material.
Barrier. The term "barrier" shall mean an object, as prescribed in rules of the department, placed on all sides of a roadway cafe, other than the side that fronts the restaurant, to protect patrons of a roadway cafe, that has a fully built interior wall and bottom to hold water or such other filler and that is removable.
Commissioner. The term "commissioner shall mean the commissioner of transportation.
Department. The term "department" shall mean the department of transportation.
Enclosed sidewalk cafe. The term "enclosed sidewalk cafe" shall mean a sidewalk cafe that is constructed predominantly of light materials such as glass, slow-burning plastic or lightweight metal pursuant to a permit issued by the department of buildings.
Fee rate. The term "fee rate" shall mean the compensation to be paid per square foot to the city during the continuance of the revocable consent in an amount equal to the applicable sector rate, reduced, as determined by the department, to account for factors including, but not limited to, the impact historical weather patterns may have on the operation of a sidewalk cafe or roadway cafe and any area of such roadway cafe occupied by barriers demarcating such cafe from the curb lane or parking lane.
Ground floor. The term "ground floor" shall mean visible from the street and directly accessible to the public from the street.
Ground floor restaurant. The term "ground floor restaurant" shall mean any ground floor premises that is operated pursuant to a food service establishment permit issued by the department of health and mental hygiene.
I-4 mix. The term "I-4 mix" shall mean a type of heavy duty asphaltic concrete mix containing 0.75 inch (19 mm) nominal maximum size aggregate with 25% to 50% of the aggregate capable of passing through a No. 8 sieve and in which all sand contained in the mix is crushed.
Reclaimed asphalt pavement. The term "reclaimed asphalt pavement" shall mean asphalt pavement that has been processed for reuse in asphaltic concrete.
Roadway. The term "roadway" shall mean that portion of a street designed, improved or ordinarily used for vehicular travel, exclusive of the shoulder and slope.
Roadway cafe. The term "roadway cafe" shall mean an open-air portion of a ground floor restaurant containing readily removable tables, chairs and other removable decorative items, which is located in the curb lane or parking lane of a roadway fronting the restaurant and is designed and operated pursuant to rules of the department.
Sector. The term "sector" shall mean an area of the city, as determined by the department, where the median annual rent charged for a square foot of a ground floor commercial premises, in accordance with information published by the department of finance pursuant to subdivision h of section 11-3101, is similar.
Sector rate. The term "sector rate" shall mean a dollar amount determined by the department for each sector, based on the median annual rent for a square foot of a ground floor commercial premises in such sector, as determined in accordance with information published by the department of finance pursuant to subdivision h of section 11-3101, or other similar data that the department determines accurately reflects such median annual rent in such sector.
Sidewalk. The term "sidewalk" shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, but not including the curb, intended for the use of pedestrians.
Sidewalk cafe. The term "sidewalk cafe" shall mean a portion of a ground floor restaurant located on a public sidewalk or sidewalk widening fronting the restaurant that is designed and operated pursuant to rules of the department.
Sidewalk widening. The term "sidewalk widening" shall have the same meaning as such term is used in subdivision (f) of section 37-53 of the zoning resolution of the city of New York.
Street. The term "street" has the same meaning ascribed to such term in subdivision 13 of section 1-112 of this code.
(Am. L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104, L.L. 2011/071 and L.L. 2023/121.