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a. Definitions. As used in this section, the following terms have the following meanings:
Chute closure device. The term "chute closure device" means a device attached to the end of the chute of a concrete mixer truck which is used to seal the chute.
Concrete mixer truck. The term "concrete mixer truck" means a truck used for the transport of liquid concrete.
Truck. The term "truck" has the same meaning as in section 158 of the vehicle and traffic law.
b. No later than June 30, 2021, all concrete mixer trucks driven in or through the city of New York shall be equipped with chute closure devices during the transport of liquid concrete.
c. The department may promulgate any rules necessary to administer the provisions of this section, including, but not limited to, rules establishing chute closure device specifications as deemed necessary by the department.
d. The department, the police department and any other agency designated by the commissioner to enforce the provisions of this section are authorized to inspect chute closure devices and chute closure device specifications for compliance with the requirements of this section in accordance with rules of the department and any applicable law.
(L.L. 2020/071, 7/19/2020, eff. 7/19/2020)
a. For the purposes of this section, the following terms have the following meanings:
Commercial parking meter area. The term "commercial parking meter area" has the same meaning as set forth in the rules of the department.
Commercial vehicle. The term "commercial vehicle" has the same meaning as set forth in the rules of the department.
Temporary truck loading zone. The term "temporary truck loading zone" has the same meaning as such term is defined in section 19-170.1.
Truck loading zone. The term "truck loading zone" has the same meaning as such term is defined in section 19-170.1.
b. Any permit of more than 180 days issued by the commissioner authorizing work affecting a street segment or intersection that has a truck loading zone shall include a stipulation requiring that the applicant shall not occupy or otherwise obstruct the use of a truck loading zone in the affected street segment or intersection.
c. In the event that a truck loading zone must be occupied or otherwise obstructed for any permit of more than 180 days, the applicant shall be required to maintain a temporary truck loading zone if, in the judgement of the commissioner:
1. maintaining a temporary loading zone is feasible;
2. the occupation or obstruction of the truck loading zone will result in a significant negative impact on traffic flow; and
3. alternative truck loading zones or other loading space is insufficient to accommodate demand for loading space.
The department shall specify the particular manner in which the temporary truck loading zone for such street segment or intersection should be maintained.
d. In the event a permittee violates any stipulation required by subdivision b or subdivision c of this section, the commissioner may revoke or refuse to renew such permit pursuant to subdivision e of section 19-103 or take any other action authorized by law.
(L.L. 2021/167, 12/24/2021, eff. 6/22/2022)
a. A public utility company, as defined in section two of the public service law, issued a permit valid for more than seven days by the commissioner pursuant to this subchapter to provide impactful work shall provide notice of such work to the affected borough president, the council member or members of the affected council district or districts, the senator or senators of the affected senate district or districts, the member or members of assembly of the affected assembly district or districts and the district managers of the affected community board or boards. For purposes of this section, impactful work is planned work that shall at a minimum include street or lane closures; parking space closures for twenty-four hours or more; rerouting of traffic; closure of or rerouting of traffic near entrances or exits to bridges or tunnels; relocation of bus stops or public bicycle sharing stations; and work between 8 pm and 8 am that includes noise, vibrations or bright lighting.
b. Such notice shall include the following information:
1. The name and contact information of the public utility;
2. The anticipated start and end dates of the work; and
3. The location, nature and extent of the work to be performed.
(2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 6/26/2023)
a. Definition. For purposes of this section, the term “micromobility share program” means a program for the provision of devices for personal transportation for shared use within the city of New York under a contract with an operator that permits payment for the use of such devices, including but not limited to bike share, as that term is defined in section 19-193, or any similar program for the shared use of electric scooters, as that term is defined in section 114-e of the vehicle and traffic law.
b. Beginning no later than February 1, 2025, the department shall make available on a website owned and operated by the department, and update as feasible when data becomes available, a searchable map of every bicycle lane in the city. Such map shall include:
1. A notation identifying each street with a bicycle lane that has an active permit for street construction, maintenance, or repair that may obstruct such bicycle lane, in whole or in part, for a period of 1 day or longer;
2. The location of every temporary bicycle lane maintained pursuant to section 19-159.3;
3. A notation identifying the different types of bicycle lanes, including protected bike lanes, conventional bike lanes, shared lanes, and off-street bicycle lanes;
4. The location of any active street resurfacing project that may affect the surface of a bicycle lane;
5. The location of all city-owned bicycle parking infrastructure;
6. The location of stations for micromobility share programs and real time availability data for each such station, if feasible; and
7. A notation identifying every open street designated pursuant to section 19-107.1.
c. The website with the map required by this section shall include information on how to report bicycle lane issues to the 311 customer service center.
(L.L. 2023/124, 9/3/2023, eff. 9/3/2023)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
High priority investment area. The term “high priority investment area” means an area of the city determined by the department to have a greater need for infrastructure investment based on a relatively low amount of prior investment, a relatively high population of low income residents, and any other factors considered by the commissioner to be relevant.
Paved median. The term "paved median" means a portion of a median under the jurisdiction of the department which is between 2 intersecting streets and does not include planted vegetation or stormwater management infrastructure.
b. The commissioner, in collaboration with the commissioner of parks and recreation and the commissioner of environmental protection, shall improve at least 1 linear mile of paved medians every 2 years until 2046. Improvements pursuant to this subdivision shall be made where feasible and appropriate as part of a street reconstruction project or projects impacting consecutive blocks of a street for which funds have been appropriated in the capital budget, and shall be made in each of the 5 boroughs. When determining where such improvements shall be made, the commissioner shall prioritize improvements in high priority investment areas. Such improvements shall include adding planted medians, tree beds, or stormwater management infrastructure.
c. Beginning February 1, 2026, and every February 1 thereafter until February 1, 2046, the commissioner shall submit a report to the mayor and the speaker of the council detailing the length and location of any paved median improved pursuant to this section in the preceding calendar year, the cost of making such improvement, and whether such improvement was made in a high priority investment area. Such report may be included in the update required by paragraph 2 of subdivision d of section 19-199.1.
d. The department shall be responsible for the cleaning and maintenance of all medians improved pursuant to this section, except that the mayor may designate any other agency or office to be responsible for the cleaning and maintenance of any median improved pursuant to this section. This section does not interfere with the commissioner of parks and recreation’s jurisdiction or responsibilities over trees and vegetation pursuant to section 18-104. The department shall post on its website a list or map that identifies each median improved pursuant to this section, and identifies the agency or office responsible for the cleaning and maintenance of that median.
(L.L. 2024/094, 10/12/2024, eff. 1/10/2025)
a. Any person owning, leasing, managing or operating a ground floor restaurant upon property which abuts upon any street may establish and operate a sidewalk cafe upon the sidewalk or sidewalk widening of such street in an area immediately adjacent to its premises, or a roadway cafe upon the roadway adjacent to the curb in front of such ground floor restaurant, or both, provided that such sidewalk cafe or roadway cafe shall be granted a license and a revocable consent by the commissioner, and provided further that a sidewalk cafe located entirely on a sidewalk widening shall be granted a license and consent for the use of such sidewalk widening as a sidewalk cafe by the commissioner. Notwithstanding the preceding sentence, no such license shall be granted or renewed for the operation of an enclosed sidewalk cafe at any location other than a location where: (i) an enclosed sidewalk cafe had been constructed pursuant to a permit issued by the department of buildings and in accordance with section 3111 of the New York city building code prior to March 16, 2020; and (ii) an enclosed sidewalk cafe was lawfully operated as such on March 16, 2020 or at any time within 4 years prior to such date. Granting or renewal of any such license at such a location for the operation of an enclosed sidewalk cafe shall be in accordance with this section and section 19-160.2 of this code.
b. 1. The department, consistent with chapter 14 of the charter and the provisions of this subchapter, shall promulgate rules relating to (i) the granting of such licenses and revocable consents, and the administration of such licenses and revocable consents; (ii) the design of a sidewalk cafe or roadway cafe; (iii) priorities among applicants for a license covering the same area on a sidewalk or a roadway; and (iv) the operation and maintenance of any sidewalk cafe or roadway cafe to prevent undue obstruction of the street, to ensure good order, public safety and the general welfare and to secure the beneficial purpose of opening streets to outdoor dining.
2. A sidewalk cafe, other than an enclosed sidewalk cafe, shall be open-air and shall contain only readily removable tables, chairs and other removable decorative items as set forth in such rules.
c. No rule promulgated by the department in relation to the license granted to a sidewalk cafe or a roadway cafe in accordance with subdivision b of this section shall: (i) prevent a sidewalk cafe or a roadway cafe from operating during the hours of 10:00 a.m. through 12:00 a.m. daily; (ii) allow a sidewalk cafe, other than an enclosed sidewalk cafe, or a roadway cafe to operate before 10:00 a.m. on Sundays; or (iii) authorize a roadway cafe to operate on any day from November 30 to March 31, inclusive.
d. A license to operate a sidewalk cafe shall be granted after the review and approval of a petition for a revocable consent to establish and operate such cafe pursuant to the provisions of this subchapter and the rules of the department, except that a license to operate a sidewalk cafe located entirely on a sidewalk widening shall be granted after review and approval of a petition for a consent to operate such sidewalk cafe in accordance with the rules of the department, which shall provide for notice of such petition to the affected community board and council member. A license to operate a roadway cafe shall be granted after the review and approval of a petition for a revocable consent to establish and operate such cafe pursuant to chapter 14 of the charter, the provisions of this subchapter, and the rules of the department. An operator of a sidewalk cafe shall cause the boundary of the area licensed as a sidewalk cafe to be marked and separated in a manner prescribed pursuant to rules of the department. An operator of a roadway cafe shall cause the boundary of the area licensed as a roadway cafe to be delineated and protected by barriers in a manner prescribed in rules of the department.
e. No license shall be granted for a sidewalk cafe or roadway cafe located in a historic district, on a landmark site or attached or adjacent to a landmark or an improvement containing an interior landmark without the applicant for such license having obtained the approval of the landmarks preservation commission, provided that the petition for a revocable consent to establish or operate a sidewalk cafe or a roadway cafe or the petition to operate a sidewalk cafe located entirely on a sidewalk widening includes work or improvements for which such approval is required pursuant to chapter 3 of title 25 of this code. The landmarks preservation commission shall make a determination on such application no later than 10 business days after the date of receipt of a complete application, unless the landmarks preservation commission determines that such sidewalk cafe or roadway cafe may have an effect on the exterior architectural features of a landmark or a building or buildings within a historic district and a public hearing is required.
f. No license or revocable consent or consent with respect to a sidewalk cafe located entirely on a sidewalk widening shall be granted for a sidewalk cafe or roadway cafe which obstructs the means of egress from any portion of a building.
g. There shall be separate fees for a sidewalk cafe license and a roadway cafe license. The fee for a license to establish and operate a sidewalk cafe, and for the renewal of such a license, shall be $1,050 for each license period. The fee for a license to establish and operate a roadway cafe, and for the renewal of such a license, shall be $1,050 for each license period. Such license and renewal fees shall be in addition to the amount required to be paid upon approval of a petition for a revocable consent, or renewal thereof, to establish and operate a sidewalk cafe or roadway cafe.
h. The term of a license granted pursuant to this subchapter shall be 4 years.
i. A licensee must provide adequate service to maintain the tables in the sidewalk cafe or roadway cafe and the adjacent street in a manner that ensures good order and cleanliness.
j. The license to establish and operate a sidewalk cafe or a roadway cafe shall be personal to the applicant and may not be sold, leased or transferred. Such license shall not be deemed revoked by the sale or transfer of the lease or of title to the building or structure to which the sidewalk cafe or roadway cafe is related unless such sale or transfer materially alters the plans submitted for the license application or the revocable consent.
(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. 2023/121.
a. It shall be unlawful for any person to establish or operate a roadway cafe without a revocable consent granted pursuant to chapter 14 of the charter, this section and any rules adopted by the commissioner pursuant thereto.
b. The petition shall be in such form as prescribed by rules of the department and shall include an accurate drawing depicting required clearances, the space to be occupied, and the locations of tables, chairs, barriers and other permitted objects; provided, however, that the department shall not require that such drawing be developed, reviewed or approved by an architect, engineer, or other professional third party. The petition shall be reviewed by the department and other relevant agencies as determined by the department.
c. A revocable consent for a roadway cafe shall provide for compensation to be paid annually to the city during the continuance of the consent. Such annual compensation shall be equivalent to the product of the fee rate and the square footage of a roadway cafe. There shall be 4 sectors, as described on the website of the department, provided that sectors 3 and 4 shall only include the area south of and including 125th Street in the borough of Manhattan and the fee rate for sector 1 shall apply to a minimum of 80 percent of the city. The fee rate for each sector shall be as follows:
Sector | Fee Rate |
1 | $5 |
2 | $8 |
3 | $14 |
4 | $25 |
d. A roadway cafe may not be operated prior to the approval of a petition for a consent therefor by the department pursuant to chapter 14 of the charter, this section and any rules promulgated by the department, except as otherwise provided by section 19-160.6.
e. The department shall provide notice of a petition for a revocable consent for a roadway cafe to the affected community board and council member, and, to the extent practicable, provide an opportunity for both the community board and council member to submit comments to the department related to each petition in a manner prescribed in rules of the department.
f. The term of a revocable consent, and the term of a renewal of such revocable consent, granted pursuant to this section shall be 1 license period and shall be concurrent with such license period.
(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. 2023/121.
A petition for a revocable consent to establish and operate a sidewalk cafe shall be reviewed and approved in the following manner:
a. The petition shall be in such form as prescribed by the department. The petition shall include an accurate drawing depicting required clearances, the space to be occupied, and the locations of tables, chairs, barriers and other permitted objects. Such drawing may be developed by an architect, engineer, or other professional third party, or by the petitioner. The petition filed with the department shall be complete and accurate, as determined by the department, and the department shall, within 5 days of the filing of such complete and accurate petition, forward such petition by electronic mail to the president of the borough in which the cafe is proposed to be located, the speaker of the council and the council member in whose district the cafe is proposed to be located, for information purposes, and to the community board for the community district in which the cafe is proposed to be located, for review pursuant to subdivision b of this section.
b. The community board shall, not later than 40 days after receipt of such petition, either (i) notify the public of the petition, conduct a public hearing thereon and submit a written recommendation to the department and to the council or (ii) waive by a written statement its public hearing and recommendation on such petition and submit such statement to the department and to the council. The petitioner shall amend the petition if both the community board and the petitioner agree to modifications in writing. Such modifications shall be reflected in the written recommendations of the community board to the department and the council. If the community board submits a recommendation on a petition after the 40 day time period has expired, such recommendation may be accepted by the department at the sole discretion of the department.
c. 1. Except as provided in paragraphs 2 and 3 of this subdivision, within 20 days after the expiration of the period allowed for the filing of a recommendation or waiver by the community board pursuant to subdivision b of this section, the department shall (i) approve the petition for a sidewalk cafe, disapprove it or approve it with modifications; and (ii) file with the council any such decision to approve or approve with modifications, together with the petition. Such approval or approval with modifications shall be final approval of the revocable consent unless the council and mayor act pursuant to subdivision e and f of this section.
2. The department shall hold a public hearing on a petition for a sidewalk cafe if (i) a community board has submitted a recommendation to deny the petition; (ii) a community board has submitted a recommendation to approve such petition with substantial modifications or conditions and the petitioner does not agree to adopt such modifications; or (iii) the department has determined that such a hearing would be beneficial to address a concern about the effect of a sidewalk cafe at the proposed location. If the department holds such a public hearing, within 30 days after the expiration of the period allowed for the filing of a recommendation or waiver by the community board pursuant to subdivision b of the section, or within 45 days after the expiration of such period when the department plans to combine the public hearing on the petition with the public hearing required on 1 or more additional petitions pursuant to paragraph 3 of this subdivision, the department shall (i) hold a public hearing on the petition pursuant to subdivision d of this section, (ii) approve the petition, disapprove it or approve it with modifications, and (iii) file with the council any such decision to approve or approve with modifications, together with the petition. Such approval or approval with modifications shall constitute final approval of the revocable consent subject to review by the council or mayor pursuant to subdivisions e and f of this section.
3. Where the department holds a public hearing pursuant to paragraph 2 of this subdivision, the department may hear 1 or more petitions at the same public hearing upon a determination that doing so is in the public interest.
d. At least 15 days prior to the date of a hearing held pursuant to paragraph 2 of subdivision c of this section, the department will give notice to the community board for the district in which the cafe is proposed to be located, to the president of the borough in which the cafe is proposed to be located and to the council member in whose district the cafe is proposed to be located. Not less than 5 calendar days prior to the date of any such hearing, notice of the hearing shall be published in the City Record and in the print or online edition of 1 newspaper of local circulation in the community where the cafe is proposed to be located.
e. At the next stated meeting after 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, except that if such meeting is scheduled to occur less than 3 days after such date, the council may so resolve at the following stated meeting. If the council does not so resolve, the approval or approval with modifications of the petition by the department shall be forwarded to the mayor pursuant to subdivision f of this section, unless, in accordance with subdivision g of this section, the petition, or the category of such 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 5 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, or the category of such 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 45 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, operation, 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 15 days of such approval, or the council shall be deemed to have denied the petition.
g. 1. The term of the revocable consent, and the term of a renewal of such consent, shall be 1 license period and shall be concurrent with such license period.
2. The consent shall be 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, unless the mayor has determined that separate and additional mayoral approval is not required for such petition or any category of such petitions.
h. A revocable consent for a sidewalk cafe, or a consent to operate a sidewalk cafe located on a sidewalk widening, shall provide for compensation to be paid annually to the city during the continuance of the consent. Compensation shall be equivalent to the product of the fee rate and the square footage of a sidewalk cafe. There shall be 4 sectors, as described on the website of the department, provided that sectors 3 and 4 shall only include the area south of and including 125th Street in the borough of Manhattan, and the fee rate for sector 1 shall apply to a minimum of 80 percent of the city. The fee rate for each sector shall be as follows:
Sector | Fee Rate |
1 | $6 |
2 | $10 |
3 | $18 |
4 | $31 |
i. 1. Notwithstanding subdivision h of this section, a revocable consent for an enclosed sidewalk cafe shall provide for compensation to be paid annually to the city during the continuance of the consent at the rate required to be paid for such cafe as of March 16, 2020 pursuant to the rules of the department of consumer and worker protection in effect prior to the date this section takes effect.
2. On January 1, 2028 and every 4 years thereafter, the department may increase or decrease such compensation for an enclosed sidewalk cafe in accordance with increases or decreases in the sector rate.
j. Notwithstanding subdivision a through g of this section, a petition for a consent to establish a sidewalk cafe located entirely on a sidewalk widening, as demonstrated to the satisfaction of the department, shall be reviewed and approved in accordance with the rules of the department.
k. Except as otherwise provided by section 19-160.6, a sidewalk cafe may not be operated prior to the approval of the consent therefor by the department pursuant to this section.
(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. 2023/121.
Notwithstanding any other provision of this code, beer and alcoholic beverages may be served in a sidewalk cafe or roadway cafe to the extent permitted by state law.
(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. 2023/121.
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