Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.
For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013.
Unless otherwise specified by law, a second, third, fourth or subsequent violation means a violation on a different day within a two year period at the same place of business, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement.
In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.
The parties shall be authorized to present evidence to mitigate the license suspension or premise sealing period within the date range marked by two asterisks (**).
Citation | Violation Description
| First Violation | First Default | Second Violation | Second Default | Third Violation | Third Default | Fourth and Subsequent Violation | Fourth and Subsequent Default |
Citation | Violation Description
| First Violation | First Default | Second Violation | Second Default | Third Violation | Third Default | Fourth and Subsequent Violation | Fourth and Subsequent Default |
Admin. Code § 20-224(a) | Operating an unlicensed sidewalk cafe | $200 | $200 | $500 (plus 0 to 10 day sealing)** | $500 (plus 3 day sealing) | $500 (plus 0 to 20 day sealing)** | $500 (plus 5 day sealing) | $500 (plus 0 to 30 day sealing)** | $500 (plus 7 day sealing) |
Admin. Code § 20-224(c) | Sidewalk cafe improperly obstructs means of egress | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
Admin. Code § 20-224(e) | Sidewalk cafe serves alcohol but does not provide waiter or waitress service to patrons | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
Admin. Code § 20-225(i) | Failure to comply with the terms of the revocable consent for enclosed sidewalk cafes | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
Admin. Code § 20-226(g) | Failure to comply with the terms of the revocable consent for unenclosed sidewalk cafes | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-46 | Failure to comply with sidewalk clearance standards | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-51 | Failure to comply with license application requirements | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-52 | Failure to comply with sidewalk cafe location criteria | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-53 | Failure to comply with physical criteria for sidewalk cafes | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-53(d) | Improper signs on a sidewalk cafe | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-54 | Failure to comply with physical criteria for enclosed sidewalk cafes | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-55 | Failure to comply with physical criteria for unenclosed sidewalk cafes | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-55(a) | Removable base, wall, or planter exceeds 30 inches in height | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-55(c) | Improper sidewalk cafe awning | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-57 | Improper sidewalk cafe operations | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-57(f) | Posting prohibited signage | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-57(g) | Improper menu | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-57(h) | Improper illumination | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
6 RCNY § 2-57(i) | Failure to post sign required by 6 RCNY § 1-03 | $200 | $200 | $500 | $500 | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus 0 to 30 day suspension and 0 to 5 day sealing)** | $1,000 (plus 30 day suspension and 5 day sealing) |
(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 4/26/2018, eff. 5/26/2018; amended City Record 11/26/2021, eff. 12/26/2021)