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License and Revocable Consent Renewal Requirments for Unenclosed Sidewalk Cafe

Sidewalk cafés must renew their DCA license and revocable consent every two years.

You can submit required materials and payments in person or by mail to:
DCA's Licensing Center
Attention: Sidewalk Café Unit
42 Broadway, 5th Floor
New York, NY 10004

LICENSE AND REVOCABLE CONSENT RENEWAL REQUIREMENTS FOR UNENCLOSED SIDEWALK CAFÉ WITH LICENSE EXPIRATION DATE OF SEPTEMBER 15, 2013 OR DECEMBER 15, 2013

1. DCA must receive required materials and payments and confirm that your Sidewalk Café license is in good standing before we can issue temporary permission to operate. In good standing means you have no violations or outstanding consent fees.

2. Although DCA does not require submission of your Food Service Establishment Permit from the Department of Health and Mental Hygiene, your permit must be current before we can process your renewal application.

3. Submit the listed materials in the specified quantities.

  • Renewal License Application (seven copies)
    Review the information preprinted on your Renewal License Application, answer all questions, check the affirmation, and sign. If you need another copy of the Application, click here to download.

    Note: If your business is a corporation, your corporation must be listed as “active” on the New York State Division of Corporations website.
     Visit www.dos.state.ny.us or call (518) 473-2492 to check the status of your corporation. If your corporation is not listed or is listed as “inactive,” DCA will return your application.
     
  • Sidewalk Café Compliance Checklist (seven copies)  [download]

  • Petition for Revocable Consent (seven copies)  [download]

  • Substitute Form W-9 (one copy)  [download]

  • Zero Tolerance Policy Affirmation (one copy)  [download]

  • Personal and Property Liability Insurance (one copy of the certificate)
    Note:
    • Your Insurance Certificate must name the City of New York as the certificate holder. (Download sample Certificate of Liability Insurance.) 
    • Your Insurance Certificate must be executed by a broker and list the National Association of Insurance Commissioners (NAIC) Number. 
    • Your business name and address must be exactly the same on all documents. 
    • The Department of Consumer Affairs (DCA) must be included as “Additional Insured” in the description box.
    • Insurance must have an A.M. BEST (www.ambest.com) rating greater than A-. 
    • The policy must have the following minimum amounts:
      – $100,000 per person for personal injury
      – $300,000 per person for accident
      – $25,000 per person for property damage

Important: You must notify DCA within 14 days if your insurance policy is cancelled, expired, or was terminated for any reason. Notification must be in writing and submitted in person OR by mail to:

Attn: Licensing Center
New York City Department of Consumer Affairs
42 Broadway, 5th Floor
New York, NY 10004 

  • Notarized Certification by Broker (one copy)  [download]

  • Letter of Notification to Required Parties (one copy)
    You must submit a copy of the certified or registered mail letter of notification sent to:
    • All persons who occupy ground floor property, whether residential, commercial, or other use, within 50 feet of either side of the proposed sidewalk café
    • Owners of all buildings on the same side of the block as the proposed sidewalk café
    • The association or board of all residential cooperatives or condominiums on the same side of the block as the proposed sidewalk café

  • Certified or registered mail receipts for the letters of notification sent (one copy) 

  • Notarized Affidavit stating letter of notification was sent to all required parties (one copy) 

  • Photographs of the sidewalk café (nine photos)
    You must submit three sets of recent photos: one from left looking right, one from right looking left, and one from front looking in the direction of the café. 

  • Notarized letter outlining any changes to sidewalk since your last application submission, including street furniture (e.g., bicycle racks, subway grates, trees, etc.) (seven copies)
    • If nothing has changed, the letter can state, “Nothing has changed since the last submission of plans, including all street furniture.” 
    • If you changed the square footage of your sidewalk café, you must also submit new plans (seven copies). Please call (212) 436-0097 for further instructions.
       
  • New York City Landmarks Preservation Commission (LPC) Approval Letter or Application Form, if applicable (one copy) 
    If your sidewalk café is located in a historic district or in or next to a landmarked building or district, you must obtain approval from LPC.

  • Child Support Certification Form [download]
    If your business is a SOLE PROPRIETORSHIP or GENERAL or LIMITED PARTNERSHIP, the proprietor or each individual general partner must submit a Child Support Certification Form. 

  • Granting Authority to Act Affirmation, if applicable (one copy)  [download]

4. The license renewal fee is $510 and the revocable consent renewal fee is $445 for a total fee of $955. 
Note: 

  • If you changed the square footage of your sidewalk café, you must pay an additional $310 for plan review. 
  • DCA does not accept cash. 
  • You can pay the total fee by check or money order, payable to NYC Department of Consumer Affairs. Include your license number. 
  • Credit cards accepted at the DCA Licensing Center include MasterCard, American Express, and Discover Card. Payments are subject to a 2.49% Convenience Fee.  

IMPORTANT 

  • Submitting these requirements does not mean that your license is automatically renewed.
  • DCA will mail a temporary operating letter after we receive required materials and payments and confirm that your license is in good standing. DCA will mail your renewed license after revocable consent is approved. 
  • DCA will not accept any renewal package after November 14, 2013 (if your license expires on September 15, 2013) or February 13, 2014 (if your license expired on December 15, 2013). If you fail to submit your renewal package before the deadlines, you must submit a new license application. You can submit new applications online or in person. 
  • It is your responsibility to timely pay consent fees, submit updated insurance before the insurance expiration date, and comply with all applicable laws and regulations. 
  • You may receive time-sensitive communications from DCA as the City reviews your petition for revocable consent. You must respond by the deadlines provided.