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FOR IMMEDIATE RELEASE
February 10, 2003
PR- 043-03
www.nyc.gov


MAYOR MICHAEL R. BLOOMBERG SIGNS SIDEWALK CAFE LEGISLATION

Remarks by Mayor Bloomberg at a Public Hearing on Local Law

“The bill before me today is Introductory Number 294, sponsored at my request by Council Members Reed, Katz, Avella, Gerson, Moskowitz, Nelson and Weprin.  This legislation will streamline the City’s sidewalk café licensing process, charge restaurant owners a fair price for using the City’s sidewalks and substantially improve enforcement against those who violate the law.  

“New Yorkers in every borough have enjoyed the experience of open air dining and relaxing at one of the seven hundred unenclosed sidewalk cafés in the City.  Unfortunately, for too long the process of obtaining a sidewalk café license and revocable consent has been anything but enjoyable for restaurant owners.  The current license approval process takes a minimum of 226 days and requires the review of the local community boards, the City Council and six mayoral agencies.  It is not unheard of for a license application to languish in this unfair and confusing bureaucracy for as long as a year and a half. 

“The current system has also been unfair to the communities that have sidewalk cafes.  DCA’s current enforcement authority is limited to writing fines and confiscating tables and chairs from unlicensed establishments.  These penalties have failed to deter an unscrupulous owner who simply replace their tables and chairs the next day or treat the fine as a cost of doing business.

“Intro. 294 addresses the business concerns of restaurant owners and the frustration of communities.  This legislation will make DCA responsible for the entire license approval process, thereby ensuring that restaurant owners and communities know whom to hold accountable.  By eliminating the current multi-agency review process, the new license approval process will take only 110 days, while still preserving community and City Council review – a dramatic improvement over the current system. 

“The legislation also dramatically strengthens DCA’s enforcement authority.  In addition to increasing the fines for violations of the law, DCA will, for the first time, have the authority to padlock the restaurants of owners who violate the law.  Operators of unlicensed sidewalk cafes who violate the law two times may have their restaurants padlocked for up to thirty days after the second violation.  Licensed operators who encroach illegally on the sidewalks may have their restaurants padlocked for up to thirty days after the third violation.  We believe that these stiffer penalties will encourage greater compliance with the law.
“Finally, Intro. 294 also provides the City with the ability to increase the consent fees associated with sidewalk café licenses to bring them in line with current commercial rents in the City.  For over a decade sidewalk café operators have paid minimal rent for using the public sidewalks.  The City will propose rents of $30 per square foot in Manhattan below 96th Street and $22.50 per square foot for the rest of the City – certainly a reasonable increase, but still well below commercial rents.

“This legislation is an example of how my Administration is working to streamline City government to deliver services to the public more effectively and efficiently.

“I would like to take this opportunity to thank Consumer Affairs Commissioner Gretchen Dykstra and her staff for their tireless work and dedication to making this streamlined process a reality.  I would also like to thank Speaker Miller and Council Members Phil Reed, Chair of the Consumer Affairs Committee, and Melinda Katz, Chair of Land Use Committee, for all of their cooperation in shepherding this important legislation through the Council.  I look forward to working with the Council in the future on other legislative proposals designed to streamline City government.”


 

www.nyc.gov

Contact: Edward Skyler / Jordan Barowitz 
(212) 788-2958
 
  Dina Improta   ( DCA )
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