Shake Shack keeps sidewalk cafe

Shake Shack sued landlord to keep popular sidewalk café after landlord failed to re-approve permit. Downtown Brooklyn’s Shake Shack opened in 2010 at 409 Fulton Street. Shake Shack leased the location for a 20-year term with two 5-year renewal options from landlord Allied Property Group. In February 2011, Allied executed the required landowners’ consent to allow Shake Shack to obtain a Department of Consumer Affairs permit to operate a sidewalk cafe adjacent to the restaurant. … <Read More>


Sidewalk Cafes: What it Takes to Dine on the Streets of New York

Operating a sidewalk café requires a public review process and approval from the city. Summer is here and many restaurants open sidewalk cafés to give people a breath of fresh air while enjoying a meal. To operate a sidewalk café, the business must have a food service establishment permit and each year the business must pay consent fees, which are essentially a “lease” for use of the sidewalk space.


Permission to Operate Sidewalk Café Upheld on Appeal

Landlord was required by lease to consent to tenant’s operation of a sidewalk café, absent a good-faith basis.  DMF Gramercy Enterprises, Inc. has operated Pete’s Tavern, a sidewalk café at 129 East 18th Street in Gramercy, Manhattan, and claims to be the longest continuously-operating bar and restaurant in New York City.  DMF Gramercy has operated Pete’s since 1964 when it entered into a lease with the building’s then-owner. The current owner is the Lillian Troy … <Read More>


Sidewalk Cafe Legislation Calls for Earlier Hours, Efficient Application Process [UPDATE: Brunch Bill Approved]

Community boards fight City Council on shortened sidewalk cafe review period. On May 7, 2013, the City Council’s Committee on Consumer Affairs held a joint hearing with the Land Use Zoning & Franchises Subcommittee to discuss proposed amendments to sidewalk cafe regulations. Introductions 875-2012, 876-A-2012, and 1039-2013 seek to expand sidewalk cafe hours and streamline the sidewalk cafe licensing and registration process.

Sidewalk cafes are licensed and monitored by the City’s Department of Consumer Affairs<Read More>


Changes to 125th Street’s sidewalk cafe rules proposed

125th street street cafe. Image: Courtesy of NYC Department of City Planning.

Amendment would tighten sidewalk cafe regulations within Harlem’s Special 125th Street District to address local congestion concerns. On June 7, 2011, the City Council’s Land Use Committee approved the Department of City Planning’s proposal to modify sidewalk cafe regulations within the Special 125th Street District in Harlem, Manhattan. The Special District comprises 24 blocks of East, Central, and West Harlem generally bounded by … <Read More>


Public Cafes OK’d in Water Street Corridor Arcades

Planning seeks to enliven privately owned public spaces along the Water Street by allowing tables and seating.

On May 4, 2011, the City Council’s Land Use Committee approved the Department of City Planning’s proposal to permit public and cafe seating within arcades along the Water Street corridor in Lower Manhattan. Arcades are privately owned, publicly accessible covered areas along the perimeter of commercial buildings that were developed in exchange for a floor area bonus. The

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