Sidewalk cafe permit denied

Owner of West 23rd Street restaurant sought to extend seating outside. In May 2018, Maxver LLC applied to the City Department of Consumer Affairs for consent to open an unenclosed sidewalk café outside of Calle Dao Chelsea, the Cuban-Chinese fusion restaurant that Maxver operates on Manhattan’s West 23rd Street. The application called for four tables, each seating two people. Consumer Affairs forwarded the application to Community Board No. 4, which, after a public hearing, unanimously … <Read More>


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>


Council Denies Sidewalk Cafe Permit for Court Street Restaurant

City Council reacted to application’s inaccurate architectural renderings and restaurant’s history of noise complaints. On August 22, 2012, the City Council denied Buschenschank restaurant’s application for an unenclosed sidewalk cafe at 320 Court Street between Degraw and Sackett Streets in Carroll Gardens, Brooklyn. The application called for 24 tables and 48 chairs fronting Court Street.

At the Council’s Zoning & Franchises Subcommittee hearing, a representative of local Council Member Brad Lander and a representative … <Read More>