Council Member Mark Gjonaj at the Joint Committee Hearing Image Credit: City Council
Committee hearing calls into question the amount of loans and protections for small businesses during COVID outbreak. On April 29, 2020, the City Council’s Committee on Small Business and Committee on Consumer Affairs and Business Licensing held a joint public hearing on the impact of COVID-19 on small businesses in New York City. Of the thirteen proposed bills, three were specifically labeled as part of a COVID-19 Relief Package. The bills address personal liability for commercial tenants, commercial tenant harassment and fees for sidewalk café licenses. Each bill is discussed in further detail below:
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The Odeon’s unenclosed sidewalk cafe, 145 W. Broadway, Manhattan. Image Credit: CityLand.
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. In order to operate a sidewalk cafe, owners must first submit various documentation and fees to the DCA. Certain public safety regulations must be met and documented at this time, such as whether the proposed cafe will be on a sidewalk that is at least 12 feet wide. Applicants go through a multi-step approval and review process in order to be granted a revocable consent before a sidewalk cafe license will be issued. DCA controls and facilitates the process, sending the revocable consent petition to various City entities for discrete review periods. The petition is first sent to the City’s Department of City Planning, Department of Environmental Protection, and the Landmarks Preservation Commission (if applicable). From there, the petition is sent to the local community board, then back to DCA, and then on to the City Council. Each entity is entitled to hold its own public hearing on the petition and recommend approval, approval with modifications, or denial. Finally, the petition is sent to the Mayor’s Office of Contract Services for review and approval. When a revocable consent is granted, DCA will issue the sidewalk cafe a license to operate. (read more…)
Spitzer’s Corner 101 Rivington Street.
DCA revoked restaurant’s previous permit after discovering plan inaccuracies. On August 20, 2009, the City Council denied Spitzer’s Corner’s application for an unenclosed sidewalk cafe at the corner of Rivington and Ludlow Streets in the Lower East Side. Spitzer’s application called for eight tables and 16 chairs fronting 101 Rivington Street.
At the Council’s Zoning & Franchises Subcommittee hearing, Spitzer’s architect, Steve Wygoda, testified that in 2007 the Council approved an application for a sidewalk cafe after Spitzer’s reached an agreement with Council Member Alan J. Gerson to reduce the plan to five tables and 10 chairs. Wygoda stated that in 2008 the Department of Consumer Affairs revoked the permit after determining that the sidewalk was too narrow for a sidewalk cafe. He said the size discrepancy had been resolved and DCA had approved the current application.
Rita Lee, the Director of Community Initiatives for Gerson’s office, spoke in opposition, claiming that Spitzer’s reneged on the 2007 agreement by operating its sidewalk cafe after the agreed upon hours. Lee stated that the restaurant had not been a “good neighbor,” noting that the State Liquor Authority had issued Spitzer’s four violations for underage drinking since June 2008.
Before recommending that the permit be denied, Chair Tony Avella said sidewalk cafes were a “privilege” bestowed by the Council to enhance and improve neighborhoods. Avella cited Spitzer’s past liquor violations, its inability to follow the 2007 permit requirements, and DCA’s revocation of that permit, as reasons why he could not support the application. The Subcommittee then voted unanimously to deny the permit.
Council: NYLA Cafe LLC d/b/a Spitzer’s Corner/101 Rivington Street (Aug. 20, 2009).
