Operation and Management Requirements.
34 RCNY § 5-10
in effect§ 5-10 Operation and Management Requirements.
Upon approval by the Department of a license granted pursuant to this chapter, a licensee must operate and manage all aspects of a sidewalk cafe or roadway cafe in accordance with this section.
(a) Maintenance.
(1) Sidewalk cafes and roadway cafes must be kept clean, well-maintained, and clear of trash, debris, graffiti, vermin, food scraps, and unsanitary conditions. A licensee must also keep clean the area of the roadway extending one and one-half (1 1/2) feet distance beyond any roadway cafe on all sides of such roadway cafe.
(2) A licensee may not store trash within a sidewalk cafe or roadway cafe, except that in roadway cafes rigid receptables with tight-fitting lids as referenced in subdivision (b) of 16 RCNY § 1-02.4 are permitted.
(3) If flooring is utilized as part of a roadway cafe, such flooring shall be lifted for cleaning on a regular basis, but not less than weekly.
(b) Hours of Operation. Sidewalk cafes, other than enclosed sidewalk cafes, and roadway cafes may operate only during the following hours and days:
Sunday, 10 a.m. to midnight
Monday, 8 a.m. to midnight
Tuesday, 8 a.m. to midnight
Wednesday, 8 a.m. to midnight
Thursday, 8 a.m. to midnight
Friday, 8 a.m. to midnight
Saturday, 8 a.m. to midnight
(c) Alcohol Consumption. No beer, alcoholic or spirituous liquors shall be served at a sidewalk cafe or a roadway cafe, unless permitted by the New York State Liquor Authority.
(d) No Smoking. Smoking or using electronic cigarettes is prohibited within sidewalk cafes and roadway cafes pursuant to subdivision (c) of § 17-503 of the Administrative Code.
(e) Advertising. No advertising sign, picture, flag, banner, side curtain or other device, including an illuminated or non-illuminated sign, shall be placed or painted on or affixed to any awning, screen or other appurtenance used in connection with a sidewalk cafe or roadway cafe, except that the name of the restaurant, the logo of the restaurant, the menu and information on the services provided by the restaurant, and the name and logo of any sponsors of the restaurant’s amenities may be painted, imprinted or otherwise displayed, in accordance with any applicable requirements of the New York City Zoning Resolution and the following requirements:
(1) Names and logos shall be limited to ten (10) percent of the surface area of the surface on which they are displayed.
(2) Names and logos may be painted onto barriers, or otherwise physically attached and secured to the barriers, provided that any signs attached to the barriers shall be no more than one (1) inch in depth. Menus and hours of operation may not be painted on or physically affixed to the barriers or any vertical screening.
(3) On overhead coverings, umbrellas, and awnings, names and logos must be physically adhered to the fabric.
(4) Any sign, picture, flag, banner, side curtain or other device used to display a name or logo may not be illuminated, flashing, or moving.
(f) Heaters. Heating units utilized in a sidewalk cafe or roadway cafe must comply with all applicable laws, rules, and regulations and must be approved for use in such sidewalk cafe or roadway cafe by the New York City Department of Buildings and New York City Fire Department. Such heating units may only be located within the area of the sidewalk cafe or roadway cafe for which the revocable consent and license to operate such cafe has been granted.
(g) Good Order. Every licensee shall be held strictly accountable for the maintenance of good order in the sidewalk cafe or roadway cafe and the proper conduct of their patrons, including the prevention of excessive congregation of such patrons within or immediately adjacent to such sidewalk cafe or roadway cafe. A licensee must provide adequate service to maintain the tables in the sidewalk cafe or roadway cafe and the adjacent street in a manner that ensures good order and cleanliness.
(h) Accessibility. A sidewalk cafe and roadway cafe must be directly accessible to persons with physical disabilities. The design of such cafe shall comply with applicable requirements of the Americans with Disabilities Act and rules promulgated thereunder, and applicable requirements of the New York City Building Code.
(i) Noise.
(1) A licensee must comply with the New York City Noise Control Code, Chapter 2 of Title 24 of the Administrative Code, as applicable, including all restrictions and prohibitions relating to unreasonable noise pursuant to subdivisions (a) and (a-1) of § 24-218 of the Administrative Code.
(2) No musical instruments or sound reproduction or amplification devices shall be operated or used within a sidewalk cafe or roadway cafe, except where authorized pursuant to a street activity permit issued pursuant to 50 RCNY Chapter 1.
(3) Where practicable, the Department may refer community noise disputes to alternative dispute resolution through the Mediating Establishment and Neighbor Disputes NYC program (MEND NYC), or a successor program.
(j) Lighting. Lighting shall illuminate only within the sidewalk cafe or roadway cafe.
(k) Secure Cafe.
(1) During hours when a sidewalk cafe or roadway cafe is not operating, the licensee must secure all furnishing and decorative elements of such sidewalk cafe or roadway cafe, such as tables and chairs, using a cable or other locking system. Such secured furnishings or decorative elements may not impede or block access to utility infrastructure or assets (e.g., utility access covers, vent poles, control cabinets, etc.).
(2) Umbrellas and overhead coverings, if utilized, must be secured during inclement weather, including high wind conditions or heavy snow events.
(l) Furnishing Zone. No portion of a sidewalk cafe or roadway cafe shall be located in the furnishing zone and no items associated with such sidewalk or roadway cafe shall be placed or stored in the furnishing zone.
(m) Service. A licensee must ensure that employees serve patrons solely from within the perimeters of such sidewalk cafe or roadway cafe.
(n) Roadway Cafe Operating Season.
(1) A roadway cafe shall not operate on any day from November 30 to March 31, inclusive. All barriers, furnishings and other decorative elements of a roadway cafe must be removed during such period except as authorized pursuant to paragraph (2) of this subdivision.
(2) Notwithstanding paragraph (1) of this subdivision, a ground floor restaurant for which a revocable consent and license for a roadway cafe have been granted pursuant to this chapter may:
(i) Occupy the area of the roadway cafe beginning on a date prescribed by the Department on its website that is earlier than March 31, for the purpose of setting up the roadway cafe prior to commencement of operation of the roadway cafe, provided that such date shall be no earlier than March 24 of each year; and
(ii) Occupy the area of the roadway cafe until a date prescribed by the Department on its website that is later than November 30, for the purpose of disbanding the roadway cafe, provided that such date shall be no later than December 7 of each year.
(o) Abandonment. A sidewalk cafe or roadway cafe must be used and occupied for outdoor dining. When not used and occupied for outdoor dining for thirty (30) consecutive days or more, except in accordance with subdivision (n) of this section, they must be removed from the sidewalk and roadway by the licensee.
(p) License Availability. A licensee shall retain on the premises of a sidewalk cafe or roadway cafe a copy of the license issued for such cafe, and upon request by an employee of the Department or other city agency, shall make available such copy of such license for inspection.
(Added City Record 2/2/2024, eff. 3/3/2024)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-145866Fetched: 10/24/2026