Section 20-224. License required

a. Any person owning, leasing, managing or
  operating  a  restaurant  under permit from the department of health and
  mental hygiene upon property which abuts upon any street within the city
  may maintain or operate upon the sidewalk of  such  street  in  an  area
  immediately  adjacent  to  its  premises, a sidewalk cafe, provided that
  such sidewalk cafe shall be granted a license and a revocable consent by
  the commissioner.
    b. The commissioner, consistent with the provisions of this subchapter
  and the applicable provisions of the zoning resolution, shall  establish
  such  rules, regulations, terms and conditions as the commissioner deems
  proper in respect to the granting and  issuance  of  such  licenses  and
  revocable  consents,  priorities  or  rights  between  applicants  for a
  license covering the same  space,  and  operation  (including  hours  of
  operation)  and  maintenance  of any sidewalk cafe, to ensure good order
  and to prevent undue obstruction of the sidewalk, which shall  have  the
  force  and  effect of law. A license to operate a sidewalk cafe shall be
  issued after the review and approval  of  a  petition  for  a  revocable
  consent  to  construct  and  operate  such sidewalk cafe pursuant to the
  provisions of section 20-225, 20-226 or 20-227 of this  subchapter.  The
  operator  of  a  sidewalk cafe under license from the commissioner shall
  cause the boundary of the area licensed as a sidewalk cafe to be  marked
  in a manner prescribed under rules promulgated by the commissioner.
    c.  No license shall be granted for an enclosed sidewalk cafe until an
  alteration permit  or  any  other  required  permit  is  issued  by  the
  department of buildings. No license shall be granted for a sidewalk cafe
  located  in  a  historic  district,  on  a  landmark site or attached or
  adjacent to a landmark or an improvement containing an interior landmark
  without the required approval of the landmarks preservation  commission.
  No  license  shall be granted for an unenclosed cafe which obstructs the
  means of egress from any portion of a building nor  for  any  unenclosed
  cafe with an awning unless a permit therefor is issued by the department
  of buildings.
    d.  The  fee for such license shall be at the rate of five hundred and
  ten dollars for a  two-year  license.  Such  license  fee  shall  be  in
  addition to any fee imposed, pursuant to rules of the commissioner, upon
  approval  of  a  petition  for a revocable consent, or a renewal of such
  revocable consent, to construct and operate a sidewalk cafe or any other
  applicable fee.
    e. A licensee must provide waiter or waitress service  to  patrons  in
  the  sidewalk  cafe if alcohol is served. If no alcohol is served at the
  restaurant, a licensee must provide adequate service to maintain  tables
  in  the sidewalk cafe and the adjacent sidewalk in a manner that ensures
  good order and cleanliness.
    f. The license shall be personal to the applicant and may not be sold,
  leased or transferred and  shall  be  deemed  revoked  by  the  sale  or
  transfer  of the lease or of title to the building or structure to which
  the sidewalk cafe is related.