Section 20-225. Review and approval of petitions for revocable consents to construct and operate enclosed sidewalk cafes which do not require special permits

A  petition  for a revocable consent to construct and  operate an enclosed sidewalk cafe  which  does  not  require  a  special
  permit  modification pursuant to the zoning resolution shall be reviewed
  and approved in the following manner:
    a. The petition shall be in such form as prescribed by the department.
  The petition shall be filed with the department which, within five  days
  of  the  filing  of  such  petition, shall forward copies thereof to the
  department of city planning, the department of environmental  protection
  and  the  landmarks  preservation  commission  for  review  pursuant  to
  subdivision b of this section. The department shall  forward  copies  of
  the  petition,  within  five days of the filing of such petition, to the
  speaker of the council and to the council member in whose  district  the
  cafe is proposed to be located, for informational purposes.
    b.  The agencies to which the petition has been forwarded shall review
  the petition  and  shall  indicate  any  objections  to  such  petition,
  including  any  determination  by  the landmarks preservation commission
  that the petition requires a certificate of appropriateness,  by  filing
  written  comments with the department of city planning within twenty-one
  days of the receipt thereof. The failure of an agency  to  indicate  its
  objections within the prescribed time to the department of city planning
  shall be construed to mean that such agency has no objections.
    c.  If  no objections to such petition are filed within the twenty-one
  day period prescribed in subdivision b of this section,  the  department
  of  city  planning shall forward the petition within five days after the
  close of such period to the community board for the  community  district
  in which the cafe is proposed to be located, and such board shall review
  such petition pursuant to subdivision e of this section.
    d. If any objections exist, including any objections by the department
  of  city  planning,  the  department  of  city planning shall inform the
  petitioner of the objections and that review of the  petition  has  been
  stayed  until  the  objections indicated are resolved. If the objections
  are not resolved within six months  from  the  date  the  petitioner  is
  informed  that  review  of  the  petition has been stayed, such petition
  shall be deemed to have been withdrawn. If the objections  are  resolved
  within  the  prescribed  time,  the  department  of  city planning shall
  forward the petition within five days of such resolution to the  council
  member  in  whose district the cafe is proposed to be located and to the
  community board for the community district in which the cafe is proposed
  to be located, and such board shall  review  the  petition  pursuant  to
  subdivision e of this section.
    e.  The  community  board  shall, not later than forty-five days after
  receipt of such petition, either (i) notify the public of  the  petition
  in  a manner specified by the city planning commission, conduct a public
  hearing thereon and submit a written recommendation  to  the  department
  and  to  the  council  or  (ii)  waive by a written statement its public
  hearing and recommendation on such petition, and submit  such  statement
  to the department and to the council.
    f.  Within  thirty  days  after  the  expiration of the forty-five day
  period allowed for the filing of  a  recommendation  or  waiver  by  the
  community  board,  the department shall (i) hold a public hearing on the
  petition, (ii) approve the petition, disapprove it or  approve  it  with
  modifications,  and  (iii)  file  with  the council any such decision to
  approve or approve with modifications, together with  the  petition.  If
  within  the  time  period  provided,  the  department  fails to take the
  actions on a petition  provided  for  in  the  preceding  sentence,  the
  petition  shall  be deemed to have been denied. For a period of not less

  than fifteen calendar days prior to the date of such public hearing, the
  petitioner  shall  post  notice  of  the  public  hearing  in  a   place
  conspicuous  to  public  view  at  the location of the proposed sidewalk
  cafe.  At  least  fifteen  days  prior  to the date of such hearing, the
  department shall give notice to the community board for the district  in
  which  the  cafe  is  proposed  to  be  located, to the president of the
  borough in which the cafe is proposed to be located and to  the  council
  member  in  whose  district the cafe is proposed to be located. Not less
  than five calendar days prior to the date of any such hearing, notice of
  the hearing shall be published in the City Record and in  one  newspaper
  of  local  circulation in the community where the cafe is proposed to be
  located. No other  notice  requirements  shall  apply  to  hearings  for
  revocable consents for sidewalk cafes.
    g.  Within  twenty  days  of  the date the petition is received by the
  council pursuant to subdivision f  of  this  section,  the  council  may
  resolve  by  the  majority  vote  of  all  council members to review the
  petition. If the council does  not  so  resolve,  the  approval  of  the
  petition  by the department shall be forwarded to the mayor for approval
  pursuant to subdivision i of this section.
    h.  If  the  council  resolves  to  review  a  petition  pursuant   to
  subdivision  g of this section, the council shall hold a public hearing,
  after giving public notice not less than five days in  advance  of  such
  hearing.  The  council shall take final action on the petition and shall
  file with the mayor its resolution, if any, with respect to the petition
  within fifty days of  the  filing  of  the  petition  with  the  council
  pursuant  to  subdivision  f  of this section. The affirmative vote of a
  majority of all the  council  members  shall  be  required  to  approve,
  approve with modifications or disapprove the petition. Any modifications
  by  the  council  shall  not  affect the terms of any proposed revocable
  consent agreement which  relate  to  term,  compensation,  revocability,
  exclusivity, security, insurance, indemnification, erection, maintenance
  or  removal  of any structure, right of access by the city and rights of
  abutting property owners. If within the time period provided for in this
  subdivision, the council fails to act or fails to act  by  the  required
  vote  on  a  petition,  the council shall be deemed to have approved the
  petition.
    i. The consent shall be for such term and upon such conditions as  may
  be  provided  in the approval of the petition by the department, as such
  approval  may  be  modified  by  action  of  the  council  pursuant   to
  subdivision h of this section, but shall be revocable at any time by the
  department.  The  separate and additional approval of the mayor shall be
  necessary to its validity.
    j. Consents for sidewalk cafes shall  provide  for  fees  to  be  paid
  annually  to  the  city during the continuance of the consent. Such fees
  shall be calculated pursuant to a formula  established  by  rule  or  by
  local  law,  which  shall  apply  uniformly to all consents for enclosed
  sidewalk cafes. The department shall file with  the  council  a  written
  recommendation for a formula to be used to calculate such fees.