Sidewalk table permit response from city council (from forum "Restaurant problems on Broadway")

[Rich Lang]

A forum item raised the issue of the lack of tables at restaurants on Broadway. I wrote to a councilman (not the councilman for that ward), and his response follows. I don't understand the specifics of the issue on the West Side, but it sounds like a good start would be (a) asking the restaurant owners if in fact they want outdoor seating, or if they have chosen not to put tables out, (b) call your city council rep, and (c) call the Office of Neighborhood Services at 421-CITY.

Rich

Tables are allowed on the sidewalk, given the restaurant applies for a permit and adheres to certain rules regarding reasonable passage for pedestrians, etc. I know this is the case because I have outdoor seating in my ward. I am not sure about the comment about zoning, but suggest to whomever is interested they give a call to the Office of Neighborhood Services at 421-CITY.

From the CODE OF ORDINANCES


Sec. 23-6. Opening, excavating, etc., on, in, across or under public roadway or sidewalk.
(a) Preamble. The public safety and convenience require both the installation and maintenance of utility services and the maintenance of safe and aesthetically pleasing roadways and sidewalks. These requirements, unfortunately are sometimes in tension. Safe streets and sidewalks are unquestionably necessary and aesthetically pleasing highways are highly desirable. The public, though, has the right to expect the availability and delivery of both existing and improved or new utility services. Such delivery and availability are to be provided, but must be provided in a safe and sound manner.
The city seeks to allow the delivery of the expected services yet ensure public safety and the quality of life to which the city's citizenry is entitled. That goal requires the balancing of two (2) important dynamics. The city seeks to promote the prompt and safe delivery of old and new services without sacrificing the peoples' safety and convenience.
(b) No person, firm or corporation shall in any manner make any opening or excavation on, in, upon or under nor lay any pipe, wire, line or conduit, cable or the like, on, in, across or under any public roadway or sidewalk in the city nor upon any public lands (the jurisdiction over which is not legally reserved to another municipal department) without the prior written consent of the director of public works or his or her designee.

(c) No person, firm or corporation shall in any manner place or cause to be placed any sign, equipment, tables, chairs nor any structure, post or footing on, in, upon or under any roadway or sidewalk in the city, nor on, in, upon or under any public land (the jurisdiction over which is not legally reserved to another municipal department) without the prior written approval of the director of public works or his or her designee.



Public Works – Process

One must go to the Board of Licenses for a Expansion of Premises Permit:
Non-Alcohol - $135
Alcohol – whole different ball game there are hearings etc. that are surmountable upwards of $350.00

Application - Public Works - Table & Chairs License - $100.00 (allows you to put the table and chairs on the sidewalk)

Public Works – goes out to measure frontage of storefront:
Based on capacity there is criteria on
1. Footage in front
2. Bases on indoor capacity – the Fire Marshall will allow 20% seating in front of business

Public Works Commission holds a Public Hearing.