UNDERSTANDING THE POLICY AND REGULATORY LANDSCAPE  ︎︎︎

Section 3.1

Understanding the Policy and Regulatory Landscape



In crowded cities like New York, public spaces—including sidewalks, plazas, parks, and streets—are incredibly valuable. For centuries, they have been used by a web of individuals, businesses, and organizations for a variety of applications and are therefore highly regulated by local and state governments.

Depending on the type of space within the public realm, local stakeholders are often subject to a variety of permits and regulations. Each regulation has been established to address a mix of issues across public safety, public health, sanitation, and public order. Stoop line stands and street vendor licenses, for example, were first established decades ago to regulate crowding and sanitation on city streets and sidewalks following heightened complaints by the public.
GLOSSARY OF CITY AGENCIES

DOHMH  Department of Health and Mental Hygiene

DOT  Department of Transportation

DCWP  Department of Consumer and Worker Protection

NYFD  New York Fire Department

NYPD  New York Police Department

SAPO  Street Activity Permit Office (Mayor’s Office)


Further complicating the web of rules that govern our use of public spaces is the fact that a variety of agencies interpret and enforce these rules, and levy fines, making it burdensome for local stakeholders to comply with regulatory frameworks.

Although many of these rules may have been established with good intent to protect public safety and health, many are inflexible. Some rules have not been adapted or revised in decades to reflect the new ways that our public spaces are being used—especially in commercial districts, where customer journeys and expectations have rapidly evolved.






Section 3.2

How is the Public Realm
Shaped by Existing
Regulatory Frameworks?



Photo of children play in the water of an open fire hydrant in a closed street, with chairs and toys on the street. Adults talk nearby.
The following sample scenarios illustrate common uses of the public realm in our commercial districts. From promoting, marketing, and selling products and services to complementary ambient entertainment for visitors and diners, each activity that occurs is required to comply with a set of regulations enforced by a mix of city agencies. 





︎ Uptown Grand Central
SIDEWALKS ︎︎︎ 

“I’m a business owner and I would like to extend my storefront visibility by placing brightly colored benches and an A-frame sign on the sidewalk outside my store in the summer.”


︎︎︎ DOT “Revocable consent permit”
A Revocable Consent Permit, which allows individuals or organizations to construct and maintain certain structures(like planters or benches) on, over, or under the City’s streets and sidewalks, will be required of the business owner for the placement of benches (an A-frame sign is allowed without permit when placed within three feet of the property and if sidewalk measures at least 12 feet wide from the building to the curb). Generally, Revocable Consent Permits are granted for a term of ten years and may be renewed by the owner or tenant of the property that benefits from the structure.

NOTE: IF A BUSINESS IS LOCATED ON A “ZERO-SIDEWALK DISPLAY” STREET, A-FRAME SIGNS ARE NOT PERMITTED. CALL 311 TO ASK IF YOUR BUSINESS IS LOCATED ON A ZERO SIDEWALK DISPLAY STREET.















Woman walks past deli with pumpkins on display. ︎ JP Valery






According to New York City’s Sidewalk dataset, about 80% of sidewalk widths fall below 12 feet making it nearly impossible for businesses to adhere to the regulations set forth in sidewalk usage.

“I own a restaurant and would like to put three to four tables on the public sidewalk outside of my storefront.”


︎︎︎ DCWP “Sidewalk Cafe License”
A Sidewalk Cafe License allows a business to operate a portion of a restaurant on a public sidewalk. The three types of allowable sidewalk cafes include an Enclosed Sidewalk Cafe (enclosed area on the public sidewalk in front of the restaurant that is constructed predominantly of light materials such as glass, plastic, or lightweight metal), an Unenclosed Sidewalk Cafe (outdoor area on the public sidewalk in front of the restaurant that contains removable tables and chairs), and a Small Unenclosed Sidewalk cafe (no more than a single row of removable tables and chairs next to the building occupying no more than four feet and six inches of the public sidewalk). The license is granted for 24 months (or two years) and may be renewed.

THIS LICENSE TYPE IS CURRENTLY SUSPENDED.


︎︎︎ DOT “Open Restaurant (Sidewalk) Permit”
The temporary Open Restaurant Emergency Program, launched during the COVID-19 pandemic and slated for permanent adoption, allows food establishments to place outdoor seating in front of their establishment on the public sidewalk (placed up against the wall of the business or as close as possible) as long as structures are removable, do not infringe upon/impede the eight foot pedestrian clear path on the sidewalk, and do not block any right-of-way signs, street regulation signs, fire escapes, Siamese pipes or water sampling stations.


Diners at a sidewalk cafe are served lunch by a waiter. A woman looks at her phone while waiting to cross the street.
 ︎ Krisztina Papp/Unsplash
STREETS ︎︎︎ 

“My neighborhood organization would like to host a single annual event on our commercial corridor and invite local vendors to sell goods on the street.”


︎︎︎ SAPO “Street Festival Permit”
A Street Festival Permit allows nonprofit organizations to close one or more blocks (for a day or more) to offer community sponsored events that also feature opportunities to purchase goods and services from licensed vendors. There is currently a moratorium on new street fairs in place, meaning a street fair must have been held in calendar year 2019 (the last full year prior to pandemic) to be eligible to apply.

︎︎︎ DCWP “Temporary Street Fair Vendor Permit”
Each vendor at an authorized street festival is required to get a Temporary Street Fair Vendor Permit to sell merchandise or offer a service from a booth or stand (not including food products).


︎︎︎ DOHMH “Food Vending License and Food Vending permit”
A Mobile Food Vending License is issued (for a full term of two years, or for a seasonal term between April 1 and October 31 of a calendar year) to an individual who will prepare and/or serve food from a permitted mobile food vending unit (truck or pushcart). A Mobile Food Vending Permit may then be issued (for a full term of two years, or for a seasonal term between April 1 and October 31 of a calendar year) to an individual or business wishing to prepare and/or sell food from a pushcart or truck. The permit is issued for the food vending unit (truck or pushcart) that will be operated. However, there are waiting lists to apply for the Mobile Unit Permit.

︎︎︎ NYFD “Generator Permit”
A permit from NYFD is required for any use of portable generators with fuel storage tank capacity exceeding two and half gallons of gasoline and/or ten gallons of diesel. A licensed electrician should be consulted to evaluate power needs and determine the type of generator you will require.

︎︎︎ NYPD “Sound Device Permit A permit from your local NYPD precinct is required to use amplified sounds (and/or sound devices) at any street event.














A street festival in Manhattan.

︎ Taylor Heery


“A few of the restaurants on my block would like to use the street to expand dining outside our businesses on our busiest days. We’d also love to have the neighborhood organization put on outdoor performances when the streets are closed to traffic to create a lively ambiance.”
In addition to the permits mentioned in the preceding example, groups will need to apply:

︎︎︎ DOT “Open Streets (Full Closure) permit”
The Open Streets Permit, launched during the COVID-19 pandemic and slated for permanent adoption, allows nonprofit organizations, educational institutions, and local businesses to use streets for outdoor dining, programming, and outdoor learning/recreation for schools. There are three types of Open Streets permits:


︎︎︎ Limited Local Access (a street designated for pedestrian and cyclist use, during a specified set of hours and days each week, where local vehicle access for parking and loading is permitted, and drivers are advised to drive five miles per hour)


︎︎︎ Full Closure (a street that is temporarily closed to vehicles for pedestrian and cyclist use, small business use, and other activities)

︎︎︎ Full Closure: Schools (a street that is temporarily closed to vehicles to support schools for drop-off and pick-up operations, recess, and outdoor learning)

Photo of outdoor dining on a commercial street’s roadbed, with planters serving as a barrier around the space.


 ︎ Emily Andrews and Kamila Harris

“I would like to test the market for my business in a new neighborhood in a highly-visible spot on the plaza for a short-term.”

︎︎︎ DOT “Public Plaza 29-Day Concession Permit”
A concession permit is required for concessionaires/businesses to operate on a plaza. The concession may be as simple as a table or tent, or as complex as a specially-designed freestanding structure. With this permit, concessionaires may only operate a single concession in a designated high- or medium-need NYC DOT plaza for 29 days within a 365-day period.

IN ADDITION, FOR A FOOD SERVICE ESTABLISHMENT, THE BUSINESS MAY NEED TO APPLY FOR A TEMPORARY FOOD SERVICE ESTABLISHMENT PERMIT FROM DOHMH. 

Photo of CaribBeing house is a yellow shipping container-turned-shop, placed outside of the ice skating rink at Prospect Park. It has several doors which have a geometric design.
︎ Janluk Stanislas













Photo of people of different ages and racial/ethnic backgrounds dance in the center with people standing around and tabling in the foreground. ︎ Uptown Grand Central

“Our neighborhood organization would like to hold a small celebration on our plaza, featuring performances by local musicians as well as food and retail vendors.”


︎︎︎ SAPO “Plaza Event Permit”
A Plaza Event Permit is required to hold any activities within a pedestrian plaza in which the activity will obstruct or interfere with regular use of the plaza. Permit fees vary by event size, location, and plaza category, and APPLICANTS ARE REQUIRED TO BE INSURED FOR A MINIMUM OF $`MILLION.  
︎︎︎ NYFD “Generator Permit”
 A permit from NYFD is required for any use of portable generators with fuel storage tank capacity exceeding two and half gallons of gasoline and/or ten gallons of diesel.

︎︎︎ NYPD “Sound Device Permit
A permit from your local NYPD precinct is required to use amplified sounds (and/or sound devices) at any plaza event.

︎︎︎ DOT “Public Plaza 29-Day Concession Permit”
A concession permit is required for concessionaires/businesses to operate on a plaza. The concession may be as simple as a table or tent, or as complex as a specially-designed freestanding structure. With this permit, concessionaires may only operate a single concession in a designated high- or medium-need NYC DOT plaza for 29 days within a 365-day period.

︎︎︎ DCWP “Temporary Food Service Establishment Permit”
A Temporary Food Service Establishment (TFSE) Permit may be issued to businesses selling or serving food from vending booths, stands, kiosks, vehicles or carts at special events. In addition, all Temporary Food Service Establishment facilities must have a supervising manager who has passed an NYC Department of Health and Mental Hygiene (DOHMH) Food Protection Course on site at all times. The supervisor's Food Protection Certificate is required to be on site at the time of an event.




NAVIGATING THE CURRENT REGULATORY PROCESS  ︎︎︎ 
Section 3.3

Navigating the Current Regulatory Process



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