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Assembly Bill A7598

2025-2026 Legislative Session

Relates to year-round outdoor dining

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Current Bill Status - In Assembly Committee

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2025-A7598 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §96-c, Gen Muni L

2025-A7598 (ACTIVE) - Summary

Requires municipalities which permit sidewalk and roadway cafes to permit year-round outdoor dining.

2025-A7598 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7598
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  amend  the general municipal law, in relation to year-round
   outdoor dining
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 96-c to read as follows:
   § 96-C. YEAR-ROUND OPERATION OF SIDEWALK AND  ROADWAY  CAFES.  1.  THE
 GOVERNING  BOARD OF ANY CITY, TOWN OR VILLAGE WHICH, BY LOCAL LAW, ORDI-
 NANCE OR RESOLUTION, PERMITS  AND/OR  REGULATES  THE  ESTABLISHMENT  AND
 OPERATION  OF  SIDEWALK  CAFES  AND/OR ROADWAY CAFES WITHIN SUCH MUNICI-
 PALITY SHALL PERMIT SUCH FACILITIES TO OPERATE YEAR-ROUND.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) "ROADWAY CAFE" SHALL MEAN AN OPEN-AIR PORTION OF  A  GROUND  FLOOR
 RESTAURANT CONTAINING READILY REMOVABLE TABLES, CHAIRS AND OTHER REMOVA-
 BLE  DECORATIVE ITEMS, WHICH IS LOCATED IN THE CURB LANE OR PARKING LANE
 OF A ROADWAY FRONTING THE RESTAURANT; AND
   (B) "SIDEWALK CAFE" SHALL MEAN A PORTION OF A GROUND FLOOR  RESTAURANT
 LOCATED  ON  A PUBLIC SIDEWALK OR SIDEWALK WIDENING FRONTING THE RESTAU-
 RANT.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT A MUNICIPALITY FROM ENACTING
 LAWS, ORDINANCES OR REGULATIONS WHICH  PROVIDE  FOR  PUBLIC  HEALTH  AND
 SAFETY  RELATING  TO THE OPERATION OF SIDEWALK AND ROADWAY CAFES INCLUD-
 ING, BUT NOT LIMITED TO, STREET CLEANING, ABANDONMENT OF A ROADWAY CAFE,
 STRUCTURAL DESIGN, SNOW REMOVAL, OR ENSURING A CLEAR PATH FOR PEDESTRIAN
 ACCESS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11183-02-5

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