Int 0699-2005

Be it enacted by the Council as follows: Section 1. Section 20-239 of the administrative code of the city of New York is hereby amended to read as follows: 20-239 Approval. [Any stand required to be licensed under section 20-233 shall not be licensed unless the location thereof has been approved by the department of transportation. No license issued under section 20-233 shall be renewed if the department of transportation determines that the stoop line stand so licensed poses an obstruction to the free use of sidewalks by pedestrians.] No license may be issued or renewed under section 20-233 or 20-234 of this subchapter unless the commissioner has received a written certification from the department of transportation that the issuance or renewal of such license will not have an adverse effect on pedestrian safety and will not pose an obstruction to the free use of sidewalks by pedestrians. In order to issue such certification, the department of transportation shall conduct an on-site analysis of pedestrian traffic volume and prepare a report on its findings. The report shall contain the data used to reach its conclusion, attest to the department of transportation’s determination that such stoop line stand would not have an adverse effect on pedestrian safety nor pose an obstruction to the free use of sidewalks by pedestrians, and describe the methodology used to make its determination. The commissioner shall forward a copy of the application for a license or renewal of a license under section 20-233 or 20-234 of this subchapter and every department of transportation certification and the applicable report to the council member in whose district the stoop line stand is or proposed to be located and the community board for the community district where the stoop line stand is or proposed to be located within five days after the receipt of each. Notwithstanding anything in this subchapter to the contrary, if the department of transportation determines that a stoop line stand which is permitted to be five feet in width pursuant to section 20-237 will have an adverse effect on pedestrian safety or poses an obstruction to the free use of sidewalks by pedestrians solely because the width of such stand is five feet rather than four feet, the department of transportation [shall approve] may certify the renewal of such license at a width of four feet if such certification is otherwise warranted. § 2. This local law shall take effect immediately after its enactment into law. PH 8.05.05