Call To Action: Air Conditioning & Open Store

2 Important Calls to Action Below

By NYC Hospitality Alliance

April 18, 2017


1.Tell your Council Member to support Int.1503.

Visit Identify your local council member. Call them. Explain the unintended consequences to your business if this amendment is not passed immediately. Urge them to support bill Int.1503.

2. Testify in-person (or submit testimony) on Monday 4/24/2017@ 1:00pm. 

The hearing will take place in the Committee Room at City Hall. Written testimony can be any length. For additional instructions and guidance, contact us at

Read the OVERVIEW below to help guide your conversation with your Council Member and prepare your testimony. We need to get this bill passed ASAP so restaurants aren't hit with more fines and/or lose lots of business because they are shut off from the open air.   You can contact the NYC Hospitality Alliance with questions and make sure to let us know who you called and if you will testify and/or submit written testimony. 


Back in 2015 an amendment was made to the sensible environmental law that prohibits retail businesses from keeping their doors open when the air conditioning is on. The amendment added the word "window" to the law. Unfortunately, it was written is such a way as to include, for the first time, restaurants constructed with open storefronts, an unintended consequence according to the amendment's main sponsor in the City Council.

That's why the Council Member has introduced Int.1503, a sensible, small business, restaurant worker and restaurant-goer friendly amendment to clarify the law by making it clear that certain restaurants are exempt. We need your support to pass Int.1503 that slightly amends Local Law 092 of 2015.

This amendment is needed because unfortunately the law can now be interpreted to prohibit restaurants with enclosed sidewalk cafes (which are required to have operable windows), or restaurants with "french doors" or the like, from being open while their air conditioning is on.  Such windows and doors are designed and built often at significant cost to the business. This feature also provides diners with a desired, semi al-fresco dining experience during the spring and summer months, they add charm and character to our city's streetscape, and the open air feature attracts customers, helping to generate necessary revenue for restaurants and workers. Having french doors and windows open are part and parcel for many restaurants....AND not an incidental feature as they are to other big box stores that may blow cool air onto the streets to attract customers inside on hot summer days.



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