This photo depicts the first and second patio as well as evidencing the curb was cut to accomodate the off street parking of vehicles.  There is a petition and entrance way from the small 32 seat patio into the larger non-conforming patio. 

What must be remembered is that there are several bars/restaurants/nightclubs that guilty of the exact same thing - after the ratified resolutions are handed down by BOZA granting the parking variances, business owners construct illegally permitted patios in the designated required parking sites.

If a residential homeowner were to build a deck onto their home without obtaining the proper permits followed by inspections, they would have their asses hauled into court, fined and ostersized - maybe even instructed to dismantel the add on quicker that you could say lickety-split.  You can't get a code enforcer or inspector from Building and Housing to even come out and take a look at these non-permitted constructions.