The New York City Council and Mayor Eric Adams have come to an agreement on legislation that would make permanent outdoor dining, the Open Restaurants program, a permanent feature of city life. The program was launched in 2020 as a way to support city businesses and provide a safe gathering space for New Yorkers during the pandemic.
The Council introduced a bill that would permit outdoor dining structures, or “streeteries,” on city streets for eight months of the year, while “sidewalk cafes” would be allowed year-round. The bill is expected to be voted on by the Council next month. The legislation aims to regulate the Open Restaurants program, which had approximately 12,000 participating restaurants at one point.
The permanent outdoor dining bill will add new rules and requirements for restaurants, but more businesses will be allowed to offer outdoor dining than before the pandemic. The bill prohibits dining structures on city streets between November 30 and March 31, while dining set-ups on sidewalks will be allowed all year.
Restaurants will pay separate fees for a sidewalk cafe license and a roadway cafe license, both of which cover a period of four years and cost $1,050. Another new rule requires restaurants located in historic districts or on a landmarked site to get approval from the Landmarks Preservation Commission before seeking a license for a sidewalk cafe or roadway cafe.
The Department of Transportation will continue to oversee the permanent outdoor dining program, while the Department of Consumer and Worker Protection managed the sidewalk cafe licensing prior to 2020. The NYC Hospitality Alliance has praised the new permanent outdoor legislation, stating that it will cut red tape and fees for restaurants to participate in outdoor dining.
