New York City Restaurants Must Remove Outdoor Dining Structures by End of November
Permanent Al Fresco Dining Program Takes Effect
New York City restaurants must remove their outdoor dining structures from the street by the end of next week to comply with the rules of the city’s permanent al fresco dining program, which the City Council passed and Mayor Eric Adams signed into law last year.
Modular Setup Requirements
The permanent outdoor eating program, Dining Out NYC, allows restaurants to keep dining sheds on the sidewalk year-round, albeit in a modular setup easier to put up and take down than the large structures that defined the COVID era in the city. However, streeteries in the roadway are only allowed between April and November, and must be taken down for the winter by next Friday, November 29, so the curb can be restored for automobile parking.
Fines for Non-Compliance
Restaurants out of compliance could face fines of up to $1,000. Roadway setups can return on April 1.
Decline in Permits
The implementation of the new rules has coincided with a sharp decline in permits for outdoor dining setups. A spokesperson for the Department of Transportation (DOT), which administers Dining Out NYC, said the agency received 3,655 license applications from 2,981 restaurants for outdoor setups. That includes 1,569 for sidewalk-only, 738 for roadway-only, and 674 for both.
Restaurant Owners’ Concerns
Many restaurateurs blame the new program, citing the onerous and expensive requirement to take down and store roadway dining during the winter.
Sean O’Shea, Proprietor of Sound + Fury Brewery
"It just wouldn’t be worth it. Time and effort and labor and storage," said Sean O’Shea, the proprietor of Sound + Fury Brewery in Downtown Brooklyn. "Unless businesses are desperate, I think it will diminish to a standpoint that most places won’t put them back up again."
Charlotta Janssen, Owner of Chez Oskar
"People who came up with beautiful ideas are being punished, and the people with shitty setups are being used to punish the people with beautiful setups," said Charlotta Janssen, who has owned French bistro Chez Oskar in Bedford-Stuyvesant since 1998.
Mayor Adams’ Response
Asked Tuesday if he accepts any blame for the city’s decline in outdoor dining, Mayor Adams attempted to pass the buck onto the City Council.
Conclusion
The permanent al fresco dining program has been met with resistance from some restaurant owners, who feel that the modular setup requirements and seasonal restrictions make outdoor dining financially ruinous for all but the deepest-pocketed restaurants.
FAQs
Q: What is the permanent al fresco dining program?
A: The permanent al fresco dining program, Dining Out NYC, allows restaurants to keep dining sheds on the sidewalk year-round, albeit in a modular setup easier to put up and take down than the large structures that defined the COVID era in the city.
Q: Why do restaurants need to remove their outdoor dining structures by the end of November?
A: Streeteries in the roadway are only allowed between April and November, and must be taken down for the winter by next Friday, November 29, so the curb can be restored for automobile parking.
Q: What are the consequences for restaurants that do not comply with the program?
A: Restaurants out of compliance could face fines of up to $1,000.
Q: Why are there fewer permits for outdoor dining setups?
A: The implementation of the new rules has coincided with a sharp decline in permits for outdoor dining setups, with many restaurateurs citing the onerous and expensive requirement to take down and store roadway dining during the winter.
