NYC Outdoor Dining Program Roundtable With Community and Ethnic Media – Discussion of New Rules, Regulations

MEDIA ADVISORY: NYC DOT AND SBS HOST JOINT COMMUNITY AND ETHNIC MEDIA ROUNDTABLE ON NEW RULES FOR NYC’S OUTDOOR DINING PROGRAM, DINING OUT NYC

Editor’s note: Rules for the outdoor dining program were released by the DOT after this event and reported by CityLand.  It is defined as follows: 

“The Program

The new permanent outdoor dining program will allow restaurants to use sidewalk seating year-round with removable tables, chairs and decorative items. Roadway cafes can operate from April 1 to November 29 with additional restrictions. Outdoor cafes may only operate from 8 AM to midnight Monday through Saturday and 10 AM to midnight on Sundays. The program requires restaurants to keep a clear path along the sidewalk and to not restrict the furnishing zone parallel to the curb, in addition to required distances from other common sidewalk features and infrastructure, including bus stops, subway staircases, mailboxes, and more. 

Restaurants must apply for a license to operate a sidewalk or roadway cafe. Licenses are valid for four years and will cost $1,050 to grant or renew a license for either a sidewalk or roadway cafe. In addition, restaurants will have to pay for a revocable consent to use the sidewalk or roadway space. The revocable consent fee is paid annually and determined by the sector the restaurant is located in; most restaurants in the outer boroughs can expect to pay $5 per square foot for roadway space and $6 per square foot for sidewalk space, and restaurants in certain parts of Manhattan can expect to pay up to $25 per square foot for roadway and $31 per square foot for sidewalk space. While restaurants did not have to pay during the temporary program, these permanent rates are cheaper than the original outdoor cafe plan, where restaurants south of 96th Street in Manhattan paid $40 per square foot and restaurants elsewhere paid $30 per square foot. 

After petitions for the revocable consent are received by the Department of Transportation, they will be forwarded to the impacted Community Board, Borough President, Council Member and Council Speaker. The Community Board will have 40 days to hold a public hearing and submit a recommendation or submit a written statement waiving the public hearing and recommendation. If the Community Board submits nothing, the hearing and recommendation will be considered waived. If the Board denies the petition or votes to approve with substantial modifications that the restaurant owner does not agree with, a public hearing can be held by the Department of Transportation. Petitions that get approved by the Department of Transportation will be reviewed and voted on by the City Council. This process will allow the public to have multiple opportunities to provide feedback and concerns regarding any given application.”

NEW YORK — The NYC Department of Transportation (NYC DOT) in partnership with the NYC Department of Small Business Services (SBS) hosted a community and ethnic media roundtable to discuss new rules and guidelines for the city’s outdoor dining program on Wednesday, March 6, 2024, 11:30am to 12:30 pm.

The program, Dining Out NYC, replaces earlier rules and guidelines for outdoor dining established during the pandemic, prioritizing safer, cleaner, and more accessible streets.

SBS Commissioner Kevin D. Kim and NYC DOT Commissioner Ydanis Rodríguez will be available for questions.

Banner Image: Outdoor dining. Image Credit – NYC DOT