NYC Council approves bills for year-long curbside dining and additional supports for restaurant owners
Most recall that curbside cafés were created during COVID to help restaurants maintain clientele when large groups gathering indoors increased the potential risk to spread the virus.
Time passed, and social distancing and masking became less of a practice and more of a memory to most. As it was perceived as more optional, curbside eating became more regulated. Unlike sidewalk cafés, which could operate yearlong with permits, restaurant owners had to deconstruct their seating on the road by November 29 only to reinstall them no earlier than April 1.
According to NYC Council Member Lincoln Restler this caused a 90% decline in restaurants participating in roadside dining due to the expense caused by having to build, dismantle, and store the structures, only to repeat this process each year.
Introduction 0655-A, sponsored by Restler, removes “seasonal restrictions on roadway café operation. This bill would also allow use of weatherproofing and winterizing materials to facilitate the operation of a roadway café year-round. The bill prohibits any DOT rule that would allow a roadway or sidewalk café to operate later than 11:00 PM daily,” states the bill.
He said, “Too many restaurants and cafés have been locked out of our roadway dining program by unnecessary red tape and seasonal restrictions. We are transforming the public realm by making it easy for thousands of restaurants to offer roadway dining. Outdoor dining is great for local restaurants, great for the hospitality sector workforce, and great for all of us to be able to enjoy a meal on the streets of New York City.”
Another bill, Introduction 894-A, allows roadside cafés to be enclosed from November 30 through March 31. “Intro. 894-A gives restaurants the option to install removable coverings from November 30 through March 31, with clear rules for their use. Restaurants already pay for this space year-round, and this practical change will allow them to make better use of it, serve more customers, and help keep employees working throughout the year,” said NYC Council Member Gale A. Brewer, this bill’s sponsor.
NYC Council Member Shanel Thomas-Henry’s bill, Introduction 918-A, supports these business owners by allowing the annual fee to be paid on a quarterly schedule.
One bill addresses sanitation concerns. As many of these spaces reportedly became housing for rats or fostered other sanitation complaints, Introduction 917-A, protects community that neighbors these structures from bad actors. “As more outdoor dining structures appear on our streets and sidewalks, we need to make sure they don’t come with a side of trash,” said this bill’s sponsor NYC Council Member Justin Sanchez. “This bill establishes a basic standard: the health and sanitation standards restaurants follow inside come with them as their service moves outside. The privilege of expanding onto the public right of way comes with a responsibility to be a good neighbor, keep the surrounding area clean, and make sure outdoor dining adds to our streets and not the mess.” Those whose outdoor setups create unsanitary conditions, become unsightly, or attract vermin would be subject to fines: $200 for the first offense and $500 for the second and subsequent offenses.
The Greenline 