New York Daily News

New deal for street eats Dining sheds must close by midnight, be taken down for winter

- BY TIM BALK

Mayor Adams’ administra­tion took a step Friday toward limiting the presence of roadbed dining structures in the city, finalizing rules for a new outdoor eating program that only permits the controvers­ial corrals for eight months of the year.

Under the city rules, street dining structures cannot be fully enclosed, must be accessible for disabled New Yorkers and must meet certain dimension parameters, based on their location.

The rules largely mirror draft guidelines released in September, with some minor alteration­s to barrier guidelines and permitted hours. Under the finalized regulation­s, roadbed structures cannot be longer than 40 feet or wider than 8 feet; outdoor dining will be allowed until midnight seven days a week, a slightly smaller window than in the draft rules.

During the rulemaking process, the city received feedback from restaurant owners and residents. The rules are scheduled to take effect March 3, but restaurant­s with operationa­l outdoor dining structures face an Aug. 3 deadline to apply for a permit or to take down their setups.

The Transporta­tion Department drafted the regulation­s after the Adams administra­tion and the City Council negotiated a deal to expand outdoor dining beyond its limited prepandemi­c form, while limiting the use of street sheds, which kept restaurant­s alive during COVID.

The structures, which the city permitted for free during the COVID crisis, have drawn out rats, annexed space where cars once parked and forced waiters to wrestle with unruly bike traffic. But the structures also saved untold restaurant­s during the pandemic.

The new program has been cast as a compromise to boost restaurant­s’ business and preserve outdoor dining that has flourished in the outer boroughs while curtailing the presence of unsightly and disruptive sheds that can drive Manhattani­tes crazy.

The new rules allows outdoor dining on sidewalks year-round, and on city roads for eight months starting April 1 and lasting until Nov. 29, forcing restaurant­s to remove structures in late fall and rebuild them in the spring.

Restaurate­urs will be left to choose whether they wish to remove and then rebuild the structures each year.

In a statement, Adams said his administra­tion is “investing in public realm projects across the city” and “fundamenta­lly transformi­ng what it feels like to be outside in New York.”

Today, some 13,000 restaurant­s participat­e in the city’s outdoor dining program, up from around 1,000 before COVID, according to the Transporta­tion Department.

The city said it plans to launch a portal allowing restaurant­s to apply for licenses on March 4. A four-year license for sidewalk seating would cost $1,050. Roadbed permit fees would vary by size and location.

Outdoor dining has continued to grow in popularity as the city has pushed past the pandemic, according to research. Last spring and summer, rates of outdoor dining rose by about 24% compared with a year earlier even as total dining was flat, according to research by the OpenTable reservatio­n app.

Andrew Rigie, the head of the New York City Hospitalit­y Alliance, an associatio­n representi­ng restaurant­s, said Thursday that his industry had been “anxiously awaiting” the finalized rules and that the new program would be better for restaurant­s than the pre-COVID era.

“It’s been a long time coming,” he said of the final regulation­s. “The permanent program is going to have an enormous impact on the future of countless restaurant­s across the five boroughs.”

 ?? ?? Outdoor dining structures, like this one on Thompson St. in the Village, will have to be taken down in late November and can’t return until April 1 under City Hall’s new policy. Other rules concerned shed design (below).
Outdoor dining structures, like this one on Thompson St. in the Village, will have to be taken down in late November and can’t return until April 1 under City Hall’s new policy. Other rules concerned shed design (below).
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