Outdoor dining in New York City, originally introduced during the pandemic, could become a permanent, year-round option under legislation recently proposed by City Council Member Lincoln Restler. The bill aims to modify the existing outdoor dining regulations by extending the use of dining structures beyond seasonal operation and simplifying the current permitting process for restaurants.
Introduced yesterday, the proposal seeks not only to benefit the eateries but to also permit grocery stores and various eateries to capitalize on outdoor space, as reported by Gothamist. Advocating for small businesses, Restler has voiced concern about the sharp decrease in the number of restaurants that can feasibly maintain these exterior expansions due to cost-prohibitive regulations – from around 12,000 during the height of the pandemic to fewer than 2,000 approved establishments as of March.
Despite the prevailing sentiment that outdoor dining was a silver lining during the challenging times of social distancing, the initiative has subsequently faced regulatory limitations catalyzed by concerns over sanitation, parking, and rat-related issues, as AMNY noted. According to critics like Andrew Rigie, executive director of NYC Hospitality Alliance, these regulations have reached heights rendering them "frustrating and cost-prohibitive,” stifling broader participation in the beloved program.
The bill does not only address the frequency of outdoor dining, but spatial regulations, seeking to adjust clearance rules — altering the required distance from intersections down to eight feet from the original 20. This move, aiming to cultivate a safer streetscape, has already garnered support from Brooklyn Borough President Antonio Reynoso and several council members, who told AMNY that transforming outdoor dining into a more accessible and permanent part of New York life is paramount.
Additionally, Restler's bill is championed by the nonprofit street advocacy group, Open Plans. With eyes on both mobility and street safety, the group’s Co-Executive Director Sara Lind praised the legislation for striving to reintroduce the scale and schedule of the original outdoor dining program while preserving vital reforms. "By restoring year-round outdoor dining and simplifying the process for restaurants, the City Council is making it possible for more businesses to succeed," Lind stated to AMNY.
As the dialogue continues, Mayor Eric Adams' administration has pledged its commitment to the welfare of local businesses in this regard. The Mayor's office, through spokesperson Anna Correa, criticized past mismanagement but emphasized a dedication to equipping restaurants with essential support. "Despite the City Council’s mismanagement of the outdoor dining process, we remain committed to supporting businesses," Correa told Gothamist.
