New York makes outdoor dining permanent – with new rules

Mayor Eric Adams has signed a bill into law, establishing a permanent outdoor dining programme in New York City.

He said Dining Out NYC will be the largest outdoor dining programme in the US. It builds on the temporary scheme created during the pandemic and introduces new rules.

According to the announcement, the new outdoor dining programme “represents one of the most significant efforts of the last decade to reimagine the city’s streetscape”.

It follows more than a year of negotiations between the administration and the City Council, and input from the restaurant industry and communities across the city.

“Outdoor dining is here to stay,” said Mayor Adams. “New Yorkers were hungry for a cleaner, safer, healthier outdoor dining programme, and we are delivering for them with Dining Out NYC. The temporary open restaurants programme saved 100,000 jobs and kept our neighbourhoods vibrant – but too many abandoned sheds attracted rats and detracted from the beauty of our city.

“Dining Out NYC locks in the best parts of outdoor dining and gets rid of the worst – for restaurants, for communities, and for diners alike.”

“Outdoor dining has been transformative for the public realm in New York City, allowing residents and visitors to enjoy kerb and sidewalk spaces in new ways,” added Ya-Ting Liu, New York’s first-ever Chief Public Realm Officer, appointed earlier this year.

“It completely reframed our thinking on how we can manage public spaces in ways that enhance the pedestrian experience, support local businesses, and improve overall vibrancy of our streets.”

New rules

Under Dining Out NYC, outdoor dining will be permitted year-round on the sidewalk and from April to November in the roadway.

Outdoor dining set-ups will need to be open-air and easier to move or break down. Fully enclosed structures will no longer be allowed.

The city said that businesses will need to identify storage space to ensure that materials can be removed during the non-roadway season. NYC DOT will be working with the private sector to support emerging and existing rental businesses to supply restaurants with rentable outdoor dining set-ups, and the set-up and breakdown services associated with them.

In addition, the city is also working to design and develop a modular outdoor dining ‘kit of parts’ that will adhere to the new rules for roadway dining.

There is a new fee structure for participating restaurants, with rates varying by location and set-up size. There was no fee during the temporary programme but the city said the new charges are “equitable, accessible” and significantly lower than under the pre-pandemic sidewalk cafe programme.

The city’s Department of Transportation will lead on developing proposed rules that will establish design requirements as well as siting, material, and operational guidance. The rules will be available for public review this autumn.

Restaurants actively participating in the temporary programme can continue operating with existing set-ups for the rest of 2023 and throughout their application process.

Once the new rules are finalised, DOT will launch an online application site for restaurants and the first approved set-ups are expected to be up and running by spring 2024.

Some outdoor dining programmes have been impacted by recent heatwaves and wildfire smoke, and many outdoor eating spaces were reportedly empty in several cities last winter.