New York City’s outdoor dining era, which began as a pandemic necessity, is undergoing significant changes. With the introduction of new regulations, fewer than 3,000 restaurants have applied for the new “Dining Out NYC” program, signaling a potential decline in the popular outdoor dining sheds.
During the COVID-19 pandemic, New York City diners embraced outdoor dining sheds as a way to enjoy a semblance of normalcy. These small, enclosed spaces were essential for restaurants to stay afloat amid social distancing requirements. However, the city’s new program, which includes hefty fines, threatens to phase out many of these sheds.
New regulations and application deadline
Saturday marked the deadline for restaurants to apply for the “Dining Out NYC” program. Restaurants that fail to register but continue to use dining sheds will face fines starting at $500 for the first offense and increasing by $1,000 for each subsequent offense until the sheds are removed.
In May, Mayor Eric Adams and the City Council reached an agreement to make outdoor dining a permanent feature of the city. However, this decision comes with several new requirements aimed at standardizing the spaces and regulating when they can be set up on streets and sidewalks.
Limited applications and financial impact
A Department of Transportation spokesperson confirmed that as of Saturday afternoon, fewer than 3,000 restaurants had applied for the new program. This is a sharp decline from the approximately 13,000 restaurants that participated in the pandemic-era Open Restaurants program.
The new rules mandate that restaurants seeking outdoor dining spaces must pay separate revocable consent and license fees. The license, which is valid for four years, costs $1,050 for a sidewalk café or $2,100 for both roadwalk and sidewalk use. The revocable consent fee varies based on location and size.
Standardized designs and seasonal restrictions
Under the new plan, all future outdoor dining structures will have standardized designs. Fully enclosed spaces are prohibited, and only umbrellas, awnings, and easily removable coverings are allowed. Additionally, outdoor dining sheds will only be permissible from April 1 to November 29, requiring restaurants to dismantle and store them during the off-season.
Restaurant owners’ reactions
For many restaurant owners, the new regulations present significant challenges. John Rodriguez, a Brooklyn restaurant owner, expressed concerns about storage costs but still plans to maintain his outdoor dining area due to its positive impact on business.
In contrast, Jean-Marc Houmard, co-owner of Manhattan’s Indochine, lamented the need to dismantle his $80,000 cabana. “Unfortunately it’s just going to go to a dumpster,” he said, noting that his “tropical fantasy” space will soon be reduced to scrap.
Official perspective
City officials argue that the new guidelines will benefit both residents and restaurant owners. Deputy Mayor for Operations Meera Joshi stated, “The program that sprang up out of necessity has matured. Now we have standards to ensure that all outdoor dining structures are beautiful and well-maintained.” She emphasized that the new regulations would eliminate “shabby sheds” from city streets, enhancing the overall streetscape experience in New York City.
The transformation of New York City’s outdoor dining regulations marks the end of an era. While some restaurant owners face new challenges, city officials believe the changes will lead to a more aesthetically pleasing and well-maintained outdoor dining environment.
