Outdoor Dining Improvements

NYC Hospitality Alliance’s proposes 7 reforms to create the best and most inclusive outdoor dining program in the county. These reforms promote alfresco dining, support local restaurants, generate tax revenue for New York, and create jobs.

1. Year-round Roadway Dining Option: One of the key challenges faced by small restaurants across the five boroughs is the seasonal only roadway dining option. The construction and storage costs associated make it too expensive and cumbersome for many restaurants. To address this issue, the city should allow roadway cafes that meet specific standards to remain open year-round. For others, the city should provide winter storage for the streeteries since these restaurants are paying the city fees for participating in the outdoor dining program.

2. Reduce Fees: While lower than under the old sidewalk café law, fees remain too high for many restaurants and should be reduced. The jobs created and tax revenue gained from lower fees exceeds the limited government revenue that’s collected from far fewer applicants deterred by high costs. Additionally, annual fees should be payable in installments, as they were for decades, rather than requiring full upfront payment, which is too burdensome for many businesses.

3. Sidewalk Café Enclosures: Restaurants pay annual fees for sidewalk cafes so they should be allowed to enclose them, esspecially during the winter months using canvas, acrylic and glass vestibule style coverings to keep their customers and workers warm and protected from the elements of weather.  

4. Clearances: The clearances requirements for sidewalk cafes should revert to the uncontroversial decade’s old standard of half the sidewalk width or eight feet, whichever is greater. The new requirements reduced the number of seats many restaurants were allowed to have for years. Also, the way certain required clearances are measured should be changed to maximize allowable seating while preserving pedestrian clear path (e.g. measure to the tree trunk when tree beds are flush to grade).

5. Application Process: The online application process should be upgraded to allow features like letting restaurants save partially submitted applications to return to complete so they don’t have to be filed at once. The online only application option has also deterred some small restaurants from applying due to its complexity so the city should provide an in-person option to apply like they used to. 

6. Scaffolding: Scaffolding by definition is temporary. Therefore, scaffolding put up above a sidewalk café must ensure its pedestrian clearance requirements and not prevent or limit a sidewalk café's footprint. 

7. Processing Time: The City Council intended for a faster outdoor dining application process, but the city is now taking too long to determine if an application is complete before sending it to the community board, which begins the processing timeline, so speeding up this process is crucial.