Monday, August 5, 2024

The end and beginning of curbside dining

Photo outside Ruffian on 7th Street on Thursday by Derek Berg 

The deadline for restaurants to apply for the city's new outdoor dining program passed Saturday at midnight. 

If you didn't apply for Dining Out NYC, your curbside dining structure needed to come down, per the Department of Transportation (DOT), which oversees the program. In the past week or so, we have seen at least a dozen restaurants remove their pandemic-era curbside structures, including Gnocco on 10th Street just west of Avenue B, which in June 2020 was one of the more attractive-looking spots with its plants and umbrellas.
Many structures remain, as you've noticed. Perhaps these establishments applied for Dining Out. According to the DOT, they received fewer than 3,000 applications as of Saturday afternoon, per Gothamist

That's in contrast to the 13,000 participating in the temporary program in 2020. We spoke with an employee of one such place that didn't apply and still had its structure up outside. The employee didn't seem too concerned that a stretched-thin DOT would be out in force the first few days after the deadline passed.

Well, you have to figure the city is seeing $$$. Back to Gothamist: "Establishments that fail to do so would face a $500 fine for the first offense and $1,000 for each subsequent offense until the outdoor setup is removed." 

As previously noted, the significant change with the new guidelines is that enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. 

Additionally, these establishments are restricted to operating only from April through November. Lastly, Nov. 29 marks the conclusion of the roadway dining season under the permanent program, and all roadway setups must be removed until the spring. (Sidewalk cafes are permitted year-round.)

The application review process for roadway dining can take up to five months and for sidewalk dining, up to six months, CBS 2 reported. And, "Within 30 days of approval or by November, they need to submit a plan to meet the DOT's new outdoor dining guidelines."

Meanwhile, we'll be curious to hear the reaction to the new structures. 

Shiso Omakase could serve as a litmus test on Ninth Street between Second and Third Avenue. 

A new curbside space went up earlier this summer outside the under-renovation building (and adjacent to a portable toilet for the construction workers). This is how it looked before completion.
Notices — since removed — were posted on the structure stating that the setup had been approved by the DOT and was "not illegal as the building (214 E. 9th St.) falsely claimed." 

Then! 
The dining platform should not and can not be tampered with. By doing so, you will be bringing forth a lawsuit against you and any members involved, including the building." 
The letter says the structure is valued at $17,500. 

And to repeat later: 
Under no circumstances may the dining structure be damaged, removed or tampered with in any way, shape or form or you will be charged with a felony offense by the NYPD as well as bringing forth legal charges against you, your company, and the building.
Community Board 3's SLA committee has two items on its August agenda related to outdoor dining — a sidewalk cafe for Bowery Meat Company on First Street (which, if memory serves, had one before the pandemic) and curbside dining for Motel No Tell on Avenue A at 13th Street. Those items will not be heard during the meeting, however. 

40 comments:

  1. An excellent opportunity for the city to make some needed cash out of the nonchalant dummies.

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  2. East 9 St. & St. Marks Place between 3rd Ave. & TSP are M8 crosstown bus routes. Besides the already narrow streets, the dining sheds, double parked cars & trucks and now the new garbage bins, it is a nightmare for the bus drivers. All the dining sheds on these streets should be removed.

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    1. M8 the most elusive bus line in NY, more of a ghost bus really.

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  3. Goodbye rats; hello light, air and great views of the street with all those funky East Villagers!

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  4. these sheds are just not necessary.
    they only cause more congestion in
    this already overcrowded city.
    no other businesses have these outdoor
    sheds. eat at home more often.

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  5. I saw several bars/restaurants in the LES/EV taking down these sheds over the weekend. It is good that they are being removed they were an eyesore and the patrons who used them made a lot of noise that the residents living above the bars and restaurants did not appreciate at night when they are trying to get some sleep. Good riddance to those sheds.

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  6. 214 E. 9th St. is def not legal lmaooo get outta here. They're so entitled. We never had this shit til the pandemic, they act like it's gods gift.

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    Replies
    1. What aspect of their shed violates the rules?

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  7. Yes. finally more parking.

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  8. Rats, shed = rats. This urban blight, gift of public shared space to a single industry is outrageous. Next up, 45 gallon trash bins which few buildings in the EV have room for. Another fine driven cash cow for a city government which has no idea how to solve problems.

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  9. Geez! Whatever happened to just plain old sidewalk cafes?
    Remember those?
    Restaurants seemed to survive just fine with those.
    It's five years already listening to this "street dining" nonsense.
    Get rid of them.

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  10. As a former waiter who worked in two of them, I say good riddance. Not only are they eye sores, many are not properly maintained or sanitized. I saw some of the grossest things which I shall not mention on what felt like a daily basis. We were responsible for setting up the shed prior to the dinner shift. A few of us would often gag and wore masks until one of the busboys had to hose the walls and floor. These were intended for temporary use during the pandemic, which was over four years ago. Hope DOT enforces this new policy promptly. Time to move on and let go of these monstrosities.

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  11. It would be nice to publish a wall of shame for places that aren't removing their sheds even though they haven't been used for actual dining in ages. A couple on 11th and Avenue C come to mind.

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  12. NYC was designed to be too utilitarian and industrial and far from cozy. These sheds when well done and maintained add brought a little bit of European feel to NYC. If you look at it honestly Manhattan has way too much concrete and almost no cosy natural spaces. East village is a bit better in that respect but it’s still not Paris.

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  13. Is there any way to report the violators? Agency, Rivera, etc. Let's get all of the violators removed asap!

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  14. Kudos to Gnocco on E 10th and Lucky Bar on Ave B for being responsible businesses and removing their dining sheds before the deadline. Good idea to create a "List of "Shame" for remaining illegal sheds. It could be sent to our Community Board & CUEUP, as well as DOT.

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  15. Before forming vigilante curbside dining packs, check with the restaurant to see if it applied for the new program. If it did, it doesn't need to remove the outside setup just yet.

    If a business did NOT apply for Dining Out NYC, then they were supposed to have removed their structures by Saturday.

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  16. "list of shame" you are insane.

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  17. What are the rules for restaurants that do not have a shed but just put tables and chairs onto the sidewalk? Some sidewalks are very narrow.

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    Replies
    1. Under the new rules, restaurants can apply for a new sidewalk cafe license (a separate license to roadway dining) and must leave 8 feet clear for pedestrians.

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  18. Get rid of all street parking, pedestrianize that space with more trees, flowers, seats, space for every business in front.

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    Replies
    1. OK, and I suggest you never order from Amazon since UPS won't deliver to the garden of Eden you imagine.

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    2. Non sequitur. Areas can be reserved for that and free car storage can still be reduced.

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  19. Agreed that we can't form a mob—East Villagers will look silly holding pitchforks; that other "East Village" out in Pennsylvania (with the carriage HOMES) will call us posers.

    What is so wrong with a List of Shame though? These giant rat traps have got to go.

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  20. https://www.nyc.gov/assets/dca/SidewalkCafeMap/index.html

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  21. I will contact 311 soon if these eye sores aren't removed. I live near two of them and they are disgusting, especially during the summer. They might have been good for awhile, but all good things must come to an end.

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  22. Goodbye outdoor dining, goodbye people using streets instead of cars. I’m not advocating for crappy junk but some outdoor venues were great additions to our neighborhood and lives. Our streets have become giant parking lots, in a city already with a million of them—-our lives are better when we reclaim that public space for human use and enjoyment.

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  23. One came down on my block and it feels so much less claustrophobic now

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  24. LOL @anon 4:37 do you live in a dream in the middle of Manitoba? We need the streets for ... ya know... transportation. Wow.

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  25. @9:12 what city do you live in? You're certainly not from here. Guess who in cars? PEOPLE! Using a street for what a street is for, how novel.

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  26. Jet Packs are the answer. Soar above the madness. Curse out landlords and corporate assholes as you whizz about the City.

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  27. @11:22am: "NYC was designed to be too utilitarian and industrial and far from cozy." LOL, where are you from? NYC was not "designed" - it evolved.

    If you don't like it here, there's the entire rest of the PLANET out there; just pick your preferred "cozy" spot, move there & enjoy life!

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  28. @11:22AM: You seem fixated on PARIS: " If you look at it honestly Manhattan has way too much concrete and almost no cosy natural spaces. East village is a bit better in that respect but it’s still not Paris."

    How clever of you to notice that this is NYC, and not Paris! NYC ain't Paris.

    NYC has no reason or desire to try to be Paris, not now, not ever.

    NYC has exactly the right amount of concrete and the right mix of people!

    "if YOU look at it honestly", then you'll have to admit you got off the plane on the wrong continent! You are in WONDERFUL NYC, the best city in the entire world, and a place Paris can only be envious of.

    Next time you travel, make sure your flight is to your preferred destination: Paris. Or maybe Versailles if you really need gardens so desperately.

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  29. @9:12
    Per your post (below)...I have a different perspective...

    First, I know many restaurant staff who (as someone else noted) are happy to see the sheds go; they are well acquainted with the rats, trash and also difficulty working going back and forth on the sidewalk.

    Second, IMO the expansion of outdoor dining made inequality even more visible. Upscale people get to sit around outside, drink and eat - while the low-wage workers schlep by on the sidewalk delivering ecommerce (rain or shine) or elderly try to navigate the sidewalks to do errands, etc. It is was one thing during the Covid emergency - but no longer.
    NYC cannot just be a playground for the upscale who have the time and money to hang out at outdoor dining.


    "goodbye outdoor dining, goodbye people using streets instead of cars. I’m not advocating for crappy junk but some outdoor venues were great additions to our neighborhood and lives. Our streets have become giant parking lots, in a city already with a million of them—-our lives are better when we reclaim that public space for human use and enjoyment."


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    1. I work in a restaurant that does outdoor dining right. A clean structure, no rats, well maintained.
      We all make more money for it.
      The new program means the current structure will go and a new set up in its place come next April. Fees will be paid, rules will be enforced.
      There is no doubt many venues have been irresponsible with outdoor dining, but now that the rules have tightened up can’t we make y’all happy yet?

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  30. Many use these sheds as a public toilet and a place to shoot up when the restaurant is closed. I am delighted businesses are now required to comply with rules and regulations including payment for the license to operate them properly. 2020 was a long time ago. Considering no restaurants had to pay a fee or complete an application seems like a steal of a deal to me. Many of the commenters clearly have not worked FOH in a restaurant like I and so many others have. I was repulsed by what I witnessed when arriving to work as a waitress only to discover human waste, syringes, used condoms, etc. upon cleaning tables in said sheds. A few owners are responsible and spend good money to keep them safe and clean. But many don't care which is unfortunate when you live in a building overlooking one. At least Mayor Adams did something right with this course of much needed action, which I never thought I could admit publicly.

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  31. i don't understand the car parking vs sheds argument. on ave c most of the restaurants removed their sheds and the city made ave c for delivery stops only and bike lane

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  32. Shame to see the good outdoor structures go down but at least the program is permanent for April-November moving forward so get used to them, entitled NIMBYs

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  33. I would like to see the city enforce this and weed out the deadbeats but more importantly, enforce rules about cleaning sidewalks and sidewalk litter. I’ve seen some action on this recently but for some reason since 2020 commercial real estate seems to have had a holiday from cleaning the sidewalk in front. I’ve seen trash, dead rats, vomit, etc. sit around for days in front of some bad neighbors. Fine them. Dining shed or not, garbage, litter and filth on the sidewalk should not be laying around and stinking for days. I distinctly remember under Bloomberg my building getting weekly DOS tickets for $150 for a cigarette butt on the sidewalk.

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  34. But, why does that parked car — probably someone from out of the area who’s leaving it there for days — need to be there? Let’s put some needed greenery there instead.

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