Today, the City Council's Committee on Consumer and Worker Protection is holding its only hearing on several outdoor-dining bills that, taken together, could significantly expand where and how restaurants, bars, and even grocery stores use public space.
Under the current rules — adopted in 2023 and launched this spring — roadway dining is seasonal, allowed only April 1 to Nov. 29, while sidewalk setups may operate year-round.
Roadway structures must be open-air, portable and simple to assemble and dismantle.
Earlier this year, DOT estimated roughly 600 roadway dining applicants and 2,000 sidewalk applicants would operate under the new program.
Back on Oct. 9, Council Member Lincoln Restler, whose district includes Greenpoint, Northside Williamsburg, South Williamsburg, Brooklyn Heights and Downtown Brooklyn, introduced Intro. 1421, sweeping legislation that would restore year-round outdoor dining, undoing the seasonal limit now approaching its first shutdown.
The bill would also:
• Eliminate seasonal restrictions on roadway cafés
• Allow grocery stores to apply for sidewalk café licenses
• Permit certain restaurants to extend café frontage with adjacent-owner approval
• Scale back several provisions of Dining Out NYC
Co-sponsors include Council Members Julie Menin, Chi Ossé, Shahana Hanif, Shekar Krishnan, Keith Powers, Crystal Hudson, and Brooklyn Borough President Antonio Reynoso.
Resident groups raise alarms over sidewalk space and timing
A neighborhood block association (BA) tells EVG via email that the outdoor dining bills — placed on a crowded pre-Thanksgiving agenda — were scheduled with minimal notice, reducing the window for public input.
"This is called 'burying a bill,'" said the BA, noting that each bill receives only one hearing, making today the sole opportunity to testify.
Among the items on today's agenda (the meeting starts at 10 a.m. at 250 Broadway, 8th floor):
• Intro 1441-2025 — would make roadway dining year-round, allow restaurants to occupy more than their frontage on either the roadway or the sidewalk and allow grocery stores to occupy sidewalk space in front of their business
• Intro 1444-2025 — would cap the pedestrian clear path at eight feet, regardless of sidewalk width
• Intro 1446-2025 — would establish a DOT walk-in office to help restaurants with outdoor dining applications
The group argues that on wider sidewalks, an eight-foot clear path could leave more than 17 feet for café seating, raising concerns about pedestrian flow, accessibility and emergency access.
One concerned EV resident told us, "So much for the existing compromise plan that hasn't even been happening for a year, and clearly a push to get this through before a new mayor and new City Council gets seated."
Anyone wishing to testify in person or via Zoom can register at council.nyc.gov/testify (choose Committee on Consumer and Worker Protection). Written testimony may be submitted up to 72 hours after adjournment.
Open Plans supports expansion
The new plans have a supporter in Sara Lind, co-executive director of Open Plans, who supports greater flexibility for businesses.
In response to CM Restler's Oct. 9 introduction of the draft legislation on New York's outdoor dining program, Lind released the following statement:
"Over the last five years, New Yorkers have demonstrated that their appetite for outdoor dining is too large to be satisfied by existing regulations. So going forward, improving, strengthening, and lengthening the program is one of the best ways to make our streets welcoming to people, not just cars. The legislation introduced today is a major, much-needed step toward restoring both the scale and year-round schedule of the original program, while preserving key reforms that have helped address prior issues that arose. By restoring year-round outdoor dining and simplifying the process for restaurants, the City Council is making it possible for more businesses to succeed and creating more time and more ways for New Yorkers to enjoy public spaces."
Meanwhile, on Saturday, we saw one local business removing its curbside space... here at Bibi Wine Bar on Fourth Street between Avenue A and Avenue B...
8 comments:
Please, NOOOOO!
This is not a well thought out bill.
I've already seen the problems contractors encounter when tasked with repairing or resurfacing city streets. In other words, they can't. They have to go around the structures. It makes no sense to ever resurface again since public spaces are being privatized.
Also, the amount of trash, rats, homeless , etc that frequented these structures had been significantly decreased since the post covid removals. How about when business fold, leaving abandoned structures for years.
Let's also talk about how insanely difficult it is to walk past, through and around these places when the sidewalks are jammed with pedestrians, delivery bikes waiting for orders, street vendors and restaurant patrons/staff all clogging the space available to get by.
Don't forget all the regular trucks making daily deliveries along with the Amazon folks who take up large swaths of space to perform their jobs.
I just don't understand why anyone would need year round street access. Life was fine when there were just sidewalk tables. No issues other than noise. Now, it seems as though a lack of common sense seem to rein supreme, all to benefit the few who scream the loudest and stand to gain the most.
The bill should be just for the summer months. Seriously, what is wrong with that?
Here we go again! A return to rat infestation, noise under on windows and the privatization of share public space. Keith Powers, I wish I had not just voted for you!!!!
The hospitality business along with the real estate industry think they run the city because of the donations they make to the Dems and Repubs. They frame their demand for outdoor dining as good for the city... the residents and the economy. But there's already a solution... sidewalk cafes. Restaurants have had the options for years and still do. The idea of putting cafes in the streets is unnecessary and expensive... and a threat to the health and safety
of New Yorkers.
our city is already over-congested and over-populated, and only getting worse as the rich greedy developers continue building more tall ugly structures. a better idea would be to allow outdoor dining sheds outside of the restaurant owners’ homes. let them experience the wonderful rats and garbage and drunken fools
Lincoln Restler is even worse than Carlina was. If they’re going to approve then they should at least charge a premium to use public space. They also use the argument that it creates jobs, but these are not good jobs. In most cases, below minimum wage plus tips. As such, they don’t pay taxes so it only benefits the owners. Why doesn’t Andrew Rigie advocate to pay workers in the hospitality industry a liveable wage, with paid vacation, matching 401k and health insurance ?
Street seating is dangerous (our public space) and limiting for parking as it is. please write a letter — and tell all you know to send letters critical of these proposals.
asap! otherwise we will have year round, extended outdoor dining — sidewalk and street!
send testimony to: testimony@council.nyc.gov and put Committee on Consumer and Worker Protection 11.24.25 hearing in the subject line.
https://evgrieve.com/2025/11/city-council-weighs-big-roadway-dining.html
I like the new sheds. Much better than just giving the space away to private car owners.
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