EVG file photo
City Council voted last week to allow restaurants to operate roadway dining setups year-round, changing the rules of the city's permanent Dining Out NYC program.
Under the current system, sidewalk cafes may operate year-round. At the same time, roadway setups are permitted from April 1 through Nov. 29. Restaurants must dismantle and store the roadway structures during the winter months.
The legislation approved on Aug. 13 eliminates that seasonal restriction and creates a year-round roadway dining license. It also allows restaurants to use approved weatherproofing and winterizing materials.
According to the Department of Transportation, applications for year-round roadway dining will open in early September. New applicants can select either a seasonal or year-round roadway license, with the year-round option carrying additional fees.
Restaurants already participating in the program will be able to upgrade their licenses or pending applications by paying an additional fee.
Officials say the change does not bring back the largely unregulated outdoor dining structures that proliferated during the pandemic. Roadway cafes will continue to be subject to the design, siting and licensing requirements of Dining Out NYC, as well as an 11 p.m. closing time.
City Council said 1,649 restaurants currently hold fully issued outdoor dining licenses citywide.
Supporters of year-round roadway dining have argued that requiring restaurants to dismantle and store their structures every winter adds costs and discourages participation in the program. Critics of roadway dining have raised concerns about the loss of parking and curb space, sanitation, noise and the proliferation of structures on city streets.
DOT says more information about the year-round program and the application process will be available ahead of the September launch.

10 comments:
I'm calling Shenanigans - this is BS, we have to put up with this forever now? Not good
LIVID!!!!!
This is BS. No other industry gets free handouts like the hospitality industry.. They should have to pay the same amount per square footage as their lease is for inside as a tax. Of course, all restaurants want this. It’s free money.
Once again, our politicians cater to whoever donates the most to their campaign.
This is very upsetting. There needs to be a limit on how many outdoor spaces can be in a row. There are some areas where the entire block has sheds down the street and there’s no room for the fire department to directly access the building easily.
This is ridiculous. All tables and chairs should be brought into the premises at the end of the day and brought out again in the morning.
In some neighborhoods this is fine, but not in areas that are primarily residential.
Did Harvey vote for this ?
Remember all the snow last winter? They have ignored the ploughing problem. They have ignored the quality of life problem for the residents that live next to these party shacks. They have ignored the unfair advantage this gives bars and restaurants over other small businesses vital to residents. Landlords of ground level spaces will be able to charge higher rents which will drive out non-food and beverage small businesses. The bill that was passed requiring these shacks to be kept clean and rat free is window dressing. With no additional money and staff for inspections and enforcement, that is not going to be any better than before. Rats, noise, filth, overcrowded sidewalks, blocked emergency services, reduced street cleaning and snow removal, and ugly shacks. That is what our Mayor and City Council have now given the East Village year round after accepting large political donations to make it happen.
There needs to be a noise enforcement agency that can revoke habitual offenders licenses that isn’t named DOT or NYPD.
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