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.

79 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.
This is Bull💩!! Bad enough we’ve been losing streets to Citi bikes! Now we have to contend with these dining sheds again?? Gonna be filled with rats during the slow months and how’s it fair to businesses that have bus stops or fire hydrants in front of them?? Put this on the ballot and let the public decide!!
F U city council!!
I never signed up for this "permanent outdoor dining" thing—and don't tell me to move to Dubuque if I don't like it!
People can get take-out and delivery if they want the "picnic" experience!
This is horrible. People have an issue with cars parking at metered spaces, but no problem with these sheds blocking an entire side of an avenue?? The one thing I personally can promise is that I will NOT be patronizing any restaurant that defiles the city-scape this way.
This is just a flat-out money-grab on the part of greedy restaurant operators, and IMO, a new form of civic corruption.
The State knows what's better for you than you do. They also know where their bread is buttered. Pun intended. Get used to it.
FANTASTIC news! Love outdoor dining and now that restaurants don't have to pay to put them up and take them down every year, they can make them more durable and more decorative, and the costs won't lock out smaller restaurants/bars. HUGE win for the city!
Politicians have turned into the enemy of the people. We would do better if we had Anthropic's Claude representing us.
This is nonsense. They should not allow restaurants to displace parking spaces they can make more money. Part of this deal should be that the restaurant owners who partake in this bullshit program should have to do x amount of hours of community service every week.
Never liked dining at these outdoor spaces in the winter, one side of my body is very cold (from the winter) and the other side is very hot from the heater some places use.
Haha, all the parking-fixated boomers are out in force! Guess what, outdoor dining, trash containers, sidewalk expansion, and bike lanes are all preferable to storage for your own personal property. Maybe instead of whining about restaurants using the space to improve public life complain about all the wasted money not having street parking listed at market value.
We're not "losing" anything. Space that was disproportionately given for free to drivers is now being more equitably distributed among people. Whine all you like about losing your precious parking spots, we're moving forward as a city.
Judging by how busy these tend to get, I assure you you won't be missed. Most people that love to complain about losing parking spots are usually old people that don't frequent East Village hotspots in any case.
Brilliant news! More amenities for the public, more trash containers and citi bikes and outdoor dining tables please, and fewer parking places for a minority of privileged drivers who are no longer suited to city life and are better off moving to the suburbs.
Serious question: I live in a coop. If the coop board allowed, could I build an outdoor shed and work there year ‘round ? It would be much cheaper fan actually have to for an office. Why do only bars & restaurants get free space ?
This will displace other types of businesses as landlords will now increase the rent.
perhaps you would like to ask all those commenting if they own cars. I suspect none. The prejudicial stereotyping is offensive. Please state your views more kindly.
NPR conducted a segment on Monday with a city councilman from Brooklyn, who was literally over the moon in discussing how he was instrumental in getting this passed. He saId it was a win win for everyone, yet failed to broach the topic of how this directly impacts fellow neighbours such as myself who either live in a building with one of these in front or nearby where loud noise from obnoxious customers lacking social and spacial awareness continues into the early morning. Clearly, he never worked a day in the NYC restaurant industry. So infuriating to listen to while feeling powerless.
Those monstrosities are unhygienic eyesores. What even pisses me off more, is already the lack of sidewalk space for others to walk by. Now, there will be less space. And please don't reprimand my response in the comments by suggesting I either shut up, move to the suburbs or relocate to Staten Island or invest in noise cancelling earbuds. Spare me.
I am a law abiding, tax paying, long term professional and resident of 7th street. This is about money and power. Once again, the needs and concerns of residents are ignored while the needs and concerns of restaurants and bars supersede everything else. Capitalism rules I reckon. Utter rubbish mates!
The resident that are impacted by shacks outside their windows are not complaining about lost parking spaces. Most don't own cars. Stop trying to take over legitimate concerns with your anti-car, pro-hospitality, ageist BS you paid lobbyist trolls!!
Bad news for the neighborhood. Everyone likes eating outside when the weather is nice. But this is a license to create permanent rat hotels, clogging up the block so we can't even plow the streets properly. The city should allow tables and chairs to be set out, weather permitting and outside of hours for street cleaning and plowing after snowstorms. No permanent structures. Period. Let's be realistic for once.
I'd say many commenters aren't boomers, but are in fact late Gen X'rs, such as myself, w/o cars, who are just trying to survive and make sense of this chaos while trying to enjoy our lives when coming home after a long day. I am not jubilant about more noise, rats, more litter, loud college kids, bridge and tunnel etc, 365 days a year. Many of us as you can see are angry with local and state bureaucracy failing us at what feels like every step of the way. No one cares. No one is listening to us.
Great news, though I do wonder how snow plows will navigate with these
They look far better than cars and many are actually pretty. Streets have looked far worse with them gone.
I think you'd be shocked at the result if put to a vote.
This has nothing to do with parking, no matter HOW many times you say it.
They all did. I received a canned answer from my rep about how it benefits not just the restaurants, but brings traffic to other neighborhood businesses. Notice not a word about noise or QOL decline. All about the bucks…
This is just more nonsense. Manhattan is a tiny space that is overcrowded and overpopulated. These dining sheds, like bike lanes and bike racks were not well planned out. The local politicians that make these poor decisions are blinded by money. And like a few people commented, this has nothing to do with cars or people who own cars. The local residents always have to take the brunt of all the unruly noise and litter from people who do not live here for the most part. Put these sheds outside the homes of the restaurant owners and outside the homes of the politicians who ok this nonsense. And why do we not have these issues on our ballots so we the locals can vote on these issues.
I assume that was Lincoln Restler ?
I don’t know why people assume this is about parking spaces. I don’t own a car and absolutely hate this. I’ve likely lived in this neighborhood before most of you were born and I’m not going anywhere. In some neighborhoods, this may be fine. I’ve been to some areas of Brooklyn and uptown where it looked welcoming and some quiet. Downtown, it’s all about our and one place next after another after another.
Have you actually seen the new trash containers? They’re absolutely hideous.
This is terrible news my heart sunk when i saw this the other day we're screwed if you live near these sheds your quality of life is gone though landlords don't care they get to up the rent every time someone moves out because of the noise they thought they could deal with
This isn't about parking or cars or free use of city land the restaurants are going to pay for the use of the streets) hopefully locally the CB will put some stop gaps on how many and where etc..other wise this is total obliteration of the quality of life for a lot of people including some of those who think its a great idea ( its not )
"Your romantic idea of what New York is my what's annoying about it"
Yes!!! I actually emailed him about it. He voted yes.
Most people don’t make that assumption. I need not repeat why most people hate the sheds. The restaurants love them because of the money. The anti-car crowd loves them because they take parking spots. For them, it’s ALL about parking.
cmarrtyy, how do you know that isn't the plan?
They need to properly pedestrianize more streets, rather than having these dirty sheds year round.
As Mayor Bloomberg once said, "60 million tourists a year can't be wrong." I live on a block with a successful restaurant which, several years ago, turned our public sidewalk into a dining room with tables flanking both sides, so that one has to dodge waiters, busboys and managers just to get down the block. They have two outdoor seating platforms (aka rat hotels) located in the street taking up what were formerly metered parking spaces, spaces which had been frequently in use from residents and building maintenance workers alike. The smokestack from this particular spot’s meat-grilling operation discharges funky smells all day until the wee hours, mere feet from my neighbors' windows, which has been driving them literally crazy forever. You’d think a thriving, successful business like this occasionally would recognize, it’s the neighbors’ tolerating them which has made the whole thing possible. But like so many businesses today they evince no care for their neighbors nor sense of responsibility for the public good. In the old days, a successful business would celebrate and say thank-you to the neighborhood with a block party or other such public or semi-public event featuring free food and music. That's mostly a thing of the past. Today it's just about making money, and, apparently, letting the anti-parking/pro-bike-lane lobby do the dirty work of attempting to justify takeover and conversion of what had been shared public space to private, for-profit use.
Just when we were seeing a decline in the rat population, the city once again favors the private takeover of our shared public spaces.
Legislation should have been placed on a ballot in the autumn for the voters to determine what happens moving forward. Clearly, many commenters on this thread are concerned and infuriated as they should be. It will diminish the quality of life for many of us. We already pay a shit ton of money to live in our tiny, over priced apartments. Now this?
I filed a 311 complaint about non complaint, code violations on the construction of some sheds. The reponnse I received after a supposed inspection was there was nothing wrong.... obviously the inspection was never done, That will definitely be the answer going forward, no matter what the violation is. You can make as many rules as you want. If you don't have the personal to carry them out USELESS.
Sure, who cares about street cleaning, snow plowing, rodent control as long as it's more convenient for the restaurants. Bring on the risky jerry-rigged electrical work in the summer and those heavily polluting fire risks that pass for a heating source in the winter (which are banned in Paris, for those of you who are fond of comparing these outdoor sheds to Parisian dining).
It’s telling that the Council did not provide any forum for public comment before passing this.
Remember this when Harvey is up for reelection! Totally sold us out- I emailed him specifically about the possibility of limiting the number of sheds that can be opened on a block and he said and I quote" DOT denied" Right- I'm sure it was DOT....also called money from the restaurant lobby by another name. So disappointed in him and this law. Just want to be able to walk down the block without having to dodge patrons, waiters, etc and yes I am old- does that mean I don't count? Lived here for nearly 50 years- so don't tell me its time to move.
They never learn. A small group of 3% is slowed to run rough shod over everyone else. Be prepared for more rats, more garbage, more noise, more pollution as drivers circle the block endlessly looking for a rare parking spot, and more homeless illegals begging and scamming residents and tourists.
Anyone hear of any possible lawsuits? Maybe there at least would be a hold until it is heard?
People are losing their minds over this. I don't blame them. Shady AF business tactics from our city council as always. Where does Mamdani stand on this pressing issue?
They was a public meeting on March 3... we posted all the info about it the day before (when we first learned of it)
how did this sneak past us all?
It was sneaked it with little notice to throw the opposition off guard
Yes, Harvey replied to me saying " I'll see what I can do. " BS!
He is in favor, naturally. Don't think he has signed off yet. That said it seems the council has a super majority in favor to override a veto
Sol Adams, you seem to think car parking in a metered spot is cheap. You evidently have never looked at a meter to see just how much it costs to park a car for an hour or two. NYC makes a ton of money from parking meters - and when the car leaves the spot, it hasn't destroyed the quality of life for everyone living nearby - which is exactly what the dining sheds ARE doing.
Well said! I agree with you 100%.
Over 75 million people voted for Trump in 2024 so yes, 60 million people can be wrong. I do wish Bloomberg was still mayor however.
The usual way. They walked into an empty room and asked for a show of hands.
I heard he was interested in something to do with dogs. What I don't know... Then I saw him on TV talking about legislation to protect birds. What Harvey should realize is that dogs and cats don't vote. We do. And We are not happy with him. He didn't say anything about the shelter on 3rd. He didn't stand up for the community. He stood up for the Dem. Party and the real estate industry.
Brian, you really need to have your eyes checked if you think those sheds are "pretty"!! What they truly are is awful; NYC increasingly looks like some 10th rate location in Dumb & Boring Land.
Such BS. Perhaps the residents of our community should revolt with a march around the streets to have our voices finally heard.
As a person who doesn't drive and doesn't have a car, I'm still dismayed that the shacks were approved. I don't even think their social value outweighs the psychological value of open space—and yes, I would love to hear of possible lawsuits being brought!
"equitable distribution" is the buzz word of our political future
I don't own a car. But I know there's nothing free about it. You have to move it twice a week, so streets can be cleaned & revenue generating if you don't. You have to register it, also revenue generating. And you have to get it inspected ever year, more revenue.
The force is strong with the NYC Dept. of Transportation Alternatives and the Restaurant Lobby
Good. Better outdoor seating than parking spaces for large chunks of metal.
Boycott any establishment with sheds. Let them know it. Call up to make a reservation, ask if they have outdoor seating, and if the answer is yes, tell them to forget it.
This won't be the free-for-all like it was in 2020. It is pretty expensive for the fees. I talked with a few of my favorite places and they said it's not worth the extra money or hassle to do.
Large, QUIET chunks of metal!
Yeah that's what I anticipate too. During covid it was a necessity, now not so much. Could see a couple more go up but for most, if they wanted the space they'd already be doing it.
But it’s fine if there’s a bunch of cars parked there?
Wow.
Not aware of this legislation and did not see any notification from City Council.
1.This is a major land use issue and environmental issue - do not understand how City Council can just enact without environmental assessment, resident weigh-in etc? This is like what Republicans do!
2. Why do restaurants get priority? NYC is not giving space to retail and local businesses. NYC keeps helping restaurants but does nothing for retail. Completely unfair as stores are really suffering, more than restaurants.
3. Am against this for so many reasons…one not often mentioned- that pedestrians deserve to be able to see the street!
Sol Adams:
Nope not the “Boomers” who have cars.
Actually so many don’t realize how many workers are parking - for example head maintenance person where I work drives in from Rockland County with no public transit.
BTW I don’t know how to drive (authentic NYC - not transplant)
For what it is worth Restler is from a very affluent family, parents have homes outside of NYC and cars. This is public info
"Call up to make a reservation"? Uh, have you actually made a restaurant reservation lately? The majority of them are done online via services like Resy. Most places don't accept them over the phone.
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