Noted

Over the weekend, workers removed the curbside dining structures that lined Brooklyn Dumpling Shop's St. Mark's Place and First Avenue sides. (H/T MP!)

Several EVG readers had complained about this lengthy setup, seemingly only used as a rest stop for delivery workers.

March 5 marked the first day that food service establishments could start applying online to join the Dining Out NYC program. (Apply here.)

City officials released the new guidelines, "Dining Out NYC," early last month. As previously noted, the significant change 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. 

According to city officials, if restaurants plan to offer diners open-air options, owners must remove and replace their old outdoor dining setups by Aug. 24.

Revel vehicle wipes out Frank's curbside dining structure after hours on 2nd Avenue

A Revel car demolished the curbside dining structure outside Frank on Second Avenue near Fifth Street during a collision that occurred late last night/early this morning. 

The restaurant was not open at the time, and the structure was empty. There weren't any reports of injuries. (Thanks to Stuart Zamsky for the first two photos.)

Police at the scene this morning did not have any further information about the collision and what led to it.

Derek Berg took this photo around 7:45... when the NYPD towed away the Revel, presumably an electric vehicle from the ride-hailing service...

Updated: A Revel spokesperson confirmed the details in this post, but declined to provide any further comment. 

Updated noon:

Photo by Steven...

City unveils the final rules for the permanent outdoor dining program

Workers remove the curbside dining structure from Phebe's on Jan. 27 

The final rules for the city's permanent outdoor dining program, set to launch next month, are now in the books. 

On Friday, city officials released the new guidelines, titled "Dining Out NYC." The significant change: 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. 

According to city officials, if restaurants plan to offer diners open-air options, owners will have to remove their old outdoor dining setups and replace them by the summer. 

Per the city's release announcing "Dining Out NYC" ...

Final program rules include clear design requirements, siting criteria on where outdoor dining setups can be located in relation to other street features, like subway entrances, fire hydrants, and more, and the types of materials that can be used in outdoor setups. They also require that the setups preserve clear sidewalk paths and emergency roadway lanes — including water-filled, rat-resistant protective barriers for roadway setups —– and use easily moveable furniture and coverings. Ultimately, the final rules will create a lighter-weight outdoor dining experience with lines of sight, as compared to the fully enclosed shacks of the temporary COVID-19-era program. 

"This administration has found a way to continue outdoor dining in New York City while prioritizing cleanliness,' said New York City Department of Sanitation Commissioner Jessica Tisch. "Under these rules, New Yorkers will be asking for a table, and the rats will be saying, 'Check, please!'"

 This link has guidelines for roadway and sidewalk dining.

Meanwhile, Kazuka at 107 Avenue A has brought the booths outside for some open-air hookah action here near Seventh Street... 

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Friday's parting shot

Fourth Street Goth Club...

Report: City Council set to vote on a permanent outdoor dining program

Updated 4:15 p.m.

Council reportedly passed the legislation ... and it is now awaiting the signature of Mayor Adams to become official. District 1 City Councilmember Christopher Marte voted no, as the Commercial Observer reported, "on the basis that it would allow bad actors to continue with outdoor dining for years at a time." 

 ----- 

City Council is expected to vote today to make outdoor dining a permanent part of the NYC street landscape. 

Per Gothamist: 

The bill, sponsored by Council Member Marjorie Velázquez with vocal support from Mayor Eric Adams, has gone through multiple revisions since it was first introduced in February of last year, as the Adams administration and Council members have spent more than a year in negotiations for a permanent setup. 

In the latest version, roadway cafes will be allowed from April until the end of November. Sidewalk seating will be authorized for restaurants year-round with the proper permitting, which covers a four-year period. Curb-based roadway seating will require a separate permit spanning the same length of time, with each permit costing $1,050, according to the bill text.

As City & State previously noted, "The establishment of a permanent outdoor dining program has been held up in part by lawsuits, but also by disagreements between City Hall and the Council on what the program should look like."

The most recent lawsuit to end the pandemic-era Open Restaurants program was filed last month. As Streetsblog reported:

The suit, filed in Manhattan Supreme Court, makes many of the plaintiffs' previous arguments about the open restaurant program taking away parking, causing noise and congestion, and allegedly inviting rats to move in (though this has been debunked).

But central to the latest effort to undermine the restaurant industry is the claim that the city itself has deconstructed its own pandemic edicts and, as a result, should do the same with the restaurant program.

Meanwhile, if passed, there's still a lengthy approval process for a restaurant to receive streetside dining status. Take it away, Streetsblog:

Business owners will have to send their petitions for outdoor dining to DOT, the Council, the borough president, and the local community board, the latter of which will have 40 days to give recommendations on whether to approve the applications. 

If the business is in a historic district or adjacent to a landmark, it will also need to get approval from the Landmarks Preservation Commission. 

The Council can review petitions and hold a vote on whether to approve them.

And one question we've heard people ask: If City Council passes this legislation, what does that mean for the outdoor structures that restaurants and cafes set up during the temporary program? According to various published reports, those streeteries that don't comply with the new rules must come down by Nov. 1, 2024.  

Workers remove the curbside dining structure from outside St. Dymphna's

From the EVG tipline late this afternoon... workers were spotted removing the curbside dining structure outside St. Dymphna's at 117 Avenue A between Seventh Street and St. Mark's Place. 

According to the tipster who lives nearby, the bar removed the streetery themselves. 

Meanwhile, a permanent outdoor dining program for NYC is still in limbo. 

As Gothamist reported earlier today: 

Halfway into summer, the City Council is facing pressure once again to pass a bill that would make outdoor dining permanent in New York City, as the latest emergency order that allows restaurants to operate the sidewalk spaces is set to expire next week. 

 Meanwhile... 

But the program’s detractors, in a series of lawsuits, say it invites noise and congestion, and poses unneeded obstacles to New Yorkers with disabilities.

City removes the curbside dining space outside Theatre 80 on St. Mark's Place

This morning, city workers began removing the curbside dining structure from outside the former Theatre 80/William Barnacle Tavern on St. Mark's Place just west of First Avenue. (Thanks to the reader for these photos.) 

On April 7, the Department of Transportation issued a "Termination" notice for the curbside space — just two days after a court-appointed bankruptcy trustee locked the longtime owners out of the premises. 

Several readers-residents previously noted that it seemed cruel to issue the notice so soon after the court-sanctioned removal of owners Lorcan and Genie Otway. It also showed a remarkable steely precision by the DOT, not known for staying on top of the multiple unused or abandoned streeteries around the neighborhood.

The owners of Foxface, current residents and former commercial tenants of the building housing Theatre 80, were reportedly the high bidders for 78-80 St. Mark's Place during its bankruptcy auction on May 9.

Their new venture, Foxface Natural, debuted in May at 189 Avenue A between 11th Street and 12th Street.

Updated: 

Thanks to Steven for this photo...

At 188 Allen St., a curbside dining demolition like no other

Photos by Steven 

Early yesterday morning (6:40!), city crews from the DOT and DSNY joined forces to remove the curbside structure outside 188 Allen St. between Houston and Stanton.

Earlier this month, the DOT issued a termination notice for the space outside the now-closed Cheese Grille. A group of artists and some art fans had hoped the structure could continue on as 188 Allen Street Gallery, an art space that has showcased a variety of artists since last summer (see here and here). It was an outgrowth of the pandemic-era space that Cheese Grille used.

NYC street artist SacSix, who has curated shows here as well as created murals on the storefront, appealed to the DOT in a recent Instagram post, inviting city officials here "to see how small business entrepreneurs can create incredible communities in unique spaces." 

However, the DOT showed its appreciation of the space with chainsaws and crowbars...  

A few pieces were salvaged by artists, some of whom spent the night here ahead of the demolition... 

The removal was accompanied by pianist Kristopher Hull, who performed "A requiem for 188 Allen Chopin nocturne in c-sharp minor"... 

... and later... the return of three parking spots... 

City set once again to remove the curbside structure outside Pinky's Space on 1st Street

The Department of Transportation has issued a Termination notice for the "abandoned" curbside structure outside the now-closed Pinky's Space, 70 E. First St. between First Avenue and Second Avenue. 

The flyer, dated May 31, states that the owners have 24 hours to remove the abandoned structure, or the city will do it and charge the business ... 

... which never reopened after the city tore down its previous outdoor space last October. The removal of that 30-foot-long structure, which had morphed into an assemblage of paintings, furniture and plants, plus a chandelier and disco ball, exacerbated the cafe-art gallery's financial challenges. (More background here.) 

Pinky's closed after the incident to regroup with plans to reopen in early 2023. They also created a less-intricate outdoor space, which has mostly been dismantled in recent months.

In January, owners Mimi Blitz and Wesley Wobles sued the city for $615,000 for the removal "without any warning whatsoever" and "without cause, legal authority or due process," per the lawsuit. (The story was well-covered, including at the Post, 1010 WINS and PIX11.) The city told a different story, as Gothamist reported. 

A for-rent sign arrived on the storefront earlier in the spring. At the time, Wobles said in an email that the landlord would let them return if they made good on the back rent that dates to October.  

Report of a fire in an abandoned curbside dining structure on St. Mark's Place

According to multiple residents this morning (after 8), a man allegedly set fire to the abandoned curbside dining structure outside 102 St. Mark's Place between Avenue A and First Avenue. 

Firefighters immediately extinguished the blaze. It was not immediately known if the man had been living inside the structure ... his whereabouts were also not known after the fire...

Last Wednesday, the Department of Transportation issued a "Termination" notice for this dining structure outside Compilation Coffee, which closed one week after the streetery arrived last November.

Meanwhile, city officials are still debating the future of outdoor dining. Part of a proposed bill "would allow 'streeteries' — aka the dining sheds on the streets — to stay up from April through November each year," NBC New York reported on Friday. 

Reader-submitted photos

City issues curbside dining structure removal to the shuttered Compilation Coffee

Photos by Steven

The Department of Transportation has issued a "Termination" notice for the curbside dining structure outside Compilation Coffee, 102 St. Mark's Place between Avenue A and First Avenue.

The flyer states that the owners have 48 hours to remove the abandoned structure, or the city will do it and charge the business that closed six months ago ...

Compilation, a pour-over coffee spot, closed last November after less than two months in business without any notice to patrons. The curbside dining structure was erected a week before the shutdown.

A for-rent sign now hangs in the front window.

Meanwhile, the status of outdoor dining in NYC remains in flux.

Updated: East Village Pizza removes its curbside dining structure

Photos by William Klayer 

Workers this morning were removing the curbside dining structure on the Ninth Street side of East Village Pizza on the SW corner of First Avenue... the crew was hired by the pizzeria (this was not a city removal)...

Meanwhile, the status of outdoor dining is now in flux. 

As Gothamist reported last week: 

New York City is expected to set a limit on fees for restaurants seeking to participate in its yet-to-be-unveiled outdoor dining program, marking a significant victory for the restaurant industry. 

The plan would place a cap on licensing fees as well as a structure for annual "consent fees," the amount that restaurant owners would need to pay to rent city streets, according to multiple people privy to the discussions. They asked not to be named because they are not authorized to discuss private negotiations. 

 Mayor Eric Adams has pledged to establish a permanent outdoor dining program, promising to address complaints about unsightly and noisy sheds that sprouted when the city allowed free use of the streets and sidewalks as an emergency measure during the COVID-19 pandemic.

Negotiations continue between the city and City Council. Per Gothamist: "Deciding whether roadway dining should run year-round as opposed to seasonally has been another closely watched debate."

Updated: 

And after the structure was removed... like it was never there...

Updated 3:30 p.m. 

Workers also removed the curbside dining structure at Beron Beron on the NE corner of 10th Street and First Avenue (thanks for Steven for this photo)...

Happy trails to the Shake Shack curbside dining structure on 3rd Avenue

Today, Shake Shack had a crew via 1-800-GOT-JUNK? dismantle its lengthy curbside dining structure along Third Avenue between Ninth Street and Canal Street Eighth Street/Astor Place...

City issues curbside dining structure removal to Theatre 80 2 days after its owners were forced from the property

Photos by Stacie Joy 

On Friday, the Department of Transportation issued a "Termination" notice for the curbside dining structure outside Theatre 80/William Barnacle Tavern on St. Mark's Place — just two days after a court-appointed bankruptcy trustee locked the longtime owners out of the premises. 

The flyer states that this is the third Notice to Correct. The owners have 48 hours to remove the structure and the tables and chairs, or the city will do it and charge the business...

Several readers-residents shared the above notice, pointing out that it seemed cruel to issue this two days after the court-sanctioned removal of owners Lorcan and Genie Otway. It also showed a remarkable steely precision by the DOT, not known for staying on top of the multiple unused or abandoned streeteries around the neighborhood.

As previously reported, the Otways have been battling in recent years to save the space, which houses Theatre 80, a 199-seat theater, the William Barnacle Tavern and the Museum of the American Gangster.

The two-building property is set to be sold off to satisfy a $12 million loan that is in default via Maverick Real Estate Partners. As The Real Deal reported: "New York-based Maverick, led by David Aviram, has a reputation for aggressively buying up the troubled debt of real estate landlords — big and small — before raising interest rates to as high as 24%," which happened here.

The Otways have a three-week window to raise the rest of the money owed (some $6 million) ... and hope for an angel investor. 

New York City's Department of Cultural Affairs has also reportedly supported the theater's survival efforts. The office has already expedited granting a tax-exempt 501(c)(3) status to Historic 80 Saint Marks Inc., opening them up to various grants.

More than 7,000 people have signed a petition to save the historical space between First Avenue and Second Avenue.

Updated: There is a GoFundMe here.

McSorley's 'bringing all the energy back inside'

Photos by Steven

The COVID curbside-dining era in McSorley's long history has ended. 

Yesterday, workers removed the outdoor structures at the 169-year-old NYC institution, 15 E. Seventh St. between Second Avenue and Cooper Square. 

"They served their purpose. Now, back to normal and to bringing all the energy back inside the Old Ale House where it belongs and existed peacefully for ages," Gregory de la Haba, the co-owner and operator of McSorley's, told us via an Instagram message. "We're grateful to all our neighbors who tolerated the outdoor seating during COVID's mandates and restrictions." 

The saloon had two equal-sized structures where patrons could sit and drink mugs of light and dark ale or order a burger and fries or the cheese and raw onion plate.

A notice to remove the sidewalk dining room at the now-closed Bait & Hook

Bait & Hook has been dark this year... with no signs of life at the sports bar-"seafood shack." 

Google lists Bait & Hook as "permanently closed." However, there hasn't been an official notice from the restaurant or its social media properties. (Someone did remove the Philadelphia Eagles flag above the front door.)

Meanwhile, this past Thursday, the Department of Transportation posted a removal notice about Bait & Hook's outdoor dining area...

The large sidewalk structure, which looked like a converted mobile home, was one of the more egregious violations of the outdoor dining concepts in the pandemic era...

The place has shuttered before. In January 2020, a "closed for renovation" sign arrived a week before a for lease sign. Then they reopened. 

Bait & Hook debuted in 2012.

Before Bait & Hook, the space was the Meatball Factory, then Hole Foods ... and before that! The Pizza Hut-Nathan's-Arthur Treacher's combo, which vanished in 2010.

City removes curbside dining structure from outside AO Bowl on St. Mark's Place

Reps from the DOT and Department of Sanitation removed the small curbside dining space from outside the shuttered AO Bowl at 82 St. Mark's Place just west of First Avenue. (Thank you @pixelkeg for the pic!) 

The dining structure was nestled between two that are still in use at the Brooklyn Dumpling Shop and William Barnacle Tavern. 

As we recall, there had been a DOT removal notice outside the Japanese health-food cafe, which went dark last summer. Upon closing, ownership put the blame on Sen. Charles Schumer in a parting letter posted to the front door. 

Meanwhile, around the corner on First Avenue, @pixelkeg reports that the owners of MáLà Project removed their curbside dining space yesterday.

City removes the curbside dining space at Eros on 2nd Avenue and 5th Street

This a follow-up to a post from Jan. 15... on Friday morning, the city removed the curbside dining structure from the Fifth Street side of Eros on the NE corner of Second Avenue. (Thank you, Eden, for the tip!) 

On Jan. 10, the Department of Transportation issued a "Termination" notice for the curbside space that ran the length of the Greek restaurant, which hasn't been open in more than five months.

Meanwhile, the indoor space remains dark. 

Eros took over for the diner the Kitchen Sink in September 2021 (same owners) ... management previously changed names from Moonstruck to the Kitchen Sink in the fall of 2015. 

The Eros website still notes that this location is "closed for renovations. Reopening TBA." We had not seen anyone inside the space since the restaurant closed in August. The "temporarily closed" sign is still on the front entrance.

City issues removal notice for the curbside dining structure at the currently-closed Eros

Photos by Steven

An item from earlier this week... Eros, the Greek restaurant on the NE corner of Fifth Street and Second Avenue, is entering its fifth month of what is billed as a temporary closure. 

Meanwhile, the Department of Transportation has noticed... and issued a "Termination" notice for the restaurant's lengthy curbside dining structure...

The DOT notice is dated Tuesday (Jan. 10). Eros had 24 hours to remove it from the Fifth Street side before the city did ... (it remains in place as of this morning, Jan. 15) ... 

We previously spotted a letter here from the DOT dated Sept. 6 requesting that ownership correct some deficiencies in the curbside dining structure.

Eros took over for the diner the Kitchen Sink in September 2021 (same owners) ... management previously changed names from Moonstruck to the Kitchen Sink in the fall of 2015. 

The Eros website still notes that this location is "closed for renovations. Reopening TBA." We had not seen anyone inside the space since the restaurant went dark in August.