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."
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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.