Image Credit: NYC DOT.

On October 4, 2022, the Appellate Division, First Department ruled in favor of the City in its appeal challenging a February Supreme Court ruling that halted the City’s development of the permanent open restaurants program. (more…)

Mayor Adams assists with the demolition of an abandoned dining shed at the press conference announcing the City’s new enforcement initiative on August 18th. Image Credit: Ed Reed/Mayoral Photography Office.

Multiple lawsuits have challenged both the temporary and proposed permanent open restaurant programs. On August 18, 2022, Mayor Eric Adams announced a new enforcement initiative with multiple city agencies to remove abandoned outdoor dining sheds. The City’s temporary open restaurants program allowed for restaurants to build outdoor shed structures on sidewalks and in roadways to allow for safer outdoor dining during the pandemic. However, some of these structures have been abandoned by restaurants that have now shut down resulting in abandoned structures that have gotten many quality of life and safety complaints. (more…)

The zoning text amendment will allow the operation of sidewalk cafes in areas previously excluded under the zoning text. Image Credit: NYC DOT

City Council still needs to pass legislation establishing the program. On February 24, 2022, the City Council voted to approve the zoning text amendment that will remove geographical restrictions where sidewalk cafes can operate across the city. This vote completes the first step in the creation of a permanent open restaurant program.  (more…)

Roadway dining, like at this restaurant in Bay Ridge, will look like this and move away from enclosed sheds under the proposed permanent open restaurant plan. Image Credit: NYC DOT

Many elected officials raised concerns about DOT’s ability to handle the scale and capacity of a citywide permanent open restaurants program. On February 8, 2022, the City Council Subcommittee on Zoning and Franchises held a joint hearing with the Committee on Consumer and Worker Protection on the proposed permanent open restaurant program. The proposed permanent open restaurant program will replace the temporary program and establish a new streamlined program for the creation, management and enforcement of sidewalk and roadway cafes operated by the Department of Transportation.  As of the writing of this article, 12,133 restaurants and cafes are participating in the temporary open restaurant program, which is set to expire at the end of 2022. For CityLand’s prior coverage of the permanent open restaurants program approval process, click here. (more…)

Image Credit: NYC DOT.

The public engagement process will continue into the new year. On November 18, 2021, the de Blasio administration announced the schedule for the Permanent Open Restaurant Program public engagement process. The proposed permanent open restaurant program will establish a new streamlined program for the creation, management and enforcement of sidewalk and roadway cafes operated by the Department of Transportation. (more…)