The new logo for Dining Out NYC, the city’s new permanent outdoor dining program. Image Credit: New York City Mayor’s Office.

On August 16, 2023, Mayor Eric Adams signed Int. 31-C, establishing a permanent outdoor dining program. The permanent program, now called “Dining Out NYC,” allows for permanent sidewalk dining year-round and roadway dining seasonally from April to November.  (read more…)

Roadway dining will be allowed under the new program but only seasonally. Sidewalk and roadway cafes must have removable furniture and equipment, instead of the dining shed structures that caused much controversy over the past few years. Image Credit: NYC DOT

After a year and a half since the bill was introduced, the Council finally votes to create a permanent outdoor dining program. On August 3, 2023, the City Council voted to approve Int 31-C, which establishes a permanent outdoor dining program. The program will allow sidewalk cafes to operate annually and roadway cafes to operate seasonally, with removable furniture and decor replacing solid dining shed structures. The program follows the temporary outdoor dining program that removed barriers for restaurants to incorporate outdoor sidewalk and roadway dining during the pandemic. The bill was sponsored by Council Member Marjorie Velázquez, Chair of the Committee on Consumer and Worker Protection.   (read 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.  (read 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. (read 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. (read more…)

Image Credit: NYC DOT.

The zoning text amendment now moves on to City Council for approval. On November 15, 2021, the City Planning Commission voted to approve the Permanent Open Restaurants Program zoning text amendment in a special public hearing. The proposed Permanent Open Restaurants program will transfer the control of sidewalk cafes to the Department of Transportation from the Department of Consumer and Worker Protection (formerly Consumer Affairs) and aims to create a more streamlined approval process for sidewalk cafes.  (read more…)