NEW YORK (1010 WINS/WCBS 880) – City officials finalized the rules for New York City's permanent outdoor dining program on Friday, providing guidance for restaurant owners to set up new outdoor dining areas before the program starts in March.
Mayor Eric Adams, Department of Transportation (DOT) Commissioner Ydanis Rodriguez, and Chief Public Realm Officer Ya-Ting Liu released the final rules for the city's permanent outdoor dining program, "Dining Out NYC."
The city's Public Realm Officer Yao Tian Li said the new dining set ups will need to be made with lightweight movable furniture and rat-resistant protective barriers.
"We want restaurants to apply," Li said during a press conference on Friday. "So we're going to be doing a lot of outreach sessions, webinars and going door to door."
She said the new program will provide a more suitable and accessible fee structure than in the past with rates varying by location to bring more restaurants under the umbrella, so to speak.
"I think people vote with their feet every time it's warm out."
The new program, drawing on lessons from the temporary setups during COVID-19 that saved 100,000 jobs, addressed past issues with unregulated spaces, according to the release.
The rules specify design requirements, location criteria to avoid blocking subway entrances and fire hydrants, and approved materials. Outdoor dining must not obstruct sidewalks or emergency lanes and should use rat-resistant barriers, movable furniture, and coverings.
Before 2020, New York City allowed outdoor dining only on sidewalks, mainly in Manhattan. The new program will allow outdoor dining citywide, year-round on sidewalks, and on roadways from April 1 to Nov. 29.
"Between Dining Out NYC, our campaign to get trash bags off of New York City streets, our efforts to remove scaffolding that has been up for far too long, and the hundreds of millions we're investing in public realm projects across the city, we're fundamentally transforming what it feels like to be outside in New York," Adams said.
Fees will vary by location and the size of the setup, as defined by local law, and will be much lower than those of the previous sidewalk café program, according to the release. Before the pandemic, sidewalk cafés in Manhattan below 96th Street paid $40 per square foot, and other areas paid $30. Now, fees will be reduced citywide, with discounts for cafés outside of Manhattan and those above 125th Street.
In March, DOT will launch an online application portal where restaurants can apply to participate in the new program.
"As we build the largest outdoor dining program in the country from the ground-up, we must center our efforts in equity to make sure every New Yorker in every borough and every neighborhood has the opportunity to enjoy our city," Adams said.
