Deadline approaching for NYC restaurants to remove outdoor dining sheds for winter

NEW YORK — Nov. 29 is the last day for New York City restaurants to remove roadway dining sheds, which will now be seasonal under new regulations set by the City Council.

According to the new Dining Out NYC program, eligible sidewalk dining can stay, but permanent roadway sheds must go. Street dining will be allowed from April through November, but only as lightweight, portable, open-air structures.

NYC officials say new regulations will address quality-of-life issues

The mayor’s office estimates that at the height of the pandemic, temporary outdoor dining served millions of New Yorkers and saved 100,000 jobs.

A spokesperson for the City Council said:

“The permanent outdoor dining program strikes the right balance for restaurants, neighborhoods, and New Yorkers to continue dining outside under a system where laws now apply and there is no pandemic-related state of emergency. The goal of the temporary emergency program was to act quickly during a pandemic to save restaurants that could not operate at full capacity indoors by removing most legal limitations, but the City now has a new program under law that allows for roadway cafes and expands eligibility for sidewalk cafes that didn’t permanently exist before COVID. This new permanent program created more uniform regulations, expands the areas where participation in the program is allowed, and made the fees cheaper than the version that existed under law before the emergency pandemic program, which did not allow roadway dining and practically existed only in Manhattan with approximately 1,400 restaurants maintaining sidewalk cafes. Like any law, the implementation and rules set by the relevant agency are significant factors in its success. In this case, DOT has determined many of the specifics regarding the application process and regulations on structures. The Council’s view remains constant that the agency tasked with implementing outdoor dining must be able to effectively work with our city’s restaurants in order for this program to be successful.”

Weighing public concerns over parking, noise, and rats, the city’s Department of Transportation will handle implementation. DOT encourages restaurant owners to seek resources on the Dining Out NYC website.

In a statement, DOT said:

“NYC DOT strives to make it as easy as possible to participate in Dining Out NYC by connecting restaurants to a range of resources to help them take part and working to significantly reduce costs from the pre-pandemic outdoor dining program. Thousands of restaurants have already applied, and we look forward to continuing to grow the program through the first full season.”

“We heard from the community. We know that communities say, ‘We support this program, but you, New York City, take care of the quality of life,'” DOT Commissioner Ydanis Rodriguez said.

The DOT says restaurants failing to comply by Nov. 29 could face fines up to $1,000 per violation.

“I lost 50 percent of my restaurant overnight”

At Nick’s Bistro in Forest Hills, there’s little excitement for the change.

“I lost 50 percent of my restaurant overnight,” operations manager Tom Avallone said. 

Avalone says the comprehensive shed at Nick’s Bistro was a long-term investment.

“In the wintertime, we had heating elements in there. We had sliding windows to open and close. We put partitions up,” he said.

He says some regulars with health concerns still prefer to eat outdoors.

“Now, it’s gone,” he said.

He says it’s a crushing blow ahead of the holidays. He fears the limited revenue will force him to lay off loyal staff.

“I feel hurt, and I feel sorrow, a lot of sorrow,” he said.

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