The New York City Council is set to begin drafting an ordinance that would allow outdoor dining to operate 24/7 again. Council Speaker Julie Menin announced on the 4th, “We plan to begin working in earnest on a plan to completely revise the current regulations so that outdoor restaurants can operate 365 days a year, just like they did during the COVID-19 pandemic.”
To this end, Councilmember Menin plans to re-introduce and pass the so-called “Expanding Access to Outdoor Dining” ordinance (Int. 1421), which was already introduced by Councilmember Lincoln Resler (Democrat) in October of last year. The ordinance has already passed public hearings with the Consumer Protection Committee and the Transportation and Infrastructure Committee but has not been brought to a vote due to the end of the session.
This ordinance includes a provision to remove the “seasonal restrictions” on “Roadway Cafes,” which are outdoor dining establishments installed along the roadside. Under current regulations, Roadway Cafes, unlike Sidewalk Cafes installed on pedestrian roads that can operate 24/7, can only operate for eight months (10 a.m. to midnight) from April 1 to November 29 each year, and must be removed during the four-month winter season from November 30 to March 31. The new ordinance also includes a provision that allows general grocery stores to apply for Sidewalk Cafe licenses, which is currently only available to restaurants.
The analysis is that the reason Council Member Menin is pushing for this year-round outdoor dining policy again is because of the sharp decline in outdoor dining. According to data from the City Transportation Department, the number of outdoor dining establishments peaked at 12,000 during the pandemic and then stabilized at 6,000 to 8,000. However, since the first regulation was implemented last year, the number of Roadway Cafes has decreased significantly to 849 and Sidewalk Cafes 1,973.
Councilmember Menin added, “If outdoor dining is allowed to operate 24/7, it will not only reduce job losses but also provide substantial support for the survival of small businesses like restaurants.” New York City Mayor Zoran Mamdani also said immediately after winning last year’s election that he supports outdoor dining, saying, “We support outdoor dining all year round.”
If the related ordinance passes this year, it is expected to be implemented without delay. Meanwhile, New York City’s outdoor dining program was created as an emergency measure to help restaurants facing closure during the COVID-19 pandemic, and it operated 24/7 without cost. However, with the end of COVID-19, the temporary program was modified with the introduction of licensing fees and seasonal restrictions requiring temporary winter closures.
