NYC outlines draft rules for outdoor dining program

New York City has outlined draft rules for its new outdoor dining regime, launching a public comment period and putting the program on track for a spring 2024 rollout.

The rules, which were expected to be published in the City Record on Thursday morning, build on the outdoor dining plan passed by the City Council and signed by Mayor Adams in August.

Permitted New York City restaurants can serve food in sidewalk seating year-round, and on city roads for eight months starting April 1 and lasting until Nov. 29, according to the new law.

The newly proposed rules for the program, which were created by the city Transportation Department, will be under review in a 30-day public comment period ahead of a public hearing, according to Adams’ office.

Under the proposed rules, street dining cafés cannot be fully enclosed, must be accessible for disabled New Yorkers and meet certain dimension parameters, based on their location.

Roadbed structures cannot be longer than 40 feet or wider than 8 feet, under the draft rules.

Roadbed structures — which the city permitted for free during COVID — have drawn rats, annexed space where cars once parked and forced waiters to wrestle with bike traffic. But they also saved restaurants during the pandemic.

The new program has been cast as a compromise to boost restaurants’ business and preserve popular outdoor dining that flourished during COVID while limiting the presence of unsightly and disruptive sheds.

A four-year license for sidewalk seating would cost $1,050. Roadbed seating fees would vary by location.

The restaurant industry has hailed the new program.

“We’re super-excited,” said Jeff Garcia, president of the New York State Latino Restaurant Bar & Lounge Association.