– Let’s Build a Better Program
Today, April 1st marks the first day restaurants can operate their legal roadway cafés under the Dining Out NYC program, and we wish our participating members great success.
However, far too many restaurants are still stuck in the lengthy licensing process and have not yet received approval to begin setup, creating burdens for these businesses.
Last week, advocating and working with DOT, we were encouraged to see that temporary outdoor dining permits were issued to restaurants and bars whose applications had reached the Comptroller’s Office. This was a positive step forward, but much more must be done.
Still, countless establishments remain in what seems like an endless process. We strongly urge DOT to issue temporary permits to these applicants as well, so they can begin operating, support their staff, and start generating much-needed revenue.
The good news is that Mayor Mamdani, DOT, Speaker Menin, and City Council members agree that Dining Out NYC must be made small-business friendly, but with the prime outdoor dining season upon us, they must make reforms now.
Key Reforms the NYC Hospitality Alliance is Advocating for:
- Year-Round Roadway Dining (Int. 0655): Making roadway dining permanent year-round is critical. Seasonal setups are costly and impractical for many small businesses.
- Restore the Clear Path Standard (Int. 0724): Reinstating the longstanding 8-foot (or 50%) clear path ensures accessibility while preserving seating capacity, revenue, and jobs.
- Cut Red Tape and create universal Temporary Permits: Either remove the burdensome and unnecessary revocable consent requirement or issue temporary permits once DOT and community boards complete their review. Both options will reduce cost, complexity, and reduce the amount of time it takes to begin operating outdoor dining.
- Offer Fee Installments: Flexible payment options would ease financial pressure on small operators. The lump sum payments pose significant financial burdens on restaurants and bars.
- Allow Sidewalk Café Enclosures: Year-round enclosures would help sustain business during colder months and protect jobs.
- And, more reforms…
The NYC Hospitality Alliance will continue working with city leaders to ensure the outdoor dining program reflects the needs of the industry and supports restaurants and bars across all five boroughs. As always, we’ll keep you informed and engaged as this work continues.
Please note, under Local Law 121 of 2023, any business that (1) was approved for roadway dining under the pandemic-era Open Restaurants program, (2) filed with DOT under the new Dining Out NYC program by August 3, 2024, and (3) still has a pending application with DOT under the new program; is permitted to continue operating their roadway cafe this season (just like last season) under the rules of the new program, until DOT acts on the pending application. If you have any questions, we recommend consulting your legal advisor.
