Restaurants across New York City will soon be allowed to offer outdoor dining on the sidewalk year-round and in the roadway from April to November.
“Outdoor dining is here to stay, New York,” said New York City Mayor Eric Adams. “New Yorkers were hungry for a cleaner, safer, healthier outdoor dining program, and we are delivering for them with Dining Out NYC."
On Aug. 16, Adams signed Intro. 31-C - Dining Out NYC, which permanently expands outdoor dining to all five boroughs.
The new Dining Out NYC program will be the largest outdoor dining program in the nation. It aims to create vibrant public spaces that improve quality of life and continue to accelerate the city’s economic recovery.
“Outdoor dining helped revive our local restaurants during the COVID pandemic,” said Brooklyn Borough President Antonio Reynoso. “When I sponsored the first iteration of the outdoor dining bill in 2020, New York City looked very different. Our restaurants were struggling to make ends meet and our neighbors were dealing with the devastation of a public health crisis that claimed the lives of tens of thousands of New Yorkers. Now, years later, it’s incredible to see the bill permanently changing how we think about our largest public space: our streets.”
For the new program, the Department of Transportation and its partner agencies are developing proposed rules that will establish design requirements, which is expected to include: sitting, material, operational requirements, sanitation and accessibility.
Under the new rules, it is anticipated that the city will no longer allow fully enclosed structures. Outdoor dining setups will be required to be open-air and easier to move or break down.
The DOT-created rules will enter public review this fall and are expected to be finalized by 2024.
“Outdoor dining has made our streets more welcoming, vibrant, and joyful public spaces, and it is here to stay. Dining Out NYC builds upon the success of the temporary program and makes improvements that will be enjoyed by all New Yorkers,” said DOT Commissioner Ydanis Rodriguez.
Once the details of the program are established, an online application portal will be launched where restaurants can begin applying for the permanent program.
According to officials, the new program will create an equitable, accessible fee structure for participating restaurants, with rates varying by location and setup size.
Dining Out NYC builds on a temporary program that was established during the pandemic that saved 100,000 jobs across the city.
“The temporary open restaurants program saved 100,000 jobs and kept our neighborhoods vibrant — but too many abandoned sheds attracted rats and detracted from the beauty of our city. Dining Out NYC locks in the best parts of outdoor dining and gets rid of the worst — for restaurants, for communities, and for diners alike. We’re going to bring New Yorkers the largest, best outdoor dining program in the country,” Adams said.
Currently there are approximately 3,200 Brooklyn restaurants operating outdoor dining under the temporary program.
Restaurants actively participating in the temporary program will be allowed to continue operating with existing setups through the remainder of 2023 and throughout their application process.
Once approved through the permanent program, the restaurant’s setup will need to comply with the permanent program’s design requirements within 30 days of their application approval.
Officials anticipate the first approved Dining Out NYC setups will be on the street in spring 2024.
The signing of Intro. 31-C - Dining Out NYC represents a major legislative accomplishment for the Adams administration. Adams championed the bill as a top priority in his 'Working People’s Agenda' in January 2023.
The bill was sponsored by New York City Councilmember Marjorie Velázquez and involved more than a year of negotiations between administration and city council. Input was also provided by the restaurant industry and local communities.
“New York City has always been a ‘foodie town,’ and it was amazing to see how the food and restaurant industry stepped up during the pandemic, on the frontline propping up our local economy during dark times,” said Velázquez, chair of the committee on consumer and worker protection. “Outdoor dining was a lifeline for our city, one that can be used as the foundation of not only rebuilding and reimagining the food and restaurant industry, but also reinvigorating and stimulating New York City’s economy throughout all five boroughs.”
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