The New York City Council on Thursday approved four bills to allow outdoor dining structures to remain on city streets year-round, reversing previous regulations that mandated their removal during winter months and requiring design improvements. The move has drawn criticism from some who argue the structures create traffic congestion, attract pests, and detract from the city's appearance.
The legislation permits dining structures to be present throughout the year, eliminating the previous requirement to dismantle them between December and March. Proponents, including the restaurant industry, have hailed the changes as crucial reforms that will benefit businesses.
Andrew Rigie, executive director of the New York Hospitality Alliance, stated the new rules are “critically important reforms.” Restaurant owners have expressed enthusiasm, with one Upper West Side bistro owner calling it “a whole new ballgame for restaurants.” They argue that the structures offer a cost-effective way to expand seating, particularly in areas where commercial rents are high.
However, critics contend that the structures, which first proliferated in the summer of 2020 as a pandemic measure, have outlived their necessity and now contribute to street obstruction. Concerns have been raised about their impact on city services, aesthetics, and public health, including instances of sheds being used for storage or attracting unsavory activity.
To address some of these issues, the new laws include fines for owners who fail to maintain cleanliness. The first violation for a shed being unclean, with trash or vermin, will incur a $200 fine, with subsequent violations escalating to $500. The Department of Transportation is designated as the agency responsible for approving year-round shed permits and will be finalizing rulemaking for these updates.
Opponents question the effectiveness of the fines, suggesting they are a small cost for business owners, especially if enforcement is lax. There is also concern that the Department of Transportation's approval process could lead to the permanent removal of parking spaces. The city's internal restaurant permitting process, involving departments like Con Edison, FDNY, and buildings and health, is also cited as a bottleneck that delays new restaurant openings.