New York City restaurants can now offer outdoor dining throughout the year, following a City Council vote on Thursday that overturned a previous restriction making the practice seasonal. The decision allows eateries to erect winterized enclosures and expand outdoor service to roadway cafes.
City Council Speaker Julie Menin stated that year-round outdoor dining provides vital revenue for many restaurants. She highlighted that making the perk seasonal burdened businesses with significant fees for only six months and the logistical challenge of storing outdoor furniture. "As the summer comes to a close, I’m sure the last thing we want on our minds is the winter months, but restaurant owners are always looking ahead, and we in the council are looking out for them,” Menin said.
The City Council approved measures to allow vertical winterization coverings for restaurants, permitting sidewalk cafes to operate 365 days a year. This reverses a 2023 decision made under former Mayor Eric Adams’ administration that restricted outdoor dining to warmer months. The previous restrictions also led to a backlog of over 3,600 applications due to a complex approval process, according to the notes.
Brooklyn Councilman Lincoln Restler, who proposed the revision, argued that the seasonal nature of the outdoor dining program had made it "stupidly expensive" and unfeasible for small neighborhood restaurants due to the annual costs of building, deconstructing, and storing structures. He noted that complaints to 311 regarding outdoor dining structures have decreased significantly, with only 11 reported this year.
Under the new regulations, restaurant owners can apply to keep their outdoor dining structures from November 30 through March 31. However, sidewalk cafes must close by 11 p.m. Operators also face strict maintenance requirements, needing to keep the structures free of trash, debris, graffiti, food scraps, and vermin. Accumulating three violations for the same infraction within a two-year period could result in the loss of outdoor dining privileges.
The measures passed with substantial support: allowing winter coverings for outdoor dining passed by a 38-4 margin, and the expansion to roadway cafes passed 37-5. Restler stated the change is "great for our local economy, great for our neighborhood businesses, great for our workforce, and great for all of us to enjoy a meal outdoors."