Permanent outdoor dining rules released Al fresco cafés will be open for eight months out of the year: DOT

by Naeisha Rose Associate Editor

Mayor Adams and Department of Transportation Commissioner Ydanis Rodriguez announced proposed rules for a permanent eight-month outdoor dining program, which the city hopes to get off the ground by spring 2024, but they want the public’s feedback on the “Dining Out NYC” guidelines ahead of a virtual hearing scheduled for Monday, Nov. 20 at 10 a.m.

After the public comment period and hearing, the DOT will publish the final rubric that will be adopted by the end of 2023. That will allow entrepreneurs who are interested in having an al fresco dining space to sign up via an online portal. Once their applications are approved, restaurateurs will have 30 days to get set up, according to the Mayor’s Office.

“Outdoor dining saved 100,000 jobs in New York City during the pandemic and gave the five boroughs something New Yorkers had been craving for a long time, and now, thanks to this program, it is here to stay,” Adams said in a statement referencing the temporary version of the program, which was created during the Covid-19 pandemic. “Our vision for the program will be developed in close partnership with restaurant owners, diners, and communities, and I am confident it will be a win for our entire city.”

Rodriguez shared the mayor’s sentiments.

“Outdoor dining has made our streets more vibrant public spaces, and Dining Out NYC will provide diners with an enjoyable experience while helping restaurants thrive,” Rodri- guez said in a statement. “Dining Out NYC will build upon what has worked and say goodbye to what has not. This public engagement period will help inform program rules and make sure the nation’s biggest outdoor dining program is also the best.”

The dates of operation for the outdoor spaces are from April 1 to Nov. 29, the DOT said.

The mayor and commissioner hope the new rules will offer clear and enforceable guidelines for outdoor setups that don’t impede on sidewalk pathways, and that are safe, clean and rat-free. The city will conduct extensive public outreach to stakeholders to ensure it has a wide range of feedback not just from restaurateurs, but also trade associations, community organizations and the public at large.

To provide comment on the rules, visit diningoutnyc.info or rules.cityofnewyork.us. To speak at the hearing either by phone or online, email rules@ dot.nyc.gov.

According to the DOT, all outdoor setups cannot be fully enclosed; they must have tables and seating, ADA access, drainage and a barrier, perimeter or fence-like structure; and flooring is not permitted for sidewalk setups. Heating, lighting, plantings, awnings, coverings and umbrellas are optional. Electrical connections, for example to string lights, are also optional.

Sidewalk and roadway cafés must be 15 feet away from open-end subway entrances, 10 feet from subway elevator entrances and MTA or FDNY curb cuts, 5 feet from curb cuts and subway elevators and 3 feet from elevated train infrastructure like support beams, according to the DOT. People can learn more about requirements at the agency’s website by searching for NYC Pedestrian Mobility Plan.

Fee structures for the outdoor space will be based on the location and size of the setup. The costs will range from $5 to $31 per square foot for the annual rate schedule. The maximum length for a café is 40 feet and the maximum width is 8 feet, according to the dining rules.

A DOT spokeswoman told the Chronicle that information regarding kit parts people can use for the outdoor dining setups will be released to the public in the coming weeks and months.

“We have many restaurants in Sunnyside that will be participating, and we will work to ensure a smooth transition to the new regulations and give feedback for future reforms,” said Dirk McCall de Palomá, executive director of the Sunnyside Shines Business Improvement District, in a statement. “People love the ability to eat outdoors, and this program provides opportunities for our restaurants to serve more patrons and keep our economy strong.” Q