NYC RECOVERY AGENDA: OUTDOOR DINING
As part of New York City’s Recovery Agenda, Mayor de Blasio today announced the City’s popular Open Restaurants program, which has enrolled more than 10,300 establishments since its inception in June, will be extended year-round and made permanent. The extension also applies to Open Streets: Restaurants, which currently offers restaurants expanded space on 85 car-free streets citywide on certain days.
The announcement comes one day after the mayor put forward an agenda for New York City’s long-term recovery, which focuses on keeping New Yorkers safe and healthy, while making NYC the public health capital of the nation to help bring back the city’s economy. The Open Restaurants program has already saved an estimated 90,000 jobs citywide.
“Open Restaurants was a big, bold experiment in supporting a vital industry and reimaging our public space. And it worked,” said Mayor Bill de Blasio. “As we begin a long-term recovery, we’re proud to extend and expand this effort to keep New York City the most vibrant city in the world. It’s time for a new tradition.”
“Outdoor dining has been a huge success, enlivening our commercial corridors and providing businesses with a much-needed opportunity to generate further revenue while social distancing,” said Jonnel Doris, Commissioner of the NYC Department of Small Business Services. “This program becoming a mainstay allows patrons to continue supporting their favorite neighborhood establishments and allows restaurants to safely expand their dining options.”
Adjacent Properties
The City will allow restaurants to expand seating to the frontage of adjacent properties, as long as the adjacent property owners formally agree to the use of the space for a specified period of time and commit not to charge a fee for its use. The City will work with the State Liquor Authority on any requirements associated with extending alcohol service to the expanded seating in front of adjacent properties. In early October, the New York City Department of Transportation (DOT) will issue a template agreement and provide instructions on how to file the agreements. Adjacent properties may not be used prior to the release of official instructions and formal agreements.
Heating
As cooler weather arrives, the City will allow restaurants to incorporate heating elements into their outdoor dining setups. Electrical heaters will be allowed on both sidewalk and roadway. Propane and natural gas heaters will be allowed on sidewalks only; they will remain prohibited in roadway seating. Propane will require a permit from FDNY and compliance with FDNY regulations for outdoor use, handling and secure outdoor tank storage overnight. Official guidance on what will be considered approved installation and use of heating elements will be released before the end of September, and restaurants are prohibited from installing heating elements until guidelines are released and followed.
Tents
Restaurants will also be permitted to use tent enclosures to keep diners warm. In partial tent enclosures, at least 50% of the tent’s side wall surface area must remain open and electrical heaters are allowed. In full tent enclosures, the tent’s side walls may be closed but occupancy limitations will be capped at 25% of capacity, and indoor dining guidelines must be followed; electrical heaters will also be allowed. Enclosed structures, such as plastic domes, will be allowed for individual parties and must have adequate ventilation to allow for air circulation.
Roadway Safety
As the program’s duration will now continue through the winter months, and winter weather creates potential for inclement weather to impact road conditions, the City will engage the restaurant industry and other stakeholders to develop additional safety features to further strengthen roadway barriers. To ensure timely implementation, the City will require restaurant owners to comply with new safety features by November 15, 2020. In addition, significant snow events may necessitate the temporary removal of some barriers from the roadway.
The City will work with the City Council to make the regulatory changes necessary to make the program permanent.
“Outdoor dining has been one of the major successes of the past few months, and the Council is proud to have led the charge to make this common-sense measure permanent. We are grateful Mayor de Blasio heard our calls and is taking action on this important issue. Lots of cities throughout the world have permanent outdoor dining, and it is time to bring it to New York City. Our restaurants need a lot of help and the Council will continue doing all we can to support them,” said Speaker Corey Johnson.
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“Outdoor dining has been a runaway success for the city. New Yorkers have made it clear that they want it to stay. New York City is the culinary capital of the world, and now we get to enjoy that a little bit more while helping businesses stay afloat,” said Council Member Keith Powers.
“As someone who has been fighting on behalf of small businesses since the start of the pandemic, I am happy to hear that Mayor de Blasio will be extending the outdoor dining initiative year-round. The Open Restaurants program has revitalized local communities and created a space where people can enjoy the outdoors. This essential program has allowed small businesses to survive and recover financially,” said Council Member Ydanis Rodriguez. “We must continue exploring innovative ways to reclaim our streets and move a step closer into a more pedestrian and cyclist-friendly City. I will continue to work alongside Mayor de Blasio, Speaker Corey Johnson, DOT Commissioner Polly Trottenberg, and my colleagues at the Council to ensure we continue supporting our local small businesses.”
"New Yorkers know a great idea when they see one," said Council Member Ben Kallos. “Outdoor dining has helped save tens of thousands of jobs all while keeping the City open for business, and we cannot let colder temperatures bring that to an end. It is no secret that New York City businesses still need all the help they can get in order to make ends meet and extending this program is one good way to do that. Thank you to Mayor Bill de Blasio for focusing on the recovery of our small businesses."
"The extension of the Open Restaurants program, which has seen great success on Bell Boulevard and Douglaston Plaza here in Northeast Queens, is a victory for our small businesses and our communities," said Council Member Paul Vallone, Chair of the Committee on Economic Development. "Cutting obstructive red tape and setting clear health and safety guidelines for our city’s thousands of restaurant owners and the thousands more they employ will help ensure both the long-term health of New Yorkers and of our economy."
Outdoor dining has transformed New York City’s streetscape for the better and has been a critical lifeline for thousands of small businesses and jobs throughout the five boroughs during the COVID-19 pandemic.
Read another blog about New York City's Restaurant's open streets program here.
