Outdoor dining returns to NYC, but confusion and red tape remains
Outdoor dining returns in NYC
Outdoor dining is officially back in New York City, but with a new set of seasonal rules and plenty of confusion. Restaurant owners say the updated program—requiring permits and liquor license alterations—is expensive and unclear. FOX 5’s Jessica Formoso reports from Midtown, where some sheds are already back up and serving customers, despite the city’s backlog on approvals.
NEW YORK - As of today, restaurants across New York City can once again offer outdoor dining in sidewalk and roadway sheds.
However, new rules and regulations have restaurant owners saying that they’re struggling to navigate unclear guidelines, with questions still unanswered about alcohol service outdoors.
What we know:
Outdoor dining has officially resumed across New York City after a winter hiatus. Restaurants are now allowed to serve customers in outdoor sidewalk and roadway sheds, which became a staple during the pandemic. The structures were dismantled in November under new rules from the city.
As of today, roughly 600 roadway and 1,850 sidewalk sheds have been set up, according to the Department of Transportation.
NYC's outdoor dining sheds are back
Outdoor dining is returning to New York City—just in time for spring. Starting April 1, restaurants with proper permits can begin setting up new, DOT-approved roadway cafes. But under updated rules from the city, the sheds must now be removable, smaller, and meet a range of safety and sanitation standards. FOX 5's Richard Giacovas has the story.
The sheds are now seasonal-only, meaning they cannot stay up year-round.
However, the city has also rolled out new design and permit requirements that some restaurant owners say are expensive and difficult to follow.
Red Tape Frustrations:
According to the New York City Hospitality Alliance, there are several thousand less sheds than during the peak of the pandemic due to the costs, red tape and permitting delays.
"We're not formally approved yet, but the city, because they're so backlogged, said ‘go ahead and set it up if you had one previously,'" said Martin Whelan, the owner of Maggie's Place, a restaurant in Midtown Manhattan. "There's not a lot of clarity on the rules."
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It is also unclear if alcohol can be served outside. Of the over 600 roadway cafés that were approved, only 7 got the green light to serve liquor. Both the roadway and the sidewalk require an updated liquor license to serve alcohol outside.
To do so legally, both sidewalk and roadway cafes need an updated liquor license. That means filing an "alteration application" with the New York State Liquor Authority.
"We believe that the State Liquor Authority can allow restaurants to continue to serve alcohol in their outdoor dining, as they’ve been doing for years, until they receive that official new license under the brand new program," said Andrew Rigie of the NYC Hospitality Alliance. "But if they don’t, it would be an absolute disaster."
What's next:
The owner of Maggie’s Place says he hopes to get clear answers from the state by the end of the week. Until then, he says he’s continuing to serve alcohol in the outdoor space — like many others hoping for clarity as the season gets underway.
The Source: This story was written using information from the NYC Department of Transportation, the NYC Hospitality Alliance and FOX 5 staff and crews in the field.