Sidewalk cafes are about to become a permanent part of life in the Big Apple thanks to a deal struck by Mayor Eric Adams and the City Council that promises to ensure European-style dining al fresco, while dramatically limiting pandemic-era curbside sheds.
The agreement this week brings to an end to months of seemingly endless legal negotiations between City Hall, lawmakers, powerful local neighborhood political interests and the equally powerful restaurant lobby over what aspects of the Big Apple’s expansive outdoor program launched just weeks after the coronavirus outbreak should be kept.
“We’re thrilled the Mayor and City Council have agreed to terms for an historic permanent outdoor dining program that includes sidewalk cafes and streeteries,” said Andrew Rigie, the head of the NYC Hospitality Alliance, which represents restaurants and bars.
A spokeswoman for Council Speaker Adrienne Adams said, in a statement, that the compromise “strikes the right balance for restaurants, neighborhoods, and all New Yorkers.”
The compromise rolled out Thursday allows restaurants to apply for licenses to set up cafe-style seating outdoors that could operate year-round; while any curbside dining sheds would only be available from April through November. Restaurants south of 125th Street in Manhattan should expect to pay more based on location and square footage.
Those restrictions mean that most of the sheds will likely come down this year and will never be rebuilt due to the cost and the difficulties of reclaiming the parking spots once drivers move their cars back.
“It’s really sad because there’s a lot of beautiful ones that restaurants have invested so much in,” said Sara Lind, the co-executive director of Open Plans NY, which was campaigning to allow the structures to stay up year-round.
Outdoor seating arrangements covered by these permits could only operate between the hours of 10am and midnight.
Additionally, any restaurant seeking to set up cafe seating in a historic district or next to a landmarked building would be required to obtain permission from the Landmarks Preservation Commission.
A vote on the legislation has not been scheduled, but could come as soon as June, activists say.
The new program effectively replaces and enlarges the Big Apple’s previous and extremely limited pre-pandemic sidewalk cafe permitting system, which could take months and often required restaurants to hire a lawyer and architect to meet the requirements.
Neighborhood groups had vigorously complained about the sheds, arguing they took away street parking spots for cars and added to the city’s trash and rat woes.
Advocates for the program said the expanded seating breathed new life into the city’s streetscapes and helped eateries recoup losses that devastated the industry during the coronavirus.
