Dining Sheds Must Come Down on Oct. 31; DOT is mulling New Regs for Return Next Spring
Outdoor dining sheds must come down across the city on Oct. 31. What they look like when they return next spring is the subject of new proposals that were finally released by the Department of Transportation on Oct. 19.The public has 30 days to comment.
| 20 Oct 2023 | 04:45
The new look dining sheds under proposed regulations by the DOT will bar four wall enclosures and require sheds to be “open air,” which is probably fine since the sheds now have to be taken down by Oct. 31 and reconstructed next spring. (
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Visual of sidewalk under proposed rules for Dining Out NYC. (
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Visual of streetscape under proposed rules for Dining out NYC. (
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Under a law passed earlier this year, all outdoor dining sheds must be taken down by October 31. And what they will look like when they are allowed to be re-erected next April is the topic that will be decided by new Department of Transportation regulations. The DOT released its final proposals on Oct. 19, giving the public a 30 day window to comment that ends with a zoom hearing on November 30.
Among the most striking aspect of the new proposals: no more enclosed four wall dining areas. The new look must be “open air” and are required to be wheelchair accessible.
The outdoor dining that was originally an emergency allowance to help save the restaurant and bar businesses in the worst days of COVID-19 was officially codified into law by Mayor Eric Adams earlier this year. But in a compromise with many local activists who had opposed the outdoor dining, the sheds were only permitted from April 1 to Oct. 31 in all the boroughs, with a few meticulous requirements.
Under the new rules, they clearly state how far apart outdoor dining is permitted to be set up in relation to subway entrances, fire hydrants, traffic signals, mailboxes, etc.
Sidewalk cafes must also comply with the Americans with Disabilities Act by being accessible to individuals with a physical disability, which means that they must have wheelchair ramps.
While owners can still have creative liberty to create a unique space, they are limited on the types of material that can be used. Furniture must be lightweight and easily moveable to promote an overall sense of openness. Critics said the closed in sheds in the past had attracted rodents and other varmints.
The license fee will be a hefty one, a non-refundable $1,050 but it will be valid for four years.
DOT is expecting to finalize the rules of the program by the end of 2023 which will then be followed by an online application period where restaurants can apply for Dining Out NYC permits. How many actually return is an open debate.
The first approved setups are expected to hit the streets of New York in the spring of 2024, when the sheds can be taken out of storage and rebuilt for the spring and summer months.
“Getting input from business owners and community members was essential to shaping this landmark legislation. We understood from the start that this historic piece of legislation would require a collaborative approach,” said New York City Councilmember Marjorie Velázquez, chair, Committee on Consumer and Worker Protection.
The set of requirements are extensive–29-pages-worth–but as the President of East Midtown Partnership, Rob Byrnes said in a statement, “A sophisticated city deserves a sophisticated dining experience.”
In a statement Mayor Adams said, “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 went on to say, “This public engagement period will allow us to refine the recipe and deliver a delicious final product.”
“This public engagement period will allow us to refine the recipe and deliver a delicious final product.” Mayor Eric Adams on the new DOT proposals for outdoor dining sheds.