When COVID-19 forced restaurants to close their doors in 2020, outdoor dining emerged as a critical survival strategy for New York City’s hospitality industry.
What began as a series of temporary wooden structures quickly became a defining feature of the city’s streetscape, supporting over 100,000 restaurant jobs and revitalizing neighborhoods during a time of crisis.
Fast forward to 2024, and outdoor dining has become a more complex issue, with city officials, restaurant owners, and residents grappling with its role in post-pandemic urban life.
The city’s temporary Open Restaurants program allowed dining structures to proliferate with minimal regulation during the height of the pandemic. While hailed as a lifeline for businesses, it also attracted criticism.
Some community members complained about noise, sanitation issues, and rodent infestations, while others decried the loss of parking spaces. These criticisms led to lawsuits, with opponents arguing that the program had overstayed its welcome.
In response to these challenges, New York City launched its permanent outdoor dining initiative, Dining Out NYC, on December 1, 2024. The program introduces strict regulations, limiting roadway dining to the months between April and November, with all structures required to be dismantled by November 29 to restore parking.
Sidewalk cafés, however, are permitted year-round, provided they comply with new modular design standards that prioritize easy assembly and storage. Restaurants failing to meet these rules face fines of up to $1,000.
The program has drawn mixed reactions from the restaurant industry. Many operators, especially those with smaller establishments, argue that the seasonal requirements and associated costs are untenable.
“The time, effort, and labor required to take these structures down and store them during the winter makes it impossible for many of us,” said Andrew Rigie, executive director of the NYC Hospitality Alliance. “It’s clear that without additional support, many restaurants will opt out entirely.”
Indeed, participation has plummeted. While the temporary program boasted over 13,000 permits at its peak, only 2,981 restaurants have applied under the new system. For many, the high costs of compliance—including materials, storage, and labor—are simply too much. “We’ve lost a lot of the vibrancy that outdoor dining brought to our streets,” said Rigie.
The city recognizes these concerns and is taking steps to mitigate them. One initiative under consideration is a city-run rental program for dining structures, designed to reduce costs and simplify logistics for restaurant owners.
Additionally, the Department of Transportation (DOT) is actively removing abandoned or poorly maintained structures, aiming to address sanitation and aesthetic issues.
“New Yorkers came to enjoy outdoor dining during the pandemic, and Dining Out NYC has made it a permanent, vibrant part of our streets,” said Ydanis Rodriguez, Commissioner of the DOT.
While some restaurateurs feel disillusioned, others see potential in the program. Charlotta Janssen, owner of Chez Oskar in Bedford-Stuyvesant, emphasized the importance of creative and high-quality designs.
“Our streetery was inspired by Parisian outdoor cafés and really helped enhance our streetscape,” she said. “But the new rules make it so hard to justify the cost.”
Advocates like Jackson Chabot, director of advocacy at the nonprofit Open Plans, believe that with time and investment, the program can strike a balance between supporting restaurants and addressing community concerns.
“The longer the temporary program ran, the more these unresolved issues—like noise and trash—escalated,” he said. “But the permanent program has the potential to create a better, more sustainable system for everyone.”
For restaurants interested in participating in Dining Out NYC, the application process involves several key steps. First, operators must apply for a license through the DOT’s online portal.
Next, they must ensure their structures meet the city’s design and accessibility standards. Roadway dining setups must be dismantled and stored by late November each year, with reassembly permitted starting April 1. Inspections and ongoing compliance with maintenance requirements are also mandatory.
Despite the challenges, outdoor dining remains a cherished part of New York City’s cultural fabric. Restaurants willing to adapt to the new rules can continue to provide the vibrant al fresco experiences that residents and visitors have grown to love.
As the city fine-tunes its approach, the hope is that outdoor dining will evolve into a lasting asset, balancing the needs of the hospitality industry with the broader community.
