Unapproved Dining Sheds Must Come Down Nov. 1; Restaurant Owners Unhappy

About 75 percent of the outdoor dining sheds in New York City have disappeared, and a few more may come down on Nov. 1, if they’ve failed to gain approval from the DOT yet. Those approved under the new city regulations will have to come to down for the season on Nov. 29.

The Hospitality Alliance, which conducted a survey of 477 member restaurants, found 214 didn’t apply for the permanent dining program. Out of these 214, the restaurants reportedly had three overarching concerns: 40 percent said that stricter “clearance” requirements made the application “not worthwhile,” 38 percent said roadway dining would be too expensive “due to winter removal costs,” and 31 percent said that the application process was too difficult.

That discontent will mean a lot less outdoor dining sheds on city streets next spring.

During the COVID era, there were an estimated 12,500 restaurants with outdoor dining sheds. But by the Aug. 3 deadline to apply for new outdoor sheds under the Dining Out NYC program, the city Department of Transportation which administers the program said it received only 3,610 applications to put up sheds again next spring. That’s a nearly 75 percent decrease.

Most of the businesses that skipped filing a new application began taking down the sheds by July 31. Businesses that didn’t register, and keep their sheds up regardless, will face first-time fines of $500 and repeat-offender fines of $1,000. Accepted licenses will be valid for four years. The new regulations for sidewalk sheds are a little less onerous. Those sheds can stay up year-round. Sheds that were set up in roadways can stay up only from April 29 to November 29, under the new rules.

“While certainly an improvement from the pre-pandemic sidewalk café law, it’s disappointing that so few restaurants applied for the new program,” Hospitality Alliance Andrew Rigie said in a statement. “It’s clear from this survey that improvements need to be made to the rules and requirements so all restaurants that want to offer alfresco dining can and are not left out.”

The DOT’s application process was indeed extensive. Owners had to submit a variety of forms–tax, insurance, and pest control forms–and ensure that sheds fell within certain measurements. On top of that, they had to pay application fees: $1,050 for a separate roadway or sidewalk shed license, and $2,100 for restaurants applying for both types of sheds. A $1,000 public hearing fee and security deposit fees– $1,500 for a sidewalk shed and $2,500 for a roadway shed–were the final levies.

In an interview conducted with Straus News around the time of the August 3 deadline, DOT Commissioner Ydannis Rodriguez said that the new rules were organized around “improving quality of life issues.” There was because some “sheds were not clean, sheds were attracting rats,” he had added. “It’s about listening to both sides.”

The new permanent program clearly aims to ensure that sheds are responsive to some community complaints, by adding some new regulations that can be cost-intensive in their own right. Roadway cafés must not block travel lanes or parking zones, for example, and must provide a “clear pathway” for pedestrians. Sidewalk sheds must follow the latter rule, by providing a clear sidewalk. Owners will also need to replace sand barriers, which became prolific during the temporary dining program, with water barriers. This is largely because the DOT eventually concluded that sand is a homing beacon for rats.

Either way, it appears that the restaurant lobby remains frustrated with the new program, with the Hospitality Alliance claiming that pandemic-era rules “worked for both small businesses and the neighborhoods they serve,” a notion that local opponents of the dining sheds program may heartily disagree with. It remains to be seen whether groups such as the Hospitality Alliance will successfully lobby for changes to permanent dining regulations.