NYC Council meetings, chaptered and linked by time.
New York City Council
Read summaries and jump into the video at the segment start.
Committee staff calls the joint hearing to order, reminding attendees to silence electronic devices and outlining the procedures for witness testimony.
Chair Julie Menin welcomes attendees and provides historical context on Local Law 121 of 2023, which established the permanent 'Dining Out NYC' program to transition from temporary pandemic-era rules.
Chair Julie Menin expresses her long-standing concerns regarding the Department of Transportation's ability to manage a licensing program, highlighting severe delays that have left small businesses in uncertainty.
Chair Julie Menin highlights that only 67 restaurants have completed the full application process, representing less than 2% of total applicants, and calls the rollout disastrous for small businesses.
Chair Selvena Brooks-Powers introduces the joint hearing focus on the Dining Out NYC program and proposed Intro 857 regarding the towing of vehicles that encumber city streets.
Chair Selvena Brooks-Powers outlines the evolution of outdoor dining from pre-pandemic sidewalk cafes to the temporary pandemic-era program and the subsequent enactment of Local Law 121.
Chair Selvena Brooks-Powers details the implementation challenges reported by businesses, including onerous online forms, lack of language accessibility, high construction and storage costs, and changed clearance standards.
Chair Brooks-Powers transitions the hearing to receive testimony from public advocates and restaurant owners first, in order to address their concerns before hearing from the administration.
Andrew Rigie, Executive Director of the NYC Hospitality Alliance, testifies on the dramatic decline in outdoor dining participation, the failure of citywide equity goals, and outlines seven proposed reforms.
Robert Bookman, Counsel to the NYC Hospitality Alliance, discusses structural issues with the revocable consent process, stricter clearance rules, and the financial hurdles preventing small restaurants from applying.
Max Bookman, Partner at a licensing law firm, shares his experience managing over 200 DOT outdoor dining applications and describes the process as overly confusing and frustrating for business owners.
Chris Woods, second-generation owner of Sylvia's Restaurant in Harlem, testifies about the confusion in the application process and the need for winterized setups to maintain employment and seating capacity.
Megan Rickerson, owner of Someday Bar in Boerum Hill, provides a detailed financial breakdown of the high costs of compliance, explaining that the seasonal roadway rules make the program financially unviable for neighborhood spots.
Robert Marino, partner in the New York City Chef Group, testifies about the negative impact of changed sidewalk clearance rules on his Hell's Kitchen restaurant, Nizza, which reduced outdoor seating by 40%.
Chair Julie Menin asks the NYC Hospitality Alliance panel to quantify the economic and job losses experienced by restaurants due to the poor rollout of the permanent outdoor dining program.
Chair Julie Menin and the panel discuss the lack of language accessibility in the application process and the technical frustrations of the online-only system for immigrant business owners.
Chair Julie Menin and Robert Bookman discuss why the outdoor dining program should have remained under the jurisdiction of the Department of Consumer and Worker Protection (DCWP) rather than the Department of Transportation.
Chair Julie Menin asks Robert Bookman to explain why only 67 restaurants have completed the full application process, pointing to DOT's misinterpretation of when the review clock starts.
Chair Selvena Brooks-Powers asks Megan Rickerson to clarify the one-time versus recurring costs associated with hiring architects, lawyers, and contractors to build and store seasonal roadway setups.
Chair Selvena Brooks-Powers asks the panel about projected revenues under the new model and whether small businesses can realistically break even given the high costs and weather dependencies.
Chair Selvena Brooks-Powers and Robert Bookman discuss immediate recommendations to improve the program, including in-person support centers, quarterly fee payments, and simplified clearance rules.
Council Member Gale Brewer asks the panel about simplifying floor plan requirements and the challenges of technical measurement reviews conducted by volunteer community board members.
Council Member Mercedes Narcisse asks the business owners about the viability of outdoor dining without a liquor license and the operational burdens placed on restaurant staff to police outdoor spaces.
Council Member Chi Ossé asks the business owners to respond to sanitation and rodent concerns associated with outdoor dining, and questions the panel on DOT's responsiveness to application issues.
Council Member Robert Holden introduces Intro 857-A, explaining that the bill requires the Department of Sanitation to tow abandoned and inoperable vehicles within 72 hours of notification to reclaim public space.
Chair Julie Menin transitions the hearing to the administration panel, expressing deep disappointment that the DOT Commissioner is not personally present to answer questions about the program.
DOT First Deputy Commissioner Margaret Forgione is sworn in by committee counsel, followed by a brief recess to resolve a technical issue with the audio system.
Chair Julie Menin resumes the hearing after the technical issue is resolved, welcoming back First Deputy Commissioner Margaret Forgione to begin her testimony.
First Deputy Commissioner Margaret Forgione provides an overview of the permanent Dining Out NYC program, highlighting that over 2,500 restaurants are authorized to operate for the first permanent season.
First Deputy Commissioner Margaret Forgione outlines the history of outdoor dining in NYC, from the pre-pandemic DCWP program to the pandemic-era emergency program, and explains the regulatory balance of Local Law 121.
First Deputy Commissioner Margaret Forgione details DOT's extensive outreach efforts, application statistics, and the implementation of conditional approvals to allow roadway cafes to operate by the April 1 deadline.
Chair Julie Menin questions DOT on why only 67 businesses have received full approval, challenging the agency's claim that the program is going well.
Chair Julie Menin asks DOT about the status of the remaining 20% of applications and suggests establishing walk-in licensing centers in every borough to assist struggling business owners.
Chair Julie Menin asks DOT why only 3,200 restaurants applied for the permanent program compared to the 13,000 that participated during the pandemic peak.
Chair Julie Menin questions DOT on the language accessibility of the application, and DOT clarifies that the application is now available in 12 languages.
Chair Julie Menin asks DOT how they plan to address the myriad of complaints raised by restaurant owners regarding the confusing and expensive application process.
Associate Deputy Commissioner Michelle Craven explains DOT's dedicated plan review process, outreach efforts, and how reviewers work directly with restaurants to correct substandard drawings.
Chair Julie Menin questions DOT on the flexibility of sidewalk clearance requirements and how scaffolding rules impact outdoor dining setups.
Chair Julie Menin asks DOT if the agency has filled the additional staff positions funded in the FY 2025 budget to process outdoor dining applications.
Chair Julie Menin questions DOT on the average time it takes to process an application and requests examples of applications that were approved within a few weeks.
Chair Julie Menin asks DOT if the agency is open to legislative amendments that would allow for a year-round roadway dining program to reduce storage burdens on restaurants.
Chair Selvena Brooks-Powers asks DOT to walk through the step-by-step review process for sidewalk cafe licenses and revocable consents, including community board timelines.
Chair Selvena Brooks-Powers asks DOT to detail the review process for roadway cafes, including public hearing requirements and charter-mandated advertising timelines.
Chair Selvena Brooks-Powers asks DOT about the most common issues applicants face during the preliminary review stage, such as payment delays and missing paperwork.
Chair Selvena Brooks-Powers questions DOT on how sidewalk clearance requirements were determined and how the agency coordinates with utilities and sister agencies.
Chair Selvena Brooks-Powers asks DOT for an update on federal funding secured for outdoor setups in Queens and the usage of the online Marketplace Directory.
Council Member Gale Brewer asks DOT if revocable consents can be replaced with a simpler permit process and how the agency coordinates with other city departments.
Council Member Gale Brewer asks DOT about the level of coordination with the Fire Department, Sanitation, and City Planning through the quarterly task force.
Council Member Gale Brewer asks DOT if the legal or illegal status of outdoor dining setups can be clearly indicated on the agency's public website.
Council Member Gale Brewer asks DOT how the agency coordinates street cleaning and road paving around active roadway dining setups.
Council Member Gale Brewer questions DOT on the fee structure for outdoor dining, and DOT provides examples comparing outdoor fees to indoor commercial rent.
Council Member Mercedes Narcisse asks DOT about flexibility in modifying setup sizes for struggling businesses and the requirement for additional liquor liability insurance.
Council Member Mercedes Narcisse questions DOT on how corner daylighting safety rules impact the available space for roadway cafes.
Council Member Lincoln Restler challenges DOT's characterization of the program as a success, pointing to the low approval rates and the loss of thousands of outdoor dining setups.
Council Member Lincoln Restler disputes DOT's statistics regarding the peak number of participating restaurants during the pandemic, arguing that the program has been severely diminished.
Council Member Lincoln Restler and Chair Julie Menin discuss the need for new legislation to revamp the outdoor dining program and potentially transfer jurisdiction to a licensing agency.
Chair Julie Menin asks DOT if the agency sent direct communications to all 13,000 restaurants that participated in the temporary pandemic-era program.
Council Member Farah Louis asks DOT about the coordination between the city and the State Liquor Authority (SLA) for businesses seeking to serve alcohol in outdoor setups.
Council Member Farah Louis asks DOT about interagency communication mechanisms to ensure small businesses do not receive conflicting information regarding health and safety standards.
Council Member Carlina Rivera questions DOT on the high costs of compliant setups available in the online marketplace and how the city can support sustainable investments.
Council Member Carlina Rivera asks DOT if vestibules and winterizing enclosures are permitted under the permanent sidewalk cafe guidelines.
Council Member Carlina Rivera questions DOT on the number of pending applications and whether the agency has the capacity to scale up to handle higher volumes.
Chair Julie Menin outlines the rules of decorum and time limits for public testimony, inviting the first panel of public witnesses to come forward.
Valerie De La Rosa, Chair of Manhattan Community Board 5, testifies on the board's review of over 300 applications, highlighting concerns about emergency travel widths, ADA compliance, and the need for robust enforcement.
Lacey Tauber, representing Brooklyn Borough President Antonio Reynoso, testifies in support of restoring a year-round roadway dining program and reducing bureaucratic and cost burdens on small businesses.
Jean Ryan, President of Disabled in Action of Metropolitan NY, advocates strongly for ADA accessibility in outdoor dining setups, opposing year-round sheds that block sidewalks and create physical barriers.
Kathleen Irwin, representing the New York State Restaurant Association, acknowledges DOT's educational resources but highlights significant challenges with application backlogs, seasonality, and high costs.
Cecil, representing Open Plans, discusses research on public space activation, recommending year-round roadway dining and greater flexibility for small businesses with limited storefront frontage.
Sara Lind, Co-Executive Director of Open Plans, urges the Council to amend the legislation to allow year-round roadway dining, noting that seasonal storage and deconstruction costs are prohibitive for small businesses.
Charlotta Janssen, owner of Chez Oskar in Bed-Stuy, describes the severe financial and operational toll of complying with the new rules, calling the regulations anti-business and anti-community.
Kevin Mulligan, owner of The Laurels in the East Village, criticizes the ban on enclosed sidewalk cafes, explaining the logistical impossibility of storing large amounts of furniture overnight.
Mary Honcho, a 46-year resident of NYC, raises concerns about the quality of life impacts of outdoor dining, including garbage accumulation, kitchen capacity limits, and bathroom availability.
Augustine Hope, representing the West Village Residents Association, testifies about the disproportionate negative impact of roadway dining setups on residential quality of life, citing noise and trash.
Leslie Clark, representing the West Village Residents Association, criticizes the reduction of pedestrian clearances on sidewalks and praises the pre-pandemic enforcement model of the DCWP.
Chair Julie Menin introduces the next panel of public witnesses, noting that translation services will be utilized for Spanish-speaking presenters.
Isabel Rosario, a street vendor and board member of the Street Vendors Project, testifies (via translator) about the mutual benefits of public space activation and supports year-round outdoor dining.
Marlene Ansaldo, a street vendor and board member of the Street Vendors Project, testifies (via translator) to request reduced fees for small businesses to help them grow and contribute to the city's economy.
Norma McKay, a member of the public, complains about the takeover of sidewalks by restaurants that ignore rules, and criticizes the lack of effective enforcement by the Department of Transportation.
Sharon Brown, a resident, suggests a delivery option where the city or restaurants can set up outdoor dining spaces in distant locations, such as beaches, to avoid clogging residential windows.
Madison Pinckney, a legal fellow at New York Lawyers for the Public Interest, advocates for robust ADA accessibility enforcement and annual reporting of accessibility complaints.
John Grimes, a 35-year resident of the West Village, testifies via Zoom to oppose any loosening of outdoor dining rules, citing noise, drunken behavior, and the lack of an environmental impact study.
Kiara Sakiheld, a Lower East Side resident, testifies via Zoom in favor of outdoor dining as a crucial public health accommodation for immunocompromised individuals.
Michelle Campo, a Lower East Side resident, briefly testifies via Zoom to note the lack of balance in the program and submits her full written testimony for the record.
Chair Julie Menin calls the final panel of public witnesses registered to testify via Zoom.
Peter Davies, representing the Broadway Residents Coalition in SOHO, testifies via Zoom about the inherent conflicts of expanded outdoor seating and the lack of bathrooms for large setups.
Sandy Rayburn, a Lower East Side resident, testifies via Zoom to strongly oppose year-round outdoor dining, citing rodent infestations, oppressive noise, and ADA violations.
Elizabeth Adams, representing Transportation Alternatives, testifies via Zoom that the permanent program is at a crisis point due to low application rates and equity issues caused by seasonal restrictions.
Council Member Vickie Paladino questions Elizabeth Adams, arguing that the pandemic is over, outdoor sheds are an intrusion on public streets and parking spaces, and they cause rat infestations.
Michelle Cooper Smith, a Lower East Side resident and former community board member, testifies via Zoom that the permanent application process is too onerous and confusing for small business owners.
Samir Lavingia, a member of Manhattan Community Board 5, testifies via Zoom in support of outdoor dining but criticizes Sunday morning restrictions and the requirement to break down structures seasonally.
Mary Kathleen Collins, a West Village resident, testifies via Zoom to oppose outdoor dining due to safety, cleanliness, and the obstruction of emergency vehicle access on narrow streets.
Kathleen Collins, a lifetime New Yorker with a disability, testifies via Zoom in support of the Dining Out NYC program provided it is implemented correctly with proper ADA spacing and ramps.
Christopher Leon Johnson testifies via Zoom in support of outdoor dining, but calls for defensive architecture to prevent homeless individuals from using the structures as shelters.
Ned Showlansky, a landscape architect and Lower East Side resident, testifies via Zoom to oppose year-round roadway dining, citing noise, crowds, and the privatization of public space.
Chair Julie Menin and Chair Selvena Brooks-Powers thank the participants for their compelling testimony and adjourn the joint legislative hearing.