Agency Testimony: Historical Context and Regulatory Balance of Outdoor Dining
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, the pre pandemic sidewalk cafe program managed by DCWP, then the pandemic era era temporary outdoor dining program authorized by mayoral emergency executive orders, and now the permanent dining out NYC program created in response to Local Law 121 of 2023.
With each iteration, we have built on lessons learned and took bold steps to reimagine the use of public space.
They also had to comply with a building code, obtain a revocable consent through DCWP, obtain approval from city planning, and approval from the landmarks preservation commission, depending on the location of the restaurant.
These regulations were confusing and restrictive, creating barriers to small businesses trying to participate in the program, especially in the outer boroughs.
Then in 2020, the COVID-19 pandemic brought us challenges unlike any we had seen before.
The necessity of closing indoor dining for most of 2020 meant that restaurants were particularly impacted by the pandemic, losing thousands of staff and in many cases closing permanently.
Balancing public health guidelines and the need to save the city's beloved restaurant industry, the city rapidly created a temporary open restaurant program so New Yorkers could safely dine outside.
The program reimagined the use of public space to bring restaurant dining to streets and sidewalks across the city.
During the peak of the pandemic, the program had between 6,000 and 8,000 restaurants participating and saved 100,000 jobs.
The temporary program was free for restaurants, suspended most pre-existing sidewalk cafe requirements, and allowed restaurants to self-certify that they met the temporary program's requirements, all with the goal of encouraging as many restaurants to participate as quickly as possible.
While the program was overwhelmingly popular, it also brought about numerous quality of life concerns around noise and sanitation, among other issues.
Thus, when planning the permanent outdoor dining program, DOT worked to implement a program built around lessons learned from both the DCWP Sidewalk Cafe program as well as the temporary open restaurants program.
The goal that we shared with the council was to strike a balance between the programs of the past, loosening requirements from the pre-pandemic program as much as possible to encourage wider participation while updating regulations to address quality of life concerns.
The program has significantly lower fees than the pre-pandemic sidewalk cafe program, with rates varying by location and setup size.
Simultaneously, a zoning text amendment was also removed, also removed the pre-pandemic program's numerous geographic restrictions, allowing the restaurants to participate in areas of the city where outdoor dining was not allowed previously.
With the transition to the first year of dining out NYC, we are proud of the work the agency has done so far.