Chair Brooks-Powers Opening Remarks: Evolution of Outdoor Dining and Local Law 121

As my co-chair discussed prior to the COVID-19 pandemic, sidewalk cafes were regulated by the Department of Consumer and Worker Protection and could only be located in certain districts.

In response to the pandemic, the council enacted Local Law 54 of 2020, which required the city to waive and refund all revocable consent fees for unenclosed sidewalk cafes due between March 1st, 2020 and February 28, 2021.

In June of 2020, the city established a temporary open restaurants program to expand outdoor seating options for food service establishments citywide.

And two separate programs managed by DOT enabled temporary outdoor dining, open restaurants and open streets full closure.

By the end of the open restaurants program, there were 13,144 participating businesses.

In addition, 361 existed on open streets.

In August of 2023, the council enacted local law 121 of 2023, local law 121, which repealed the pre-pandemic sidewalk cafe program and established a new permanent outdoor dining program.

With this legislation, the council applied lessons learned from the temporary open restaurants program to improve upon the old sidewalk cafe law.

While maintaining aspects of the program meant to ensure outdoor dining is done in a safe and clean manner, with deference to residents and neighborhood needs throughout the city.

While the old pre-pandemic outdoor dining program was managed by DCWP, the permanent outdoor dining program established by Local Law 121 is managed by DOT.

Under this program, there are no longer zoning restrictions on the locations of sidewalk or roadway cafes.

In addition, the law increased the license term from two to four years and lowered license fees and revocable consent fees.

However, in the months leading up to the launch of open dining in April 2025, concerns were raised by businesses, advocates, and local officials about the program's implementation.