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A debate is simmering at City Hall that could extend the outdoor dining program.
Under the city's current guidelines, sidewalk cafes can stay year-round, but roadway cafes have to come down on Nov. 29.
City Council leaders and businesses are calling for reforms to the current "Dining Out" NYC program.
“Outdoor dining had been a great success, the new iteration of this program is failing our city, we can do better, we must do better, we need to bring year round outdoor dining, we need to streamline the process to apply," said Lincoln Restler, who represents District 33 in Brooklyn.
Havana Cafe on East Tremont Avenue in the Bronx opted to not operate a roadway cafe this year.
"After the application process, it took a little while for us to get a conditional approval which put us halfway through the summer, so for us we didn’t really see the justification for the expense," said Kevin Alicea.
Alicea says the cost to set up and break down along with storage fees for the winter months is not feasible.
"I think that’s a big deterrent for a lot of business,” said Alicea.
It's the first full year of the program under a new post-pandemic structure. Councilmember Restler has been gathering feedback from partner organizations and business owners about what is working and what needs to be changed.
“Once some of the parameters started changing the roadway cafes, it wasn’t practical for us anymore," said Joseph Chancellor, general manager at Lena Trattoria.
Three bills are on the table that would extend roadway cafes year-round, streamline the application process to make it more accessible, including in person paper applications and by requiring a “save your work” feature on the online portal. The third bill would expand the footprint for sidewalk dining to an 8-foot clear-path.
"Now is the time for the NYC Council to fix the Dining Out NYC law, so it truly supports small businesses, workers, and the millions who love dining al fresco across all five boroughs. Today’s proposals are a strong step forward — allowing year-round streeteries by ending the costly four-month teardown rule, restoring long-standing sidewalk café seating, and improving the licensing process. These are common-sense reforms, and we hope to see more soon so Dining Out NYC can reach its full potential.” said Andrew Rigie, executive director of NYC Hospitality Alliance.
The Department of Transportation says it will use the break in the season to evaluate set ups and listen to feedback.
"We have a few ideas already to help streamline the application process and are eager to discuss improvements to streamline and quicken the application process," said Ydanis Rodríguez, commissioner of the Department of Transportation.
The current 'Dining Out' NYC program runs from April to Nov. 29.