New Bill Would Reinstate Year-Round Outdoor Dining Citywide, Council Member Says

NEW YORK CITY — A New York City councilman has introduced a new bill on Thursday that would reinstate year-round outdoor dining along streets citywide.

City Council Member Lincoln Restler announced his new bill (Intro. 1421) which would make outdoor dining year-round and make the permit process easier for restaurants as well as more accessible.

In addition, the proposed legislation would let smaller restaurants extend outdoor dining setups with neighbor approval.

The bill would change clearance design rules for dining setups up to eight feet from an intersection for better visibility.

Other highlights of the bill include allowing businesses licensed by the New York State Department of Agriculture to join the program. Also, there will be a requirement for snow removal and other measures as part of the program.

We introduced a bill to restore year-round open dining and make it easier for restaurants. Outdoor dining was a silver lining of the pandemic, and New Yorkers want it back," Restler said in a statement.

"We can simplify the process for restaurants to secure permits and give us more places to dine together."

Previously, changes were made to the city's outdoor dining rules last year with Dining Out NYC, that was signed into law by Mayor Eric Adams into law in 2023.

Co-sponsors of the new bill include City Council Members Keith Powers, Julie Menin, Shahana Hanif, Crystal Hudson, Chi Ossé and Shekar Krishnan.

"We can't afford to lose a great program to poor policy. In 2020, I introduced the original outdoor dining program as a lifeline for small restaurants during the height of the pandemic," Borough President Antonio Reynoso said.

Since then, the City has taken the program two steps back, making outdoor dining too costly and inaccessible for far too many restaurants. I am proud to co-sponsor this legislation with Council Member Restler and encourage my colleagues to vote for an improved, year-round outdoor dining program."

Sara Lind, the co-executive Director of Open Plans, praised the proposed legislation, saying that New Yorkers deserve "vibrant, people-friendly streets all year long.”

“Over the last five years, New Yorkers have demonstrated that their appetite for outdoor dining is too large to be satisfied by existing regulations. So going forward, improving, strengthening, and lengthening the program is one of the best ways to make our streets welcoming to people, not just cars," Lind said.

"The legislation introduced today is a major, much-needed step toward restoring both the scale and year-round schedule of the original program, while preserving key reforms that have helped address prior issues that arose. By restoring year-round outdoor dining and simplifying the process for restaurants, the City Council is making it possible for more businesses to succeed and creating more time and more ways for New Yorkers to enjoy public spaces.

“We thank Council Member Restler and all the bill’s co-sponsors for their leadership on this issue. We urge the full City Council to move quickly and decisively."