The majority of New York City restaurants participating in the city’s pandemic-era outdoor dining program did not seek permits to make their sheds permanent, requiring these structures to be dismantled. By the August 3 deadline, only about 2,600 dining establishments applied for the permits, according to the city Department of Transportation (DOT). This number is less than half of the estimated 6,000 to 8,000 restaurants currently using outdoor dining permits issued since 2020.

Heated Debates and New Regulations

The deadline concludes months of intense debate among stakeholders on maintaining the vibrant outdoor dining culture that thrived during the pandemic. Critics argue the structures are unsightly, attract rodents, and occupy valuable parking spaces. Conversely, supporters believe they enliven the cityscape and provide crucial support to small businesses.

Under the new Dining Out NYC program, roadway sheds must be disassembled and stored from late November through March. Restaurants must also meet new specifications for their structures, such as ensuring they are not fully enclosed, requiring some to rebuild their sheds.

Financial and Logistical Challenges for Restaurants

Just over 1,300 permit applications are for roadway sheds, and about 2,000 are for sidewalk seating, which has more lenient, year-round rules. Manny Colon, owner of Manny’s Bistro on the Upper West Side, applied for both roadway and sidewalk permits, which cost $1,050 each for four years, a reduced fee compared to pre-Covid prices.

The new regulations pose significant financial and logistical challenges. Colon estimates a city-approved contractor would charge $40,000 to dismantle, rebuild, and store his shed for the winter. Instead, he opted for a more cost-effective solution, asking a friend to modify plywood and using a U-Haul to transport the shed to his daughter's house upstate for storage. Despite cutting costs, he will still spend $25,000 and will have to reduce his roadway seating due to new size restrictions.

Industry Reactions and Calls for Program Tweaks

Although Colon expects to turn a profit, he acknowledges the complications. "It’s quite complicated, and that’s why a lot of restaurants are just going to focus on the sidewalk," he remarked. Colon is pleased the city is enforcing rules to improve safety, especially concerning hazardous structures encroaching into bike lanes.

Andrew Rigie, executive director of the New York City Hospitality Alliance, highlighted the low application rates as a sign that the program needs adjustments. “There are many parts of the new outdoor dining law that are much better than the pre-pandemic sidewalk café law, but despite the DOT’s outreach and collaboration, too few eligible small businesses have applied,” Rigie noted. He emphasized the need for the city to analyze the low participation and adjust the rules to achieve a more inclusive outdoor dining initiative.

Official Response and Future Plans

City officials maintain that the number of applications is still double the participation rates from before the pandemic. "The new program preserves what New Yorkers came to love about outdoor dining while addressing important quality-of-life issues," said a transportation department spokesperson.

As New York City transitions away from its pandemic-era outdoor dining program, the ongoing discussions and adaptations will shape the future landscape of dining in the city.