An outdoor dining space in Manhattan.
Photo by Dean Moses
A City Council member is working to expand the space needed for sidewalk cafés by narrowing the mandated pedestrian pathways near the outdoor dining setups.
City Council Member Keith Powers, who represents Midtown and the East Side of Manhattan, introduced on Wednesday legislation to set the clear path requirement of sidewalk cafes to no more than eight feet. The current maximum of 12 feet restricts or eliminates some existing sidewalk cafes, he explained.
“This legislation is a lifeline to small businesses that would otherwise be shut out of the city’s outdoor dining program,” the council member said. “On top of serving customers and making payroll each week, small businesses are bogged down with overly complicated and restrictive rules that govern outdoor dining.
He said his legislation, called Intro. 1444, would “simplify” the rules that businesses have to follow when offering outdoor dining.
“This legislation simplifies the rules, gives bars and restaurants more breathing room to succeed, and helps keep our streets vibrant and lively,” he said.
Prior to the pandemic, bars and restaurants were able to construct outdoor additions onto their storefronts that extended their businesses’ interior space out into the public sidewalk.
Under the new post-pandemic Dining Out Program, managed by the NYC Department of Transportation (DOT), new sidewalk cafes are no longer permitted. However, those that existed prior to the pandemic are eligible to be grandfathered in. If the bill becomes law, these cafe owners would be able to operate as long as they maintain a clear path of eight feet.
amNewYork has contacted the DOT to determine if the change is feasible and is awaiting a response.
In the meantime, restaurant owners applauded the move.
“By restoring the clear path rule to the safe, proven standard that kept New York’s sidewalks lively for decades, it strikes the right balance of protecting pedestrian space while keeping our streets vibrant, welcoming, and perfect for al fresco dining,” said Andrew Rigie, executive director of the NYC Hospitality Alliance.
The bill is currently in committee. Should the Council and mayor approve the bill, it would take effect 120 days after it becomes law.