NYC Council expected to vote on year-round outdoor dining Thursday

The New York City Council is expected to vote Thursday on a package of bills that would allow outdoor dining to operate year-round throughout the five boroughs, ending restrictions that currently require restaurants to dismantle structures during winter months.

Under current rules adopted during the Adams administration, roadway dining structures must be removed and stored from November through April, with operations permitted only between April 1 and November 29. The new legislation would eliminate this seasonal requirement, allowing restaurants to keep their outdoor setups in place throughout the year.

The most significant bill in the package, sponsored by Brooklyn Council Member Lincoln Restler, would expand the city's Dining Out NYC program to allow roadway cafés to operate all year long. A second measure would permit restaurant owners to winterize their outdoor dining structures for the colder months. The legislation would take effect immediately upon passage, meaning businesses would no longer need to remove their roadway dining setups seasonally.

City Council Speaker Julie Menin said she expects the package of bills to pass at the 10 a.m. hearing Thursday, describing it as a significant win for restaurant owners. Menin prioritized the resumption of year-round dining structures on city streets when she became speaker earlier this year.

Mayor Zohran Mamdani has already expressed support for year-round outdoor dining.

The proposed changes would apply specifically to open-air cafés that operate in the curb lane or parking lane in front of a restaurant and feature easily removable tables, chairs and decorations. Businesses seeking year-round outdoor dining would need to obtain a separate license from the seasonal roadway café license and pay separate fees. Winterization enclosures would be permitted between November 30 and March 31.

An additional bill in the package would require roadway and sidewalk café owners to maintain their setups free of trash, debris, graffiti and rats, with violations subject to fines of up to $500.

Outdoor dining was first introduced during the COVID-19 pandemic as a temporary measure but became popular with both diners and restaurant operators. The program initially operated year-round but came with a patchwork of rules and complaints from New Yorkers who said the dining structures reduced already-limited parking availability. The seasonal removal requirement under the Adams administration proved costly for restaurant owners, discouraging many from applying for outdoor dining permits.