Open Restaurants is permanent. What happens next?

On Thursday, August 3rd, City Council voted to make permanent the curbside dining program that has revolutionized the dining landscape in New York City. It’s a victory for business owners – who now rely on the added capacity the program affords them – and diners in every borough whose opportunities for al fresco dining have skyrocketed since the program’s inception.

There are some changes in the new bill that will take effect (in November 2024) now that it’s passed. The biggest change will be seasonality. While the current emergency program allowed businesses to operate their curbside dining 12 months of the year, the new bill stipulates that all setups must be removed from the roadway from November through March. (Advocates of a seasonal program have cited the need for DOT to access that space for a portion of the year to do maintenance.) We, however, have advocated that a year-round option is best. There are many December or February afternoons warm enough for an outside lunch, and those extra months would afford business owners and the City the greatest chance for an economic boost through the program. Additionally, the work of continually installing and removing curbside streeteries throughout the year will almost certainly hinder some restaurants from participating at all. After all, where will small businesses store their outdoor tables and chairs? But the seasonal program is better than no program at all — and it’s not set in stone! Open Plans will continue to advocate that a year-round option be added.

The subway-themed curbside cafe at Boogie Down Grind in the South Bronx. Photo: Boogie Down Grind

Design standards for curbside dining will be the next hot topic. Currently, there are very little guidelines on design or material. Some restaurants opt for minimal tables and chairs while others, famously, have gone all out putting incredible talent and energy into themed structures. The rulemaking process will determine how “all out” owners can go. It will rule on roofs, wall heights, materials, as well as types of tables, chairs, and other decor. 

There will be a public component to the rulemaking process; this is when you will have the chance to tell the City Council what the future of Open Restaurants should look like – literally! At Open Plans, we’re eager to follow and participate in this rulemaking process to ensure that the outdoor dining program is set up for success. Any design guidelines should offer restaurants and diners the best opportunity for a fun, comfortable, accessible atmosphere in any season. 

Keep an eye out for more information on those upcoming public hearings — we’ll make sure you have what you need to participate and make your voice heard! And thank you to everyone who supported Open Restaurants by supporting local businesses and contacting your Council Members to ask them to vote yes. This is a historic moment for New York City’s curbs, and exciting progress toward a full reimagining of our streets as multimodal and people-centered.