New York City Legalizes Outdoor Dining

Some restaurant owners worry the new requirements will make it too expensive to maintain outdoor dining structures.

1 minute read

August 7, 2023, 5:00 AM PDT

By Diana Ionescu @aworkoffiction


Enclosed outdoor dining patio on New York City street set up during Covid-19 pandemic

Iuliia / Adobe Stock

Last Thursday, the New York City city council approved a bill permanently legalizing the outdoor dining structures that started dotting the city during the Covid-19 pandemic.

According to an article by Emma G. Fitzsimmons in The New York Times, “The bill aims to strike a balance by retaining a popular al fresco program while regulating it more closely, allowing for the clearing of abandoned or ugly dining sheds.” The bill also requires restaurants to take down the structures between November 30 and March 31, an addition that some restaurant owners say adds extra cost for dismantling and storage and reduces their ability to seat more customers during winter.

Under the bill, expected to be signed by Mayor Eric Adams, “the city’s Transportation Department would set basic design guidelines that have yet to be determined. Restaurants could offer outdoor dining from 10 a.m. until midnight and would be required to pay fees based on their location and square footage, with higher fees in Manhattan south of 125th Street.”

Supporters of the bill, like Kate Slevin, executive vice president at the Regional Plan Association, say the bill is “not 100 percent perfect” but provides a reasonable compromise. Others point out that the added expenses could exclude all but the most financially successful restaurants.

Thursday, August 3, 2023 in The New York Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 16, 2025 - Diana Ionescu

Green vintage Chicago streetcar from the 1940s parked at the Illinois Railroad Museum in 1988.

Chicago’s Ghost Rails

Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.

July 13, 2025 - WTTV

Blue and silver Amtrak train with vibrant green and yellow foliage in background.

Amtrak Cutting Jobs, Funding to High-Speed Rail

The agency plans to cut 10 percent of its workforce and has confirmed it will not fund new high-speed rail projects.

July 14, 2025 - Smart Cities Dive

Worker in yellow safety vest and hard hat looks up at servers in data center.

Ohio Forces Data Centers to Prepay for Power

Utilities are calling on states to hold data center operators responsible for new energy demands to prevent leaving consumers on the hook for their bills.

July 18 - Inside Climate News

Former MARTA CEO Collie Greenwood standing in front of MARTA HQ with blurred MARTA sign visible in background.

MARTA CEO Steps Down Amid Citizenship Concerns

MARTA’s board announced Thursday that its chief, who is from Canada, is resigning due to questions about his immigration status.

July 18 - WABE

Rendering of proposed protected bikeway in Santa Clara, California.

Silicon Valley ‘Bike Superhighway’ Awarded $14M State Grant

A Caltrans grant brings the 10-mile Central Bikeway project connecting Santa Clara and East San Jose closer to fruition.

July 17 - San José Spotlight