Outdoor Dining in the Village— Who are the Scofflaws?
By Brian J. Pape
The city council passed rules in March 2024, in accordance with Local Law No. 121 for the year 2023, relating to its permanent outdoor dining program. All bars and restaurants were put on notice to clarify that a restaurant must remove all elements of a roadway cafe between November 30 to March 31. In 2020, the temporary Open Restaurants program was established pursuant to an emergency executive order in response to the COVID-19 pandemic. Outdoor cafes went from less than 1,300 locations to 13,164 locations. During the height of the pandemic, the temporary Open Restaurants program was a critical lifeline for communities and businesses as they navigated the effects of this devasting crisis.
To begin the winter season as of the November 31 deadline, all outdoor structures were required by the city to have been removed completely; most have complied and the community breathed a sigh of relief. We looked around to see if any remained, and where they were (this is not an exhaustive inventory, and situations might change by the time you see this). We encourage patrons to please register your complaints to 311.
Roey’s Café
1 Perry Street at Greenwich Avenue, has operated an enclosed sidewalk café and roadway shed under the temporary rules, but refuses to comply with the new requirements.
4 Charles Prime Rib
4 Charles Prime Rib on 4 Charles Street at Greenwich Avenue, has operated an enclosed roadway shed under the temporary rules, but refuses to comply with the new requirements.
La Bonbonierre
La Bonbonierre at 28 Eighth Avenue, has operated an enclosed sidewalk café and roadway shed under the temporary rules, but refuses to comply with the new requirements.
Olio E Piu Café
Olio E Piu Café at 3 Greenwich Avenue and Sixth Avenue has operated a non-compliant enclosed sidewalk café and roadway shed under the temporary rules but refuses to comply with the new requirements. At night, the café reportedly expands even further in front of their neighbors’ stores.
112 and 108 Greenwich Avenue
This enclosed roadway shed, built under the temporary rules, combines a shed for both A Salt & Battery Café and the neighboring Tea & Sympathy Café at 112 and 108 Greenwich Avenue, but does not comply with the new requirements.
All photos by Brian J. Pape, AIA.
The Details are summarized:
Section 5-13(b) to clarify that if a restaurant does not apply within five months of the effective date of these rules, it must remove its temporary outdoor dining setup, and, if such setup is not removed by the restaurant, the temporary outdoor dining setup will be subject to the provisions of these rules pertaining to unlicensed use.
No license shall be granted or renewed for the operation of an enclosed sidewalk cafe at any location other than a location where an enclosed sidewalk cafe had been constructed pursuant to a permit issued by the Department of Buildings and in accordance with section 3111 of the New York City Building Code prior to March 16, 2020.
The Commissioner may order the removal of any furniture, equipment, structure or other obstruction used in connection with the operation of an outdoor dining area on the sidewalk or in the roadway by a person that is not licensed to operate a sidewalk cafe or roadway café.
