Catching Up With Outdoor Dining

By Brian J. Pape, AIA, LEED-AP

Over a year ago, the new permanent city rules for outdoor dining were hammered out with the hospitality industry lobbyists. Since then, the community has worked with restauranteurs and barkeeps to comply with the rules. For the past year, the Department of Transportation has notified everyone about the simplified rules. They provided clear illustrations of what is allowed, and even organized a marketplace where proprietors can purchase a standard set up kit. There have been special details to work out for each unique location, but overall, the rules are uniform and have been uniformly applied.

In a neighborhood that has the highest density of bars and restaurants in the entire city, on top of the smallest streets and sidewalks, it was not an easy fit. But what could make this situation even worse? Operators who ignore or openly flaunt the rules.

In the new 2025 dining out season, with warming temperatures, we have documented the operators with sidewalk café seating that violate the clear standards.

• No sidewalk seating may have any attachment or support of structures resting on the sidewalks.
• Set-ups must be light and portable for cleaning every night. A barrier must be set-up around the seating area to avoid tables and chairs from “migrating” into the reserved pedestrian pathway. That means no wait-service from outside the barricades that interferes with pedestrian flow, and no “host stations” on the sidewalk.
• The area along the curb in the “amenity zone” may never have seating or obstacles installed there.

As we go to press, we show examples of structures that do not comply with the rules. Some have been recently built; some have been kept in operation before the new rules were finalized. This hurts everyone. Even law-abiding operators are penalized by the scofflaws who “steal” patrons from those who comply with the rules. When Village View sees those situations, we ask our readers to do their part to protect our neighborhood. Please call 311 to file complaints (don’t confront the operators or wait staff!).

Lupe’s at the corner of Sixth Avenue and Watts Street refuses to remove their improper structures on the sidewalk. Note the signboard in the “amenity zone” where it doesn’t belong.

Fatousha Restaurant at the corner of Seventh Avenue South at Commerce Street has improper structures on the sidewalk as well as plastic sheathing and garish advertisements.

Judy Z’s at the corner of Seventh Avenue South and Carmine Street refuses to remove the improper structures on the sidewalk many months after they were required to take them down. Note the shed beyond the corner where it doesn’t belong. A huge business bus seems permanently parked on Carmine Street.

La Bonbonniere at 28 Eighth Avenue refuses to remove their improper structures on the sidewalk. The entire storefront has a makeshift roof with posts over the sidewalk where it doesn’t belong.

Sveta at 64 Carmine Street has improper structures on the sidewalk including an illegal roof.

Codino at 62 Carmine Street has improper structures on the sidewalk. Note the tables and chairs where they don’t belong.

Le Petit Village on Seventh Avenue South at Perry Street promised to be a better operator than the one before it (Baby Brasa). Yet, we see no delineating barriers and the seating extends beyond their storefront, in front of the neighbor property.

Cucina Carlina at 455 Hudson Street has improperly placed a table and chairs on the “amenity zone” of the sidewalk. Note an umbrella in the “amenity zone” and another that extends beyond the café seating.

Jeffrey’s at the corner of Waverly Place and Christopher Street has repeatedly placed tables and chairs out in the “amenity zone.” They don’t leave a proper pedestrian path on the sidewalk.

Fiddlesticks on 56 Greenwich Avenue has no delineating barriers, and the seating improperly extends beyond their storefront, in front of the neighbor property, and into the “amenity zone.”

Daddies at 450 Hudson Street crowds the sidewalk on both sides, with no delineating barriers, and the seating extends beyond their storefront, in front of the neighbor property.

Ofrenda on 113 Eighth Avenue South has no delineating barriers, and the seating extends beyond their storefront, in front of the neighbor property, and into the “amenity zone.”

AD HOC Perhaps the most egregious crowding is shown here on Christopher Street near Gay Street where the Ad Hoc seating is improperly placed in the “amenity zone,” and extends beyond their storefront, in front of the neighbor property.Pedestrians are forced into the street.

All photos: Brian J. Pape, AIA