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Deadline arrives for NYC restaurants to remove roadway outdoor dining sheds

Deadline arrives for NYC restaurants to dismantle street dining sheds
Deadline arrives for NYC restaurants to dismantle street dining sheds 01:43

NEW YORK -- Outdoor dining sheds across New York City had to be taken down Friday as the new Dining Out NYC rules for restaurants went into effect. 

Otherwise, restaurant owners may face fines of up to $1,000 per violation once the Black Friday deadline passes. 

Dining Out NYC allows outdoor dining structures on streets from April-November

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An outdoor dining shed at First Avenue in Manhattan on March 6, 2024. CHARLY TRIBALLEAU/AFP via Getty Images

Under the city's new law, roadway dining structures are permitted between April 1 and November 29 only. Outdoor sidewalk cafes, however, can still operate year-round.

Restaurants must now apply for an outdoor dining permit and abide by strict rules, which include ensuring the structures are easy to assemble and remove. The permits can be applied for at any time.  

The New York City Department of Transportation is overseeing the rollout of the new outdoor dining program. So far, the department has received over 3,600 applications -- more than double the amount in the program before COVID.

Some New Yorkers said the dining sheds were a nuisance, attracted rats, cluttered sidewalks and took away valuable parking spaces. 

Some restaurant owners said the structures, which went up during the COVID pandemic, were (and still are) a vital lifeline to bolster seating and bring in more revenue. 

Restaurant owners may face steep fines for leaving up sheds

As the clock ticks on restaurant owners to remove their roadway outdoor dining setups, which have been a common sight in all five boroughs for years now, some may not be able to meet the deadline. 

"We're gonna take it down by the next Friday," said Eric Lima, a manager at Old John's Luncheonette on the Upper West Side. 

The dining shed sits comfortable on West 67th Street, as it has for three years. The owner said he hasn't found a demolition company yet and may be fined by the city every day it remains up.

Fines start at $500 for the first offense and $1,000 for each one after. 

"Even he was thinking about paying the penalty to keep it, but it's going to be too high for us to afford it," Lima said.

Old John's Luncheonette paid $25,000 to put up the shed and it will cost about $20,000 to demolish. Lima said the owner will reapply for outdoor dining and have a collapsible shed next year. 

Restaurants with permits can reconstruct their outdoor dining setups on April 1, 2025.

Outdoor dining permanent in New Jersey

New Jersey Gov. Phil Murphy, meanwhile, signed legislation earlier this week making outdoor dining in the Garden State permanent.

Regulations cover restaurants, bars, breweries and other establishments.

Businesses with temporary permits can now get permanent ones and renew them annually.

Murphy said outdoor dining has proven to be beneficial to both businesses and consumers.

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