NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7598
SPONSOR: Simone TITLE OF BILL:
An act to amend the general municipal law, in relation to year-round
outdoor dining
PURPOSE OF THE BILL:c
This bill bars seasonal requirements for outdoor dining, meaning restau-
rants can operate outdoor dining facilities year-round.
SUMMARY OF PROVISIONS:
Section one adds section 96-c to the general municipal law that would
require municipalities to allow year-round outdoor dining, and defines
the terms of the bill
Section two sets the effective date.
JUSTIFICATION:
During the COVID-19 pandemic, outdoor dining provided a lifeline for
restaurants. In New York City, Outdoor dining created 11,720 jobs,
resulting in $373 million of total annual wages, and generated $9.6
million annual income tax to the City at its peak. It also was extremely
popular, with many New Yorkers utilizing outdoor dining facilities to
eat at their favorite restaurants even after restrictions on indoor
dining ended. However, in 2023 Mayor Eric Adams and the New York City
Council restricted the ability of restaurants to operate outdoor dining,
setting a season where outdoor dining can operate.
These restrictions heavily curtailed the number of places that offered
outdoor dining because of the expense of putting up facilities, taking
them down at the end of the season, and storing them over the winter.
These burdensome costs and requirements harm smaller businesses as well
as city and state equity goals for small businesses. Instead of dealing
with this financially burdensome and arduous process, restaurants are
instead opting to not have any outdoor dining. Compounding these
burdens are the "solutions" offered by the city, such as $1000 a month
outdoor dining rentals that are out of reach for the vast amount of
businesses that want to take part in outdoor dining but can't afford to.
We should be making it easier, not more difficult, for restaurants to
provide these popular services. This bill would support outdoor dining
by requiring municipalities that.allow outdoor dining to not have a set
season, so that restaurants that wish to operate outdoor dining year
round can. This in turn would support local businesses and restaurants
and foster community environments.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7598
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to year-round
outdoor dining
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 96-c to read as follows:
3 § 96-c. Year-round operation of sidewalk and roadway cafes. 1. The
4 governing board of any city, town or village which, by local law, ordi-
5 nance or resolution, permits and/or regulates the establishment and
6 operation of sidewalk cafes and/or roadway cafes within such munici-
7 pality shall permit such facilities to operate year-round.
8 2. For the purposes of this section:
9 (a) "roadway cafe" shall mean an open-air portion of a ground floor
10 restaurant containing readily removable tables, chairs and other remova-
11 ble decorative items, which is located in the curb lane or parking lane
12 of a roadway fronting the restaurant; and
13 (b) "sidewalk cafe" shall mean a portion of a ground floor restaurant
14 located on a public sidewalk or sidewalk widening fronting the restau-
15 rant.
16 3. Nothing in this section shall prohibit a municipality from enacting
17 laws, ordinances or regulations which provide for public health and
18 safety relating to the operation of sidewalk and roadway cafes includ-
19 ing, but not limited to, street cleaning, abandonment of a roadway cafe,
20 structural design, snow removal, or ensuring a clear path for pedestrian
21 access.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11183-02-5
