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
