The City Council of New York is set to make outdoor dining a permanent feature in the city, but with some new restrictions and challenges for restaurant owners. The bill, which is expected to be passed on Thursday, will allow restaurants to continue offering outdoor dining in roadways under a new licensing system, but only during certain months of the year. Owners will be required to dismantle street-based outdoor dining structures by November 30th and only erect them again on March 31st. Sidewalk cafes, on the other hand, will be allowed year-round.

The aim of the bill is to strike a balance between preserving the popular al fresco dining program and regulating it more closely. It will also address the issue of abandoned or unsightly dining sheds. Mayor Eric Adams, a vocal supporter of the bill, is expected to sign it into law. The move comes after a judge recently cast doubt on the legality of the emergency outdoor dining program that was implemented at the start of the pandemic.

However, some restaurant owners have expressed concerns about the new regulations. They argue that removing and storing outdoor dining structures during the winter months will be costly and take away a dining option for patrons. There are also concerns about job stability for restaurant workers during the winter without the business from outdoor dining.

Under the bill, the city's Department of Transportation will set basic design guidelines for outdoor dining structures. Restaurants will be allowed to offer outdoor dining from 10 a.m. until midnight and will be required to pay fees based on their location and square footage. There will also be a phase-in period for compliance, which could extend until November 2024.

If passed, the bill would likely reduce the current footprint of outdoor dining, which has expanded significantly since June 2020. Councilmember Marjorie Vel??zquez, who sponsored the bill, described it as a compromise after months of difficult negotiations. She hopes that a niche market will develop for companies that build and sell modular outdoor dining structures at a reasonable price for restaurants to use during the off-season.

The bill also includes additional requirements for restaurants in historic districts or at landmark sites, who will need approval from the city's Landmarks Preservation Commission for their outdoor dining sites.

While the bill is not without its flaws, many see it as an important step towards making outdoor dining a permanent and cherished feature of New York City. It is seen as a way to transform the streets into more than just thoroughfares for traffic and create a vibrant, clean, and safe streetscape. However, there are concerns that the new rules may favor larger, more financially stable restaurants, leaving smaller establishments at a disadvantage.