New legislation would create a year-round roadway cafe license, letting operators winterize seating with removable coverings instead of shutting down each November.
The City Council’s approved an amended bill Wednesday 35-5 that would let roadway cafes operate all year, adding a permanent year-round license category alongside the existing seasonal one.
Int. 0655-2026, sponsored by Council Member Lincoln Restler and ten colleagues, updates the 2023 law that created the city’s current outdoor dining program. The committee passed an amended version, designated 655-A, after a hearing Wednesday and the Council approved the bill as part of a larger package of public realm improvements. “Too many restaurants and cafes have been locked out of our roadway dining program by unnecessary red tape and seasonal restrictions,” said Council Member Lincoln Restler. “We are transforming the public realm by making it easy for thousands of restaurants to offer roadway dining.”
What Changes
Under the current law, roadway cafes, the ones set up in the curb or parking lane rather than on the sidewalk, must be open-air and are effectively seasonal. The bill splits roadway cafes into two license types: seasonal (April 1 to November 29, matching today’s rules) and year-round. Year-round operators would be allowed to add a removable vertical winterization covering attached to an overhead structure during the winter months, something not currently permitted.
Restaurants already operating a roadway cafe as of August 15, 2026, or that had a public hearing scheduled before November 29, 2026, would be grandfathered in as an “existing roadway cafe” and could apply for a one-year interim license to operate year-round while their formal consent conversion is pending. That interim license costs $630 a year, on top of the standard license fee.
“As a former restaurant owner, I know firsthand how difficult and costly it is to own and operate a small business in New York City. At a time when families and entrepreneurs are facing rising costs, government should be making it easier to succeed,” said Speaker Julie Menin.
The bill also bars operators from using their roadway cafe space for storage or anything other than serving customers during operating hours, and requires a minimum 15-foot emergency travel lane to stay clear along any roadway with a cafe consent, though the Department of Transportation can approve a narrower lane if it finds that consistent with public safety.
The committee approved the amended bill and then the full Council approved the bill August 13. CM Won was not at the vote, due to unknown medical issue. The law immediately takes effect.
