On the same day the state announced indoor dining will be suspended starting this upcoming week, the city has issued new guidelines about outdoor dining and snow removal this winter, clarifying when restaurants will or will not be allowed to stay open during inclement weather.
The Department of Sanitation will issue two kinds of advisories this winter: Winter Operation Advisory will happen when some snow, ice or winter weather is in the forecast, but is generally under an inch of total accumulation. A Snow Alert will be issued when an inch or more of snow or ice is in the forecast.
During a Winter Operations Advisory, restaurants can continue to serve food outdoors as long as restaurants take steps to protect diners, staff and property. That includes using snow sticks to increase visibility; regularly removing snow and ice from sidewalks, and clearing paths to crosswalks if applicable; and keeping fire hydrants accessible. They also note that it is illegal to push snow into the street, but may be placed at the curbline.
If a Snow Alert is issued, restaurants must close, and all tables and chairs should be removed or secured, electric heaters should be removed, and the tops of structures should be removed, if possible. If 12 inches or more of snow is expected in the forecast, restaurants are expected to “remove or consolidate structures, including barriers, to take up as little space as possible.”
The DOT also noted that because there are fewer sanitation workers this year due to pandemic cuts, there will be a decrease in garbage pickup whenever there’s major snow: “Remember, the Sanitation Worker who collects trash and recycling is the SAME Sanitation Worker who prepares the equipment and salts and plows streets—and the Department can’t do both functions at the same time,” they say. “Trash and recycling pickup will be affected as our collection trucks become snow plows—and as plows turn back to collection trucks post-storm.”
The new guidance on outdoor dining comes at a crucial point for the city’s restaurant industry. On Friday, Governor Andrew Cuomo announced that indoor dining would be shut down in the five boroughs starting Monday because of concerns over rising hospitalization rates amidst a surge in COVID-19 cases recently.
“In New York City, you put the CDC caution on indoor dining together with the rate of transmission and the density and the crowding, that is a bad situation,” Cuomo said during a press conference Friday. “The hospitalizations have continued to increase in NYC. We said we would watch it, and if the hospitalization rate didn’t stabilize we would close indoor dining. It has not.”
Since the end of September, city restaurants have been allowed to be open indoors at 25% capacity, less than the 50% capacity permitted in other parts of the state. Owners have said that takeout and outdoor dining, while popular, would not be enough to sustain their businesses through the winter.
Knowing that indoor dining might be placed on pause, restaurants have been scrambling to come up with ways to attract customers to dine outdoors in the colder weather. That includes buying heaters, constructing various tents and adding plastic bubbles, and trying to get New Yorkers to “think of it like you’re actually going out to tailgate, so dress appropriately.”
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