Sidewalk vs. Roadway Seating for Outdoor Dining

Restaurant owners face important decisions when choosing between sidewalk and roadway seating for outdoor dining. Both options offer distinct benefits and challenges that can significantly impact customer experience, safety, and operational efficiency.

Historical Background

Outdoor dining has deep historical roots, with its modern popularity in cities like New York stemming from European influences. The trend of dining al fresco became a staple in cities like Paris and Rome in the 19th century, eventually spreading to the United States. In New York City, outdoor dining saw significant growth in the late 20th century, driven by urban renewal and a growing appreciation for open-air activities. The COVID-19 pandemic further accelerated this trend, as emergency measures expanded outdoor seating options to support local businesses during indoor dining restrictions. The transformation was rapid, and outdoor dining quickly became an integral part of the city's culinary scene.

What is Sidewalk Seating?

Sidewalk seating is the use of the sidewalk adjacent to a restaurant for outdoor dining. It requires adherence to local regulations regarding pedestrian access, safety, and accessibility. This setup benefits from proximity to the restaurant and existing utilities but is limited by sidewalk width and municipal codes.

Pros:

• High Visibility & Pedestrian Access: Sidewalk seating places diners right next to pedestrian traffic, which naturally draws attention from passersby. This visibility can lead to an increase in walk-in customers and spontaneous diners. Additionally, the close proximity to the sidewalk makes it easier for customers, especially those with mobility issues, to access the seating area.
• Enhanced Safety: With sidewalk seating, diners are farther from moving vehicles, reducing the risk of accidents. The seating area is less exposed to the dangers of traffic, making it a safer environment for patrons. This sense of safety can make sidewalk seating more appealing, particularly for families with children.
• Convenient Access to Utilities: Because sidewalk seating is closer to the main building, it is easier to extend utilities like heating, lighting, and power to the outdoor area. This proximity allows for a more comfortable dining experience, especially in the evenings or during cooler weather.

Cons:

• Limited Space: Sidewalks in urban areas are often narrow, which can significantly limit the number of tables and chairs that can be placed outside. This limitation can reduce the potential seating capacity, making it difficult to serve a large number of customers at once.
• Pedestrian Congestion: High foot traffic can lead to congestion around the seating area, potentially disturbing diners. In busy areas, pedestrians might need to navigate around tables and chairs, leading to a less pleasant experience for both diners and passersby.
• Strict Regulations: In NYC, obtaining a permit for sidewalk seating involves navigating a complex regulatory environment. The city enforces strict guidelines on space usage, accessibility, and safety. Non-compliance with these regulations can result in fines, making it crucial for restaurant owners to adhere to all requirements.

What is Roadway Seating?

Roadway seating converts part of a street or parking space into an outdoor dining area. It offers greater space and a unique ambiance but demands protective barriers for safety and compliance with additional permits and regulations. This option presents more significant operational challenges than sidewalk seating.

Pros:

• Increased Seating Capacity: Roadway seating typically offers more space than sidewalks, allowing for a greater number of tables and diners. This increased capacity can be particularly beneficial for restaurants looking to maximize their outdoor dining area, especially during peak times.
• Flexible Layout Options: The larger space available in roadway seating areas provides more flexibility in how tables and chairs are arranged. Restaurant owners can create more spacious and comfortable seating arrangements, which can enhance the overall dining experience.
• Trendy Dining Experience: Roadway seating has become a popular trend, offering a unique dining experience that stands out. The novelty of dining in a space usually reserved for vehicles can attract customers looking for something different, contributing to a vibrant and dynamic atmosphere.

Cons:

• Safety Concerns: Proximity to moving traffic is a significant concern with roadway seating. Even with protective barriers in place, the risk of accidents is higher compared to sidewalk seating. Noise from traffic and exposure to pollution can also detract from the dining experience, making it less enjoyable for customers.
• Logistical Challenges: Serving customers in a roadway seating area can be more complicated. Staff need to transport food and beverages across the sidewalk and into the roadway, which can be challenging, especially during busy periods. The distance from the main building also makes it harder to provide amenities like heating and lighting.
• Weather Vulnerability: Roadway seating is more exposed to the elements than sidewalk seating. Wind, rain, and temperature fluctuations can impact the comfort of diners, making it essential to have appropriate weather protection measures in place.

Permit Costs and Licensing Process

When discussing permit costs and licensing for outdoor dining, it's important to understand that each city has its own set of rules, fees, and processes. New York City stands out as an ideal example due to its highly developed outdoor dining culture and long-standing history of managing public spaces for commercial use. By examining NYC, we can gain insights into the complexities and considerations that restaurant owners must navigate, which can be reflective of the challenges in other urban areas, though each city will have its unique approach and regulations.

Let’s talk about the nitty-gritty details of securing permits for outdoor seating in NYC. You might be wondering: “What exactly does it take to get these permits, and how much will it cost me?”

Well, securing permits for sidewalk or roadway seating in NYC involves several costs and a bit of paperwork. First, there’s the License Fee, which is $1,050. This fee is paid every four years, covering either sidewalk or roadway seating. But that’s just the start.

Next, you’ll need to consider the Public Hearing Fee, which can go up to $1,000. This fee varies depending on the complexity of your application and the location of your restaurant. The hearing itself is part of the process where you’ll get a chance to present your plans and address any concerns from the community.

Then, there’s the Security Deposit: $1,500 for sidewalk seating or $2,500 for roadway seating. This deposit is necessary to cover any potential damages or violations that might occur.

But there’s also the Revocable Consent Fee. It's determined by the location of your restaurant within the city's four distinct zones. These zones are categorized based on factors like real estate values, foot traffic, and demand for public space. The fee ranges from $6 to $31 per square foot for sidewalk seating and $5 to $25 per square foot for roadway seating, reflecting the varying value of public space across different areas of the city. This zoning ensures that the cost aligns with the commercial potential and public demand in each location.

The process doesn’t stop with fees. You’ll need to submit detailed plans, attend public hearings, and comply with the city’s regulations on space usage, safety, and accessibility. Yes, it’s a bit of a hassle, but these steps ensure that your outdoor seating area is safe, accessible, and beneficial for both your business and the community.

Here are the official pages where restaurant owners can find information about fees and regulations for sidewalk and roadway seating in major US cities:

1. New York City:
   Dining Out NYC: https://diningout.nyc.gov/application/

2. Chicago:
   Public Way Use Permits - Chicago: https://www.chicago.gov/city/en/depts/bacp/supp_info/public_way_usepermits.html

3. Boston:
   Outdoor Dining Program - Boston: https://www.boston.gov/departments/small-business-development/outdoor-dining

4. Philadelphia:
   Sidewalk Café License - Philadelphia: https://www.phila.gov/services/permits-violations-licenses/apply-for-a-license-or-permit/apply-for-a-business-license/apply-for-a-sidewalk-cafe-license/
   Outdoor Dining Program - Philadelphia: https://www.phila.gov/programs/outdoor-dining/

5. Seattle:
   Street Use Permits - Seattle: https://www.seattle.gov/transportation/permits-and-services/permits/street-use-permits/outdoor-seating

6. San Francisco:
   Shared Spaces Program - San Francisco: https://sf.gov/shared-spaces-program
   Public Works Sidewalk Café: https://sfpublicworks.org/services/permits/sidewalk-caf%C3%A9

7. Los Angeles:
   LA Al Fresco Program: https://streetsla.lacity.org/ladot-la-al-fresco
   Public Works Bureau of Engineering: https://engpermits.lacity.org

8. Austin:
   Outdoor Seating Guidelines - Austin: https://www.austintexas.gov/department/outdoor-seating-permits
   Austin Center for Events: https://www.austintexas.gov/ace

9. Miami:
   Sidewalk Café Permit - Miami: https://www.miamigov.com/Services/Permits-Sidewalk-Cafe
   Outdoor Dining Regulations - Miami Beach: https://www.miamibeachfl.gov/city-hall/code-compliance/outdoor-dining-guidelines/

Conclusion

Sidewalk and roadway seating each present unique benefits and challenges that can significantly impact the success of an outdoor dining space. Many restaurant owners in NYC are finding that incorporating both seating types allows them to maximize their outdoor space and offer diverse dining experiences. Sidewalk seating is often safer, more accessible, and better integrated with utilities, though it may be constrained by space and regulations. In contrast, roadway seating offers more space and a distinctive atmosphere but comes with greater safety risks and operational hurdles. By strategically combining both types, restaurant owners can better navigate the associated costs, licensing requirements, and logistical considerations to enhance their business.