After navigating the challenges of the Open Restaurants program during the pandemic, many Bronx restaurateurs are steering clear of the city’s new permanent Dining Out NYC program, citing high costs, complex regulations, and a lack of faith in the system.
Ken Alcaron, the owner of an Ecuadorian restaurant in the Bronx who set up an outdoor dining structure during the pandemic, decided not to apply for a permit, citing a bad experience with the Open Restaurants program.
Alcaron, whose restaurant Maravillas Bar and Grill is located on Soundview Avenue, said he invested over $20,000 into outdoor dining structures only to face constant scrutiny and enforcement from the city.
“Little by little the city started to come and give us problems,” Alcaron said, adding that he was forced to make two additional upgrades, totaling around $7,000. Last summer, the Department of Sanitation removed his structure without warning.
“Imagine you spend $27K and they take it out of nowhere,” Alcaron said. “It’s like they punched me in my mouth.”
For Alcaron, who has run his restaurant for over a decade, the financial burden and regulatory hassle of the Dining Out NYC program outweighed the benefits. “I’d rather reinvest into the business than just throw money away,” he explained.
Alcaron’s decision reflects a broader trend among Bronx restaurants. According to the Department of Transportation (DOT), only 116 out of over 3,500 applications for sidewalk and roadway dining citywide came from Bronx establishments — a mere 3.2%. Although this represents a significant increase from the 22 Bronx restaurants that had pre-pandemic sidewalk cafes, it’s a sharp drop compared to the 698 eateries that participated in the pandemic-era Open Restaurants program, suggesting a steep decline in outdoor dining.
Andrew Rigie, Executive Director of the New York City Hospitality Alliance, called on the city to examine the disparity. “It’s great the Bronx had a big increase in outdoor dining applications compared to the number of pre-Covid sidewalk cafes, but it’s still a drop from pandemic-era highs,” Rigie said. “The city should analyze why, consider changes to some rules, fees, and application procedures to ensure restaurants in the Bronx who want to offer outdoor dining, can and do.”
This 83% reduction in outdoor dining options—from 698 to 116—is not just a hospitality issue, but also one of equity. A 2022 study by the NYU Wagner Graduate School of Public Service found that communities of color doubled their share of outdoor dining spaces under the Open Restaurants program, expanding access to public space.
Yet, the pandemic-era program had its issues — unsanitary and abandoned dining structures were a frequent complaint, and some Bronx residents objected to the loss of parking spaces. The Adams administration began removing abandoned sheds in August 2022.
Under the new Dining Out NYC program, restaurants face a flat application fee for a four-year license and an annual “revocable consent fee” based on square footage, with rates varying by city sector.
The Bronx falls primarily into the lowest-priced sector, though some high-traffic areas are in the second tier. Restaurants are also responsible for compliance costs, including materials and construction for outdoor setups. Moreover, those with roadway cafes must dismantle them in the fall and reconstruct in the spring, adding further financial strain. Additionally, there are separate liability insurance requirements that each restaurant must carry.
Still, some restaurateurs are committed to outdoor dining for community enrichment. Paul DiSilvio of Funici A’pizza and O’caffe on historic Arthur Avenue continues to maintain outdoor seating, despite the financial cost. “We are probably losing money doing it,” DiSilvio said. “But I happen to think it helps the neighborhood.”
DiSilvio acknowledges that future fees may rise but remains hopeful about the benefits for the area’s walkability and charm.
Other Bronx restaurant owners welcome the new program, seeing it as an improvement over past regulations.
Omar Canales, Operations and Brand Manager for Seis Vecinos, a family-owned Central American and Mexican restaurant in the South Bronx, described the arduous process of applying for a sidewalk cafe license pre-pandemic. Despite hiring an attorney and spending over $10,000, but still didn’t get a sidewalk cafe license.
“It was one of the few blessings that came out of the unfortunate situation which was the pandemic,” Canales said about the Open Restaurants program, which finally allowed them to offer outdoor dining.
Seis Vecinos applied early—in May—for sidewalk dining under Dining Out NYC, but the process has been slow; they have completed only three of the eight required milestones.
“There are a lot of steps in this new Dining Out NYC permit,” Canales noted. “But it at least is giving restaurants like ours an opportunity to apply, as opposed to the old license which made it near impossible to apply not just for our restaurant, but for many restaurants.”
However, Canales decided against maintaining the restaurant’s roadway dining structure due to the seasonal teardown and reconstruction requirements. “The maintenance is just a whole other animal.”
