Author: Frank V

Reopening Assistance is Available

Post author By Frank V
Post date July 22, 2020

Check out the SBS NYC Business Reopening Guide and NYC Restaurant Reopening Guide to find out how you can safely reopen your non-essential business.

If you have any questions, call the SBS hotline: 888-SBS-4NYC (888-727-4692). You can also visit nycsmallbizcourses.eventbrite.com and search for “Reopening Guidelines” to sign up for an upcoming webinar to learn about State requirements, recommendations, and resources available to help businesses reopen in NYC. Upcoming workshops are available in Spanish.

What's Happening This Month

OBJECTIONS TO “ROAD DIET” PROPOSAL

Post author By Frank V
Post date July 22, 2020

REMINDER! THE COMMUNITY BOARD MEETING IS TONIGHT!

To listen-in, dial (646) 992-2010 and enter access key 1299536826 when prompted.

The NYC Department of Transportation (DOT) has a proposal that may have a negative impact on businesses, residents and shoppers within the Throggs Neck BID.

DOT is seeking to implement a “road diet” plan, which will reduce driving lanes on East Tremont Avenue from the Cross Bronx Expressway Service Road to Harding Avenue, and Harding Avenue from Emerson Avenue to Pennyfield Avenue, from four lanes to three. Drivable space will be even further reduced due to the development of a bike lane.

Community Board 10 had announced its opposition when a similar proposal was announced (and unfortunately implemented) on the portion of East Tremont Avenue from Bruckner to Westchester Square. Our neighboring community, Morris Park, successfully fought against a “road diet” plan that DOT attempted to implement in their area.

Some cities, such as Gainesville in Florida, adopted road diet proposals than subsequently abandoned them.

On 2015, Steve Lopez wrote in The Los Angeles Times:

“Road diet’ is the operative term…everything you do — from commuting, to running errands, to taking the kids to school — will be affected for decades to come. As…David Zahniser wrote, ‘The goal is to improve safety for cyclists and pedestrians while also luring more people out of their cars.’…Critics are crying about pollution from idling vehicles, potential emergency vehicle delays, accident risks and new headaches as motorists cut through residential streets to avoid road-diet backups. A Westside nonprofit called Fix the City has sued to overturn the plan, which won City Council approval in August by a 12-2 vote.”

The idea of discouraging vehicular traffic through road diet plans will not work well in a community such as ours. Those who frequent our shops and restaurants, overwhelmingly, use cars, and that is highly unlikely to change.

Community Board 10 has scheduled a CISCO WEBEX virtual meeting where you can listen-in. It will be on Wednesday, July 22 at 7:30 P.M. To listen-in, dial (646) 992-2010 and enter access key 1299536826 when prompted. Since it is a conference call, you will be muted by the host so that the presentation can occur. It is a committee meeting where we may not be able to get each person’s question and/or comment.

What's Happening This Month

COVID Impact Study

Post author By Frank V
Post date July 17, 2020

The Bronx Chamber has been working on gathering data of the impact on Bronx businesses pre and post covid19. They ask for your support to make sure their data is accurate. This data will provide the information needed by all of us to secure funding, work with our elected officials, and also to determine where we can best serve the borough businesses as a whole. The Chamber has received many request from City, State, and Federal agencies wanting to know this information.

The Chamber is respectfully urging you to please make every effort possible to fill out the survey. The survey is in various languages. They understand there is some resistance from businesses as their time is focused on getting their businesses back up and running, but this data will eventually help your districts and businesses by bringing much needed resources to our neighborhood.

The survey takes about 5-8 minutes. They have a team going to some businesses with their laptops to assist some merchants to complete the survey. They look forward to your support.

Link to survey: https://manhattan.co1.qualtrics.com/jfe/form/SV_8IKOjwelkgZn40Z

Important Announcements

Federal SBA Debt Relief

Post author By Frank V
Post date July 10, 2020

Overview

As part of its coronavirus debt relief efforts, the SBA will pay 6 months of principal, interest, and any associated fees that borrowers owe for all current 7(a), 504, and Microloans in regular servicing status as well as new 7(a), 504, and Microloans disbursed prior to September 27, 2020. This relief is not available for Paycheck Protection Program loans or Economic Injury Disaster loans. Borrowers do not need to apply for this assistance. It will be automatically provided as follows:

For loans not on deferment, SBA will begin making payments with the next payment due on the loan and will make six monthly payments.
For loans currently on deferment, SBA will begin making payments with the next payment due after the deferment period has ended, and will make six monthly payments.
For loans made after March 27, 2020 and fully disbursed prior to September 27, 2020, SBA will begin making payments with the first payment due on the loan and will make six monthly payments.

SBA has notified 7(a), 504 and Microloan Lenders that it will pay these borrower loan payments. Lenders have been instructed to refrain from collecting loan payments from borrowers. If a borrower’s payment was collected after March 27, 2020, lenders were instructed to inform the borrower that they have the option of having the loan payment returned by the lender or applying the loan payment to further reduce the loan balance after SBA’s payment.

Borrowers should contact their lender if they have any questions regarding this payment relief.

Additional Debt Relief

For current SBA Serviced Disaster (Home and Business) Loans: If your disaster loan was in “regular servicing” status on March 1, 2020, the SBA is providing automatic deferments through December 31, 2020.

What does an “automatic deferral” mean to borrowers?

Interest will continue to accrue on the loan.
1201 monthly payment notices will continue to be mailed out which will reflect the loan is deferred and no payment is due.
The deferment will NOT cancel any established Preauthorized Debit (PAD) or recurring payments on your loan. Borrowers that have established a PAD through Pay.Gov or an OnLine Bill Pay Service are responsible for canceling these recurring payments. Borrowers that had SBA establish a PAD through Pay.gov will have to contact their SBA servicing office to cancel the PAD.
Borrowers preferring to continue making regular payments during the deferment period may continue remitting payments during the deferment period. SBA will apply those payments normally as if there was no deferment.
After this automatic deferment period, borrowers will be required to resume making regular principal and interest payments. Borrowers that cancelled recurring payments will need to reestablish the recurring payment.

If you have questions about your current loan and whether or not your loan is automatically deferred, please contact your Loan Servicing Office directly using the following information:

Birmingham Disaster Loan Servicing Center:
- Phone: 800-736-6048
- Email: BirminghamDLSC@sba.gov
El Paso Disaster Loan Servicing Center:
- Phone: 800-487-6019
- Email: ElPasoDLSC@sba.gov

Lender Guidance

Procedural Notice: Implementation of Section 1112 of the CARES Act, Subsidy for Certain Loan Payments, for the 7(a) and 504 Loan Programs (4-16-20)

Procedural Notice: Additional Guidance on the Implementation of Section 1112 of the CARES Act, Subsidy for Certain Loan Payments, for the 7(a) and 504 Loan Programs (4-29-20)

Procedural Notice: Guidance on SBA’s Implementation of Section 1112 of the CARES Act Related to the SBA Microloan Program (4-16-20)

Procedural Notice: Guidance on Establishing Maturities of New 7(a) Loans Eligible to Receive Payments under Section 1112 of the CARES Act

Procedural Notice: Guidance on Establishing Maturities of New Microloans Eligible to Receive Payments under Section 1112 of the CARES Act

Important Announcements

COVID-19 Stop Work Orders

Post author By Frank V
Post date July 9, 2020

Beginning July 8, 2020, construction sites that do not follow COVID-19 safety guidance by failing to have a Safety Plan and/or affirmation posted conspicuously and available for inspection or failing to have at least one hand washing or hand sanitizing facility will be issued a Stop Work Order (SWO). A portal will be available in DOB NOW: Safety to submit SWO Rescind Requests.

SWO Rescind Requests

To rescind a COVID-19 safety guidance SWO, the applicant of the permit associated with the complaint number uses an eFiling account to login at www.nyc.gov/dobnow. The eFiling account must be associated with the license/tracking number of the permit holder. Visit www.nyc.gov/dobnowtips if you need to create an eFiling account.

Once logged in, select the Safety portal and then Violations. From the Violations dashboard select +SWO Rescind Request. Search for the complaint number by the property address or BIN number. Only COVID-19 safety guidance SWOs will be found in this portal. For any other SWO, search the Buildings Information System (BIS) and contact the issuing unit with rescission requests.

Once the complaint number is selected, +Add it to the request. Only one complaint can be submitted per SWO rescind request application. On the General Information tab indicate that the violating condition(s) has been corrected. The requestor information will be pre-populated with the eFiling account information of the person logged in. Select Save to upload supporting documents showing the condition(s) was corrected in the Documents section. Then complete the Statements & Signature section. Select Save again so that the Submit button can be selected.

Once the request is submitted, the SWO will be rescinded and a confirmation email will be sent to the permit holder. The status will be updated in BIS and the permit holder should remove the paper SWO from the site.

Subsequent SWOs for Non-Compliance with COVID-19 Safety Guidance If another SWO is issued, a new rescind request can be submitted in DOB NOW: Safety once the condition(s) has been corrected. The submission will be reviewed by DOB staff and cannot be professionally certified.

OATH Summonses Related to COVID-19 Safety Guidance SWOs In addition to a SWO, OATH summonses issued will carry an initial penalty of $5,000. Continued noncompliance may result in additional summonses with accompanying civil penalties of up to $10,000 for each offense. Rescission of the SWO does not resolve the OATH Summons that relates to the SWO. A Certificate of Correction request must be submitted to the Department’s Administrative Enforcement Unit (AEU) to resolve the OATH summons. For forms and information about resolving an OATH summons or certifying correction, visit www.nyc.gov/aeu or call (212) 393-2405.

Important Announcements

COVID TESTING DAY!

Post author By Frank V
Post date July 7, 2020

JULY 8 IS NYC’S “GET TESTED DAY OF ACTION” STOP THE SPREAD OF COVID-19

The goal is getting 175,000 New Yorkers tested for COVID-19 in a week!

Getting tested for COVID-19 is one of the best ways to help Stop the Spread and protect our loved ones. That’s why Wednesday, July 8th, we’re is #FightCOVIDNYC Day of Action!

Getting tested is safe, confidential and free. All New Yorkers should get tested, even if they do not have symptoms, to help protect our loved ones. Until we have a vaccine, making sure everyone gets tested and safely separates if they test positive is the best way to protect others and help reopen our economy.

Immigration status will NOT be requested for testing.

New Yorkers who test positive for COVID-19 will receive a call from the Test & Trace Corps to make sure that they receive care, and can safely separate to prevent the spread. Be sure to answer any calls from NYC Test+Trace or (212) numbers to get free resources and support.

What's Happening This Month

Phase 3 information

Post author By Frank V
Post date July 6, 2020

Phase 3 information from NYC

From: NYC Department of Consumer and Worker Protection (DCWP)

Get DCWP Alerts and Information During COVID-19 Crisis: For the latest information to all of our COVID-19 resources listed below and in additional languages, please visit: nyc.gov/DCWPAlerts

NYC Means Business: Reopen & Stay Safe at Work: Beginning Monday, July 6, 2020, as part of Phase 3, certain businesses can reopen in New York City. Learn more about important guidelines and requirements here: www.nyc.gov/businesstoolbox

Sidewalk Cafes: Per the Mayor’s Executive Order, certain laws and rules relating to sidewalk cafés have been suspended to administer the Open Restaurants Program. Restaurants must seek permission through this program to place outdoor seating in front of their establishment on the sidewalk, including restaurants that have been licensed for unenclosed sidewalk cafés and small sidewalk cafés. Learn more at nyc.gov/openrestaurants.

DCWP Services Available Online: To help customers follow the City’s guidance to stay home as much as possible and practice social (physical) distancing to stop the spread of coronavirus (COVID-19), the NYC Department of Consumer and Worker Protection (DCWP) will not accept in-person visits. Learn more here: https://www1.nyc.gov/assets/dca/downloads/pdf/media/DCWP-ServicesAvailableOnlineOnly.pdf

License extensions and renewals: A COVID-19 Relief Package, signed into law by the Mayor, extends the license expiration dates and renewal application deadlines covered by Emergency Executive Orders (EEO) 107 and 110. In general, the extension applies to licenses with expiration dates on or after March 12, 2020, when the Mayor first declared a state of emergency.

NEW Renewal Application Deadlines are calculated from when EEO 110 expires. Learn more: https://www1.nyc.gov/assets/dca/downloads/pdf/businesses/Does-Your-Consumer-Affairs-License-Expire-February-through-June-2020.pdf

Price Gouging: Please be advised that effective June 26, DCWP has issued a permanent rule that makes price gouging illegal for any products or services essential to health, safety, and welfare during a declared state of emergency. Learn more: https://www1.nyc.gov/site/dca/media/Face-Masks-in-Short-Supply-Due-to-COVID-19.page

Workplace Laws: NYC Workplace laws are still in effect. Learn more about employee rights and employer responsibilities here: https://www1.nyc.gov/assets/dca/downloads/pdf/workers/Complying-with-NYC-Workplace-Laws-During-COVID-19.pdf

NYC Financial Empowerment Centers: For the health and safety of our providers and clients, all Financial Counseling sessions will be conducted over the phone.

What's Happening This Month

U.S. SMALL BUSINESS ADMINISTRATION FINANCIAL ASSISTANCE

Post author By Frank V
Post date July 3, 2020

Coronavirus Funding Options

On Friday, March 27, 2020, the President signed into law the CARES Act, which contains $376 billion in relief for American workers and small businesses.

Funding Options

In addition to traditional SBA funding programs, the CARES Act established several new temporary programs to address the COVID-19 outbreak.

Economic Injury Disaster Loan Emergency Advance

This loan advance will provide up to $10,000 of economic relief to businesses that are currently experiencing temporary difficulties.

n response to the Coronavirus (COVID-19) pandemic, small business owners in all U.S. states, Washington D.C., and territories are able to apply for an Economic Injury Disaster Loan advance of up to $10,000. This advance is designed to provide economic relief to businesses that are currently experiencing a temporary loss of revenue. This loan advance will not have to be repaid. Recipients do not have to be approved for a loan in order to receive the advance, but the amount of the loan advance will be deducted from total loan eligibility. SBA will begin accepting new Economic Injury Disaster Loan (EIDL) and EIDL Advance applications on June 15 to qualified small businesses and U.S. agricultural businesses.

The new eligibility for U.S. agricultural businesses is made possible as a result of the latest round of funds appropriated by Congress in response to the COVID-19 pandemic.

Applicants who have already submitted their applications will continue to be processed on a first-come, first-served basis. For agricultural businesses that submitted an EIDL application through the streamlined application portal prior to the legislative change, SBA will process these applications without the need for re-applying.

Eligibility

On June 15, SBA will begin accepting new Economic Injury Disaster Loan (EIDL) and EIDL Advance applications from qualified small businesses and U.S. agricultural businesses.

Small business owners and qualified agricultural businesses in all U.S. states and territories are currently eligible to apply for a low-interest loan due to Coronavirus (COVID-19).

Agricultural businesses are now eligible as a result of the latest round of funds appropriated by Congress in response to the COVID-19 pandemic.

Agricultural businesses includes those businesses engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries (as defined by section 18(b) of the Small Business Act (15 U.S.C. 647(b)).
SBA is encouraging all eligible agricultural businesses with 500 or fewer employees wishing to apply to begin preparing their business financial information needed for their application.

APPLY HERE: https://covid19relief.sba.gov/#/

SBA Express Bridge Loans

Enables small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000 quickly.

Express Bridge Loan Pilot Program allows small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000 quickly. These loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing and can be a term loans or used to bridge the gap while applying for a direct SBA Economic Injury Disaster loan. If a small business has an urgent need for cash while waiting for decision and disbursement on an Economic Injury Disaster Loan, they may qualify for an SBA Express Disaster Bridge Loan.

Terms

Up to $25,000
Fast turnaround
Will be repaid in full or in part by proceeds from the EIDL loan

SBA Debt Relief

The SBA is providing a financial reprieve to small businesses during the COVID-19 pandemic.

Overview

As part of our coronavirus debt relief efforts, the SBA will pay 6 months of principal, interest, and any associated fees that borrowers owe for all current 7(a), 504, and Microloans in regular servicing status as well as new 7(a), 504, and Microloans disbursed prior to September 27, 2020. This relief is not available for Paycheck Protection Program loans or Economic Injury Disaster loans. Borrowers do not need to apply for this assistance. It will be automatically provided as follows:

For loans not on deferment, SBA will begin making payments with the next payment due on the loan and will make six monthly payments.
For loans currently on deferment, SBA will begin making payments with the next payment due after the deferment period has ended, and will make six monthly payments.
For loans made after March 27, 2020 and fully disbursed prior to September 27, 2020, SBA will begin making payments with the first payment due on the loan and will make six monthly payments.

Borrowers should contact their lender if they have any questions regarding this payment relief.

Additional Debt Relief

What does an “automatic deferral” mean to borrowers?

Interest will continue to accrue on the loan.
1201 monthly payment notices will continue to be mailed out which will reflect the loan is deferred and no payment is due.
The deferment will NOT cancel any established Preauthorized Debit (PAD) or recurring payments on your loan. Borrowers that have established a PAD through Pay.Gov or an OnLine Bill Pay Service are responsible for canceling these recurring payments. Borrowers that had SBA establish a PAD through Pay.gov will have to contact their SBA servicing office to cancel the PAD.
Borrowers preferring to continue making regular payments during the deferment period may continue remitting payments during the deferment period. SBA will apply those payments normally as if there was no deferment.
After this automatic deferment period, borrowers will be required to resume making regular principal and interest payments. Borrowers that cancelled recurring payments will need to reestablish the recurring payment.

If you have questions about your current loan and whether or not your loan is automatically deferred, please contact your Loan Servicing Office directly using the following information:

Birmingham Disaster Loan Servicing Center:
- Phone: 800-736-6048
- Email: BirminghamDLSC@sba.gov
El Paso Disaster Loan Servicing Center:
- Phone: 800-487-6019
- Email: ElPasoDLSC@sba.gov

Important Announcements

Open Restaurants Program

Post author By Frank V
Post date July 2, 2020

FROM NYC’S SBS: New York City created the Open Restaurants Program with the goal of helping businesses safely reopen by providing them the opportunity to use outdoor space to support their operations. We were able to quickly implement a program that has proven popular in the hospitality industry with more than 6,000 businesses participating so far. While we are proud of this effort we must also fulfill our duty to protect public safety on the streets. As such, on Sunday, June 28, DOT will begin enforcing the guidelines of the New York City Open Restaurants Program, focusing on roadway seating areas and ensuring they are complying with the safety requirements of the program. DOT will immediately suspend the Open Restaurants authorization for Any establishment found to be out of compliance and such establishments must cease operations in the roadway area. In these cases, all furniture and materials must be removed from the roadway and the space cannot be used again until the establishment is able to achieve full compliance to DOT’s satisfaction.

The New York City Open Restaurants Program has been in place since Monday, June 22, with updated safety guidelines issued to applicants on Wednesday, June 24. Those guidelines are included below, along with the attached brochure similarly explaining the requirements. As a reminder, the safety of diners, restaurant employees, and other street users is paramount. Restaurant owners must IMMEDIATELY comply with the following requirements for roadway seating, including the new retro-reflectivity requirement and other clarifications, OR FACE REVOCATION OF PERMISSION TO PARTICIPATE IN THE PROGRAM.

Restaurant owners must:

Create a protective barrier, such as planters or objects of similar size and weight, on all three sides of the seating perimeter that are in the roadway, to separate seating from the travel lane. Such barriers must be at least 18″ in width and 30-36″ in height (excluding plantings) on all three sides that are in the roadway, to preserve visibility for motorists and provide protection for patrons (see Siting Criteria diagram)
Place such barriers no more than 8′ from the curb (see Siting Criteria diagram)
Ensure visibility of patrons and barriers at night by clearly marking all barriers with yellow high intensity retro-reflective tape or reflectors (see Siting Criteria diagram)
Provide a ramp for ADA compliance, which can be made of non-permanent materials
Not place seating or barriers within 15′ of a fire hydrant. Doing so jeopardizes fire safety for your fellow New Yorkers.
Not place seating or barriers within 8′ of a crosswalk, to provide for safe vehicle turns and avoid crowding.
Not provide any lighting that is blinding to passing traffic
Not place seating within a No Stopping Anytime or No Standing Anytime zone, bike lane, bus lane/stop, taxi stand, or Car Share space
[Exception: For part-time No Stopping or No Standing zones, seating may be placed when those rules are not in effect. Barriers and seating must be removed from the roadway when No Stopping or No Standing is in effect.]
Only utilize umbrellas with a weighted base and such umbrellas may not extend past the barrier or obstruct access to or ventilation of utility covers

Important Announcements

Updates on Key Issues

Post author By Frank V
Post date June 29, 2020

There is a great deal to cover this week! Here is the latest from NYC:

PHASE THREE ANNOUNCEMENT

NYC is on track to enter Phase Three on Monday, July 6. In this phase, both Personal Care businesses are allowed to reopen and food establishments are allowed to offer indoor dining. Indoor capacity is limited to no more than 50 percent of the maximum occupancy for the particular area, not including employees.

Personal Care services include:

Tattoo and piercing facilities
Appearance enhancement practitioners
Massage therapy
Spas
Cosmetology
Nail specialty
Ultraviolet (UV) and non-UV tanning or waxing

Find guidance for Personal Care go to

https://www1.nyc.gov/assets/coronavirus/downloads/phase3/personal-care-services.pdf

For guidance for Indoor Dining .go to

https://www1.nyc.gov/assets/coronavirus/downloads/phase3/indoor-dining.pdf

Have any questions about reopening? Call 888-SBS4NYC or visit nycsmallbizcourses.eventbrite.com to see a full list of upcoming webinars and workshops offered at no cost

INFORMATION SOURCES FOR CONSUMER

AND WORKER PROTECTION

Get DCWP Alerts and Information During COVID-19 Crisis: For the latest information to all of our COVID-19 resources listed below and in additional languages, please visit: nyc.gov/DCWPAlerts

NYC Means Business: Reopen & Stay Safe at Work: Beginning Monday, June 22, 2020, as part of Phase 2, certain businesses can reopen in New York City. Learn more about important guidelines and requirements here: www.nyc.gov/businesstoolbox

Price Gouging: Your business cannot excessively increase the price you charge customers for any personal or household goods or any service that is needed to prevent or limit the spread of or treat the new coronavirus (COVID-19). Learn More: https://www1.nyc.gov/site/dca/media/Face-Masks-in-Short-Supply-Due-to-COVID-19.page

NYC Financial Empowerment Centers: For the health and safety of our providers and clients, all Financial Counseling sessions will be conducted over the phone. NYC Financial Empowerment Counselors offer free financial counseling to help you manage your money well at home and keep your personal and business finances separate. Our counselors can help New Yorkers manage their bills amidst the coronavirus crisis, understand student loans, and more. Book an appointment at www.nyc.gov/talkmoney

OPEN RESTAURANT ROADWAY REQUIREMENTS UPDATE

The Open Restaurant roadway requirements have been updated.

Notable Changes:

• All roadway seating must now have min 18” wide contiguous barriers (planters or something of similar weight) on all 3 sides, regardless of number of travel lanes.

• All barriers must have retroreflective tape or reflectors.

• We are allowing platform decks in roadway w/ clarity that they must be moved for utility access, etc…

• We are allowing umbrellas w/ weighted bottoms in both roadway and sidewalk areas but they may not extend past the barrier or obstruct access to or ventilation of utility covers

Who is eligible to apply to Open Restaurants?

Any food service establishment licensed by the NYC Department of Health and Mental Hygiene (DOHMH) which has business frontage on the ground floor.

When can my Establishment begin using outdoor dining?

As soon as Phase Two begins in NYC, outdoor dining will be legal, provided that restaurants follow the guidelines set by NY State and DOHMH. Establishments seeking to utilize additional public sidewalk or roadway space for outdoor dining operations must apply online at nyc.gov/openrestaurants and may commence upon self-certification.

I already have outdoor dining space, do I need to apply?

Types of outdoor dining which do not require NYC DOT approvals (but may require State Liquor Authority approvals) include:

Restaurants utilizing any privately owned outdoor space, such as front yards, side yards, rear yards or courtyards
- Restaurants utilizing private parking lots
- Restaurants utilizing balconies, terraces, or open air rooftop space
- Restaurants on open air boats
I currently have an enclosed sidewalk cafe permit. Am I permitted to seat guests within the enclosed sidewalk café next to open windows?

No. Under NY State Phase Two Restaurant Guidance, only restaurants with “outdoor space” may reopen during Phase Two. “Outdoor space” is defined as an open air space without a fixed roof (besides a temporary or seasonal awning or cover). An enclosed cafe with a permanent roof would not meet the definition.

My establishment is in a residential district, special district, or historic district where sidewalk cafes are not typically allowed, can I still apply?

Yes, you can apply. See terms and conditions in the Open Restaurant application for further details.

Can I apply if I’m on an Open Street?

Yes, establishments that are currently on an Open Streets may apply for sidewalk and/or roadway seating. To view all Open Street locations visit nyc.gov/openstreets

Is there a fee to apply to Open Restaurants?

The City does not charge any fees to apply to the program.

Do I need insurance?

Yes, the City recommends you consult your insurance broker to make sure you have the appropriate coverage for the additional seating areas.

What are the daily hours of operation?

Open Restaurant seating may be in use:

Monday-Saturday: 8am-11pm
- Sunday: 10am-11pm
What is the duration of Open Restaurants?

Roadway seating will last through September 8, 2020. Sidewalk seating will last through October 31, 2020.

Can my barriers and furniture remain in the roadway when I’m not in operation?

Yes, except when the curb lane functions part-time as a moving lane, roadway seating area may be closed to vehicles and barriers, and may remain in place 24/7 for the duration of the program. Tables and chairs must be removed or secured in place when not in use. For part-time moving lanes, all barriers and furniture must be removed during the period the curb lane functions as a moving lane.

Is the seating exclusive to my business and can I serve food?

Yes, seating is exclusive for your business and table service is allowed.

Can I serve alcoholic beverages in the outdoor dining area?

Yes, if you are licensed by the State Liquor Authority and submit all appropriate documents.

Can I use the seating area for performances or other types of activity?

No. The program is for outdoor dining only at this time.

Are street vendors allowed to use the curb lane or sidewalk?

Yes, as long as they comply with all applicable vending laws and rules, and all health guidance.

Is Open Restaurant Seating ADA accessible?

Yes, the City requires all Open Restaurant seating to be ADA compliant. Visit MOPD’s Small Business Resources page for guidance.

How does the Alternate Side Parking (“ASP”) regulation impact seating in the roadway and what do I do if there are utility covers in the seating area?

ASP spaces are available for Open Restaurant use, provided all other requirements are met. By participating in the program, you are taking responsibility for maintaining the cleanliness of the roadway curb space in front of your business. Curbside drainage and access to and ventilation of utility covers must not be impeded, and at all times, the seating area must be in a clean, neat and safe condition.

Can I use elements besides furniture, barriers, and ramps?

No, not at this time.

There is not much space in front of my building, and the owner of the building next door is willing to let me use their space for tables. May I add tables and extend into their property?

No. At this time, only the frontage in front a restaurant is being made available. As the program is monitored over the next several weeks, additional space opportunities may become available.

Can I use the plaza in front of my business?

Restaurants can work with their local BID and NYC DOT to request additional seating in plazas by emailing Plazas@dot.nyc.gov.

Can I apply for roadway seating if there is a bus stop or bike lane in front of my business?

Yes, you may apply. However, roadway seating may not be placed in a bus stop, bus lane, bike lane, taxi stand, Car Share parking space, or vehicular moving lane. Roadway seating may be set up in a floating parking lane in front of an approved business per the diagram below.

…

What if something is already installed on the sidewalk and/or curb lane in front of my establishment, such as a bike corral or Citi Bike station?

The City will not remove nor relocate street furniture.

Can I add lighting to seating areas?

Yes, provided lighting is not blinding to passing traffic and complies with NYC Fire Department Open Flame and other applicable Fire Codes. Restaurants many not run power cords or other items across the sidewalk to the roadway seating.