Manhattan CB5 liquor committee backs proposed outdoor dining rules

A year-round cafe can change how much sidewalk remains. Manhattan Community Board 5’s State Liquor Licenses & Permits Committee voted unanimously to submit comments on proposed Department of Transportation rules for year-round outdoor dining. The rules implement Local Law 143. Seth Born said written comments were due by 5:00 p.m. on November 9, before the full board’s November 12 meeting. The vote concerned DOT’s proposed regulations, not the law itself.

Melissa outlined requirements for roadway cafes that operate through winter, including design standards and a ban on using cafe space for storage when customers are not being served. The proposal would shorten some permitted hours to midnight or 11:00 p.m. It also addresses sidewalk cafe placement, including an 8-foot pedestrian-clearance concept and setbacks near crosswalks. The proposed enforcement schedule lists 36 new, separate violations. One member supported year-round roadway dining but questioned whether year-round sidewalk dining fits the neighborhood’s sidewalks.

The CB5 liquor committee agreed to broadly support the rules while pressing DOT to protect clear paths and ADA access. Its letter will call for transparent enclosure materials that preserve sightlines, proactive inspections and attention to what year-round fees mean for smaller businesses. Seth Born summarized similar concerns from a letter attributed to Council Member Brewer. Members discussed whether the proposal changed community board review, but identified no specific change.

Manhattan Community Board 5’s State Liquor Licenses & Permits Committee unanimously recommended conditional support for a liquor license at 59 West 21st Street. Residents opposed the application, citing late-night noise, trash, crowds and limited police resources. The applicant’s attorney, Phil Dorn, described it as a transfer for a longtime nightlife venue whose new owners plan improvements. He said they were working with acoustical engineers on additional sound mitigation.

The applicant sought 4:00 a.m. closings on Wednesday through Sunday. Members weighed those hours against the location’s history as a nightlife venue and the neighborhood opposition. The applicant said much earlier closings would not support its business model but expressed willingness to compromise. The proposal included a partial kitchen, a DJ, private security and up to 25 events per year.

The CB5 liquor committee’s recommendation is to deny the application unless the applicant accepts 1:00 a.m. closings on Monday, Tuesday, Wednesday and Sunday; 2:00 a.m. on Thursday; and 4:00 a.m. on Friday and Saturday. Standard stipulations, including soundproofing- and security-related commitments, are part of the recommendation. Seth Born said it would go to the full board on November 12, with an affidavit reflecting the agreed terms to follow.