NYC Extends Open Storefronts Through September 30, 2021

By Andrew Pisani

Building on the success of the Open Streets: Restaurants program, New York City has extended the Open Storefronts program through September 30, 2021. The program, which operated as a pilot in November and December, allows ground-floor storefront businesses to use outdoor areas on a temporary basis.

Eligible businesses may conduct activity on sidewalks, on roadways through the Open Streets: Restaurants program, or a combination of the two. In addition to retailers, repair stores, personal care services, and dry-cleaning and laundry services may use outdoor space for seating, queuing, or display of dry goods. Businesses may also sell pre-packaged food on sidewalks, while restaurants are allowed to use sidewalks for take-out orders.

Guidelines for Sidewalk Activities

When conducting business on sidewalks, businesses must comply with the following criteria:

Objects placed on the sidewalk must be positioned against the wall of the business (or as close as possible) and cannot extend more than 5 feet from the external facing wall.
Sidewalk objects and activities may not extend beyond the business frontage.
Businesses must leave a clear, 8-foot path for pedestrians. (Parking meters, traffic signs, and tree pits without tree guards are exempt; all other above-grade structures are considered obstructions.)
Eligible activities must take place within 5 feet of the external facing wall of the business.
Outdoor objects must be positioned at least 3 feet from adjacent restaurants—or at least 1 foot away from other participating businesses.
Outdoor objects, including goods, cannot block subway grates, fire hydrants, utility hardware, Siamese water connections, bus stop waiting areas, subway entrances, or fire exits.
Shared vault entrances can only be blocked in coordination with other tenants.
Objects cannot block doors, including entrances and exits to other spaces, nor can they block shared driveways or garage entrances.
Outdoor merchandise cannot extend more than 5 feet above sidewalk level.
Collapsible tents and umbrellas with a weighted base must be installed according to the manufacturer’s instructions, with at least 2 sides open. Area under tents and umbrellas—either single or combined—cannot exceed 400 square feet.
Tents and umbrellas should not be used during inclement weather, such as high wind conditions.
Applicants must provide outdoor objects and goods, including tents and umbrellas, and remove these items from the sidewalk outside operating hours, excluding stoopline stands (compliant with current regulations). Permanent structures cannot be built or placed on the sidewalk.
Eligible businesses who can currently display merchandise as-of-right or with a stoopline stand license do not need to certify under Open Storefronts for existing eligible merchandise.

Guidelines for Street Activities

Eligible businesses located on Open Streets: Restaurants corridors must abide by the following criteria:

Participants must provide a 15-foot emergency lane, which can include bike lanes. If a particular roadway does not permit a 15-foot clearance, businesses must secure approval from the NYC Department of Transportation (DOT) and Fire Department of New York (FDNY) to ensure emergency access at all times.
Eligible activities may be conducted on the roadway up to the 15-foot emergency lane for the duration of the temporary street closure.
Objects placed in the road must not extend beyond the width of business frontage, and they must be positioned at least 15 feet from a hydrant and 8 feet from a crosswalk.
Individual businesses must mark their footprint with a barrier element, which must be removed at the end of each day.
Applicants must provide any outdoor objects and goods, which must be removed from the expanded zone at day’s end.
Outdoor merchandise may not extend more than 5 feet above sidewalk level.
Normal business hours apply, unless they exceed Open Streets: Restaurants limitations, which would then prevail.
Collapsible tents and umbrellas with a weighted base must be installed according to the manufacturer’s instructions, with at least 2 sides open. Area under tents and umbrellas—either single or combined—cannot exceed 400 square feet.
Tents and umbrellas should not be used during inclement weather, such as high wind conditions.
With the exception of barriers, permanent structures cannot be built or placed on the road.

Application Process

Businesses may self-certify that they meet program requirements. Submitting an application online acknowledges that the business understands and agrees to applicable terms, conditions, laws, and guidance. The city may revoke or suspend authorization for non-compliance at any time.

For assistance with the application process, please contact Metropolis Group at 212.233.6344.