Businesses, Be Prepared to Follow New Rules

There are new rules that certain businesses must follow in New York City now and in the upcoming future. Since we wrote our story last month, the new rule requiring food-related businesses to put their trash in lidded containers has gone into effect, and it will officially apply to chain businesses next month, too. On top of that, the City Council passed new rules on Open Restaurants (outdoor dining) last week. 

As part of the Adams administration's ongoing commitment to "Get Stuff Clean" and continue the city's war on rats, the rule, which went into effect on August 1, 2023, prohibits restaurants, delis, grocery stores, bodegas, and caterers from placing bags directly on the curb. The warning period for this rule lasts until September 1, 2023, after which businesses could face fines for violations. This rule will also apply to all chain businesses with five or more locations in NYC, regardless of what they sell, beginning on September 5, 2023.

Under these two rules, businesses will have substantial flexibility on the type and location of containers as long as they have a lid and secured sides that keep rats out. Containers may be stored inside or within three feet of the property line. You can read the full text of the rule here and learn more about it on DSNY’s website, in DSNY’s press release, or on the Mayor’s website. You can also download the official commercial containerization notice here. 

DSNY is offering a few more hour-long information sessions for food businesses. You can register for one of the sessions below: 

•    Friday, August 11, at 2:00pm

•   Tuesday, August 15, at 6:00pm

•   Thursday, August 24, at 4:00pm

•   Monday, August 28, at 11:30am

As we are sure you know, the NYC Council published an updated version of the permanent outdoor dining bill, Int. 31-C, which you can read here, and approved the legislation at its stated meeting last week. Under the bill, the two kinds of outdoor dining that will be allowed are sidewalk cafes, which could operate year-round, and roadside dining areas, with seating and barriers, which would be temporary and only allowed from April through November. That means that restaurants will need to remove structures for the winter months, from December through March. Restaurants will be able to offer outdoor dining from 10:00am until midnight and will pay license fees and per-square-foot usage fees to the city for roadside and sidewalk cafes. DOT will be in charge of enforcement and developing new design guidelines for streetside dining areas. There will be a grace period until November 2024 to ease the transition. You can read more about the legislation in this New York Times Article and in these highlights published by the New York City Hospitality Alliance. This is just the first step in a very long process; rulemaking will happen next, in the fall. Rest assured, we will be watching this very closely and keeping you updated on it. 

Photo Credit: Elena Olivo