BILL NUMBER: S3334

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to standards for the
erection of tents or membrane structures

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow municipalities to extend the use period of temporary tents or
membrane structures for the purpose of outdoor dining.

 
SUMMARY OF PROVISIONS:

Section 1 specifies that the State Fire Prevention and Building Code
shall include provision for municipalities to permit outdoor dining
tents year round.

Section 2 sets forth the effective date.

 
              

JUSTIFICATION:

Outdoor dining tents increased in popularity during the pandemic, as
they allowed for safer seating with social distancing, more air flow,
and the ability to eat outdoors in the winter with the use of heaters.
The indoor capacity for dining remains strained by new variants of the
SARS-CoV-2 virus, making outdoor dining options a lifeline for restau-
rants working tirelessly to keep their doors open.  However, current law
restricts the use of such a tent to 180 days out of the year.

New York City has already developed an Outdoor Dining Program that modi-
fies components of its administrative code to allow for the use of tents
and other structures to increase outdoor dining activities on a more
permanent basis. Adopting similar flexibility at the state level will
extend the same benefits for local businesses and their customers to all
municipalities.

This bill requires the State Fire Prevention and Building Code to be
revised to allow municipalities to create similar programs. This legis-
lation will give our communities the flexibility to permit restaurants
and bars to keep dining tents year-round as additional support for the
still-struggling hospitality industry while maintaining municipal
control over implementation of appropriate safety parameters.

 
PRIOR LEGISLATIVE HISTORY:

S8804/ A10531: Advanced to Third Reading

 
FISCAL IMPLICATIONS:

Potential for increased tax revenue from augmented hospitality sector
business.

 
EFFECTIVE DATE:
Effective immediately.