By Jack Tomczuk
City Council is poised to streamline the process for restaurants attempting to set up outdoor seating, at least in some neighborhoods.
Lawmakers advanced legislation Tuesday that would expand the zones where eateries are allowed to operate a sidewalk cafe “by right,” meaning they would not require a Council bill and meetings with community organizations.
The process, long decried as too onerous in the food industry, can take 12 to 18 months, according to the office of Councilmember Rue Landau, who sponsored the most recent ordinance.
“Owners told us that the current outdoor dining program is not working for small businesses,” Landau said during a hearing this week. “Most find it confusing and cumbersome, and changes must be made.”
If the legislation receives final approval, which could happen as soon as Dec. 11, the new regulations would go into effect in the entirety of Councilmember Jamie Gauthier’s 3rd District, which includes large swaths of West and Southwest Philadelphia.
Significant stretches of Washington Avenue, Point Breeze Avenue, West Passyunk Avenue, Snyder Avenue, Woodland Avenue, Ogontz Avenue and smaller sections of other streets are also included in the bill.
Outdoor tables and chairs are already permitted by right in Center City and along some other neighborhood commercial corridors and business districts.
Landau, who represents the entire city as an at-large member, said she spent months in discussions with restauranters, council members and other stakeholders in crafting the law.
On Tuesday, it was clear that some lawmakers asked that their districts be excluded from the ordinance. Cindy Bass (8th District) and Jeffrey Young Jr. (5th District) indicated that they believed allowing more sidewalk seating in some neighborhoods could create nuisances for nearby residents already dealing with quality-of-life problems from stop-and-go stores, smoke shops and other establishments.
“In my opinion, this completely cuts out the community from having a say,” added Bass, who represents sections of North and Northwest Philadelphia.
Landau noted that restaurants would still need to apply for a city permit for a sidewalk cafe, and that privilege could be stripped if they violate any rules. But Bass raised concerns about the city’s ability to enforce business regulations.
Ryan Mulholland, director of CookNSolo Restaurants, a group that includes Zahav, Goldie and others, said meetings with neighborhood civic groups often center on complaints about a nearby establishment with no connection to the business owner present.
“There hasn’t been a community meeting that I’ve gone to where the acts of someone else has (not) slowed down my ability as a good actor to be able to either have tables or have music or even have my windows open,” he added.
Bass maintained that the community should have “the ultimate say about what happens in their neighborhood.”
Aside from the expanded by-right zones, Landau’s legislation amends the city’s outdoor seating law to change the permitted hours of operation for sidewalk cafes to between 7 a.m. and 10 p.m. Sundays through Thursdays and 7 a.m. to 11 p.m. Fridays and Saturdays. The current regulation’s hours are 8 a.m. to midnight daily.
Businesses will also be able to expand their seating area to the sidewalks in front of neighboring properties, provided that they have the owner’s permission. Such arrangements were common during the COVID-19 pandemic, when then-Mayor Jim Kenney’s administration eased outdoor dining rules as a lifeline to struggling restaurateurs.
Proponents of the changes said expanded sidewalk seating will be crucial for next year’s celebration of the 250th anniversary of the Declaration of Independence, when Philadelphia will be hosting FIFA World Cup matches and a beefed-up July 4th party.
“As we prepare to welcome millions of international visitors for a record-breaking 2026, these are either opportunities or potentially missed opportunities,” said Zakary Pyzik, of the Pennsylvania Restaurant & Lodging Association. “If we get it right, people come back and spend their money here in Philadelphia. If we don’t, then they won’t.”