Further Regulations on Outdoor Dining Impact Live Music

With today's big snowfall looming, New York City's Department of Sanitation (DSNY) declared a snow alert, bringing all outdoor dining to a complete stop. The snow alert compels all restaurant owners with outdoors structures to comply with safety measures and remove or secure outdoor heaters, tables, chairs, and even remove roofs if possible. After the snowfall, the DSNY will announce when restaurants can reopen; the expectation is that outdoor dining will remain closed through Thursday morning, and possibly into Friday.

Today's event followed Governor Andrew Cuomo's announcement this past Friday that all indoor dining must close indefinitely beginning yesterday. Cuomo hopes his decree will help slow the spread of coronavirus.

More regulations may come into effect as the winter progresses. Governor Cuomo and Mayor Bill de Blasio have both said in press conferences that further closures may be enforced if the rate of COVID spread increases. Also, if weather forecasts predict more than 12 inches of snow, DSNY will require restaurant owners to remove or consolidate their entire outdoor structures in order to accommodate snow plowing.

The day to day existence of restaurants remains precarious. After several months of closure due to the pandemic, restaurants were allowed outdoor service and then an additional 25% indoor service. Then the midnight curfew was rolled back to 10 p.m. Now with indoor service temporarily ended, restaurants rely exclusively on outdoor and takeout service, and in fewer hours.

The construction of outdoor structures this summer and the more recent efforts to weatherize these structures has been a considerable investment on the part of restaurant owners. Many restaurant owners weighed their anticipated costs and returns and delayed reopening, some waiting for the 50% capacity that never happened. Many of the restaurant owners that did open reported that the financial return has been nominal.

For musicians, the ramifications are obvious. Although numerous musicians found places to perform and earn tips in better weather, these options are diminishing rapidly. Nevertheless, a few restaurants that regularly host local music artists are standing by their musicians.

Frida Anuarbek at the Anyway Café on Monday night,
the first night of indoor-dining closure 

Assaf Salhov at the Anyway Café last night

The Anyway Café (34 E. 2nd St.) presents live music seven nights each week. During the summer, musicians played indoors by an open window to listeners outside. For the past month, the musicians also played to a 25% capacity indoors. Governor Cuomo's announcement on Friday once again places the musicians by the windows playing for outdoor customers only. The outside space has an overhead covering but remains uninsulated. The restaurant owners researched and found that the cost of winterizing the curbside space was beyond their present budget. They have initiated a public fundraiser.

"We thought that we might be able to make it through the year, but with the closure of indoor dining on Monday, we are turning to our community for help," reads the Anyway Café's GoFundMe pitch. "For Anyway to survive  the indoor-dining shutdown this winter, we need heat lamps and an outdoor setup. We have $6,000 donated already and we need $5,300 more to create a safe outdoor space."

The GoFundMe announcement promises that benefactors will receive a "thank you" martini of their choice by donating at https://www.gofundme.com/f/anyway-cafe-outdoor-dining-fundraiser?utm_source=customer&utm_medium=copy_link&utm_campaign=p_cf+share-flow-1.

The Benny Benack Trio performed at Rue-B last night

Rue-B (188 Ave. B) has showcased jazz artists nightly for more than 20 years. This summer, the venue also began opening its windows so musicians playing indoors could be enjoyed by listeners outside. The club initiated the 25% indoor capacity but must now cater solely to an outdoor audience.

"It would be nice if they (New York State) would give us the right to stay open outside until midnight," Michael Camacho, proprietor of Rue-B, told this reporter. "My outside structure is warm enough to keep people cozy during the winter. The 10 o’clock curfew is devastating to my business and every other bar and restaurant in the city. They need to reconsider the curfew. It is a must. Too many restaurants and bars will go out of business if they do not."

Marshall Stack (66 Rivington St.), which has been in operation as a corner bar since 2006, began hosting live music in June. The response from musicians and music lovers was so swift an supportive that the venue went from presenting live music one night per week to four and five nights, and often presenting multiple music acts on the same night. Like the Anyway Café, Marshall Stack has musicians play indoors by an open window to listeners outside. The venue is presently winterizing its outdoor space in order to continue the music series.

The Ethan Eubanks Trio (left to right, Jon Cowherd, Ethan Eubanks, Tony Scherr) performed on the closing night of City Winery this past Sunday.

City Winery (25 11th Ave.}, which has presented live music since 2006 and reopened in a new location in early October, was unable to stay open after the end of the 25% capacity ruling and closed this past Sunday night. The venue's website leaves an optimistic view.

"Thanks for the limited chance we had to serve you from the time Con Edison turned on our gas six weeks ago until now," reads the message on the City Winery website. "We'll see you on the other side."

This shared optimism among many restaurant owners may yet revive New York's local music scene.