Dining Law Adjusted
Restaurateurs and their supporters showed up at East Hampton Town Hall en masse last Thursday to protest changes to the town code governing outdoor dining which, they said, were ill-timed and would hurt their businesses.
Many were relieved to learn that a provision in the proposed new code that could have prevented customers from standing, having a drink, or listening to music outside while waiting for a table to dine — if enforced literally — had been eliminated from the proposal.
The code already describes the procedures through which a restaurant may place up to 30 percent of its approved indoor seating outside for alfresco dining, but the revision gave restaurants the ability to put more than 30 percent of their seats outside, with planning board approval.
Nancylynn Thiele, a town attorney, drafted the revised code after conferring with town officials involved in code enforcement. It also included an apparent attempt to rein in the scene at restaurants that offer more than just dining in their outdoor spaces. The proposed new legislation defined an outdoor dining area as a space that “does not allow for a waiting area, a standing area, or an area for the service of beverages (alcoholic or otherwise) prior to being seated for dining, after dining, or an area only to participate in entertainment (music) provided by the restaurant.”
That passage was dropped by the town board even before last Thursday’s hearing, based on negative feedback.
A number of speakers last Thursday took the opportunity to comment nonetheless, telling the town board that changing the rules affecting restaurants, which make most of their yearly income in the summer, just before the season, was unfair. Several said they were disappointed that the board had not consulted with those in the business when seeking to address restaurant issues.
The issue should be presented to the town’s appointed business committee for discussion, Paul Monte, the president of the Montauk Chamber of Commerce suggested, and should be slated for discussion in the fall, after the restaurants’ busy season.
If the town is going to begin enforcing code provisions that have not previously been enforced, he said, business owners should be given notice. “I would just ask that enforcement not come down hard on everybody who’s been doing whatever they’ve been doing for the past couple years,” he said.
The town board, said Supervisor Larry Cantwell, was simply trying to “clarify that there is a set of rules, and [ensure that] everyone understands them, and that we enforce them equally and fairly.”
The town board, said Supervisor Larry Cantwell, was simply trying to “clarify that there is a set of rules, and [ensure that] everyone understands them, and that we enforce them equally and fairly.”
Fair enough, Mr. Monte said, but “the timing is awful.” Mr. Cantwell said that the timing of the discussion was not deliberate and that it was coincidental that the code change was completed and ready for a public hearing just at the start of the summer season.
Lou Cortese, a Montauk resident, underscored the issues. “I’m also a consumer in Montauk,” he said, “and I like going to a restaurant, hanging out, having a drink, sitting outdoors.” But, he said, crowding leads to overloaded septic systems, which have a negative impact on water quality. “The point is that there’s a reason that you can’t just let a restaurant fit as many people as they want into their backyard,” he said. “Let’s try to accommodate the business people, but keep in mind that there’s a reason for these rules. So there has to be a balance.”