FOR IMMEDIATE RELEASE

February 10, 2022 

CONTACT:

Kaye Dyja

212-818-0580

kdyja@council.nyc.gov

New York City Council Majority Leader Keith Powers and City Council Member Marjorie Velázquez Introduce Legislation Supporting Local Restaurants by Reinstating The Use of Propane Heaters

Powers and Velazquez’s bill boosts local restaurant recovery by making it easier for them 

to stay open and operate in the colder months

New York, NY — Today, New York City Council Majority Leader Keith Powers and City Council Member Marjorie Velázquez introduce legislation to boost restaurant recovery by allowing the ongoing use of propane heaters. As the cold weather persists and COVID-19 remains a significant public health threat, this legislation will allow restaurants to keep generating much needed revenue while giving New Yorkers the option to comfortably and safely dine outside. 

Last year, Council Member Powers joined Mayor Adams in calling on the city to reinstate the use of these heating devices. This came in response to former Mayor de Blasio banning these devices for outdoor dining. 

“Throughout the pandemic, outdoor dining has been one of the most successful and innovative measures to support local restaurants and allow New Yorkers to safely socialize with one another. The use of propane heaters has played a quintessential role in that success, particularly during the colder months,” said Council Member Keith Powers. “With more cold weather, COVID-19 still spreading, and restaurants desperately in need of support, this legislation will ensure the survival of local eateries, strengthen small businesses, and keep New Yorkers safe.” 

“Outdoor dining and the use of propane tanks saved tens of thousands of jobs and kept countless restaurants and businesses from having to be completely shuttered,” said Council Member Marjorie Velázquez. “Since the expansion of outdoor dining and propane usage, restaurants have been able to expand their capacity, and recover some of their losses from the start of the pandemic. There have been minimal issues with the use of propane tanks, and it’s imperative to maintain strict guidelines on their uses and capacities to protect our workers and consumers. Instead of creating another burden on businesses by prohibiting their use, we need to work with our restaurants and communities to continue to strictly store and utilize them safely.”

The COVID-19 pandemic devastated our city’s restaurant landscape. In 2020, at least 40 percent of all restaurant jobs disappeared, about 2,000 restaurants closed their doors, and despite reopenings, the ones that have made it through will be weathering the impact for years to come. According to a new report released last month by New York State Comptroller Thomas DiNapoli, even two years after the pandemic hit, New York’s restaurants still employ roughly 30 percent fewer people than they did before.

The outdoor dining program, however, has served as a lifeline for these establishments, keeping over 11,000 eateries alive, saving at least 100,000 restaurant jobs, and allowing restaurants to generate critical revenue. One of the keys to this success, however, has been the use and regulation of propane heaters during the colder seasons. 

According to the New York City Fire Department (FDNY), there were no fires or injuries in 2 from propane heater use. Moreover, the legislation will bolster safety regulations around propane heater usage by requiring the heaters to be stored, handled, and used for outdoor dining only when designed, installed, operated, and maintained in accordance with New York City’s fire safe code. This includes specific safety precautions, such as adherence to building clearances, combustible materials, proximity to exits, and more.

“Our city’s restaurant industry still has a long road to recovery, and as the temperature drops, propane heaters are essential to keep customers warm while dining outdoors this winter,” said Andrew Rigie, Executive Director, NYC Hospitality Alliance. “We commend Council Member Keith Powers for introducing legislation to reinstate the safe use of propane heaters, and thank Mayor-elect Eric Adams for supporting this policy that will aid in the small businesses recovery, while allowing people to enjoy outdoor dining during the colder months.” 

“Like many small businesses, I personally guaranteed over a million dollars of SBA loans to keep our restaurant’s lights on and 45 colleagues employed through the pandemic,” said James Mallios, Owner, Amali Restaurant and Bar Marseille. “Customers still ask to sit outside. When the City announced they would not allow the continued use of propane heaters, using the same propane tanks that are stored in garages across America and legal in dozens of major cities, 20 reservations for outdoor dining called us and cancelled. Our ultimate recovery depends on the revenue generated year round from outdoor dining. This bill and support from Councilman Powers and Mayor-elect Eric Adams is the best holiday present our business, my colleagues and family could ask for.”

“COVID-19 nearly eviscerated the restaurant and nightlife industry in New York City and even now we are only beginning to see the slightest notion of recovery,” said Jeffrey Garcia, President of the New York State Latino Restaurant Bar & Lounge Association. “The reality is, we need all the help we can get to survive as we continue to operate with indoor mandates.  Propane heaters have served as a lifeline to the success of outdoor dining, especially, as we head into the cold winter months. To that end, the industry has already invested tens of thousands of dollars in safe and efficient propane heaters to keep our customers warm last season. We ask that we can continue utilizing propane heaters this year because without them we simply cannot sustain outdoor dining in the winter. We want to thank two champions for the industry – Mayor-elect Eric Adams and Council Member Keith Powers who have lead the way on this issue and have shown ongoing support for our vital industry.” 

“Throughout the pandemic propane heaters have been one of the few things our city’s restaurant community has been able to rely on,” said Derek Kaye, owner of Takumi Taco and NYC Propane Delivery. “Eateries in every corner of the city used propane heaters safely last winter, and should be allowed to continue to make use of the infrastructure they have already invested in. Council Member Keith Powers’ bill to create a framework for the permanent use of propane to fuel outdoor dining during winter months is smart legislation that will allow restaurants to provide the best possible service to their customers while also saving them money in the long run. As we face a second winter season managing the need for outdoor dining with COVID-19 safety, this legislation could not come at a better time, and I join so many of my colleagues in the restaurant industry in offering my enthusiastic support for this bill.” 

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