NYC's permanent outdoor dining program 'Dining Out NYC' replaced the temporary Open Restaurants program in March 2024. Restaurants need a DOT license for sidewalk cafes (year-round) or roadway cafes (AprilβNovember). Applications require site plans, community board review, and a pest control plan.
The Dining Out NYC program, codified under Local Law 114 of 2023, replaced the temporary Open Restaurants program that began during COVID-19. NYC DOT adopted final rules effective March 3, 2024. The program offers two types of outdoor dining: sidewalk cafes (on the sidewalk adjacent to the restaurant, year-round operation) and roadway cafes (in the parking lane/roadway area, seasonal operation April 1 through November 29). Both require a license and revocable consent from NYC DOT with a 4-year term. Applications must include a completed petition, site plan and drawings, photographs, certificate of property owner consent, and a pest control plan. Community boards review applications and provide advisory opinions. Sidewalk cafes must maintain at least 8 feet of clear pedestrian path. Roadway cafes must use approved barriers and cannot be enclosed structures. Both must be ADA-accessible. Licensed establishments must remove roadway cafe structures by December 1 each year. The program requires all restaurants that participated in the temporary Open Restaurants program to have applied by August 3, 2024.
Operating without a Dining Out NYC license: $1,000 fine per occurrence. Failure to maintain clear pedestrian path: $500-$1,000. Non-removal of roadway structures by December 1: daily penalties. Operating roadway cafe outside April-November season: violation and removal order.
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