New York, NY Special Events & Permits: Sidewalk Cafe Rules (2026)

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.