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New York, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
Local Law 121 of 2023
Hours allowed
10 a.m.-midnight daily
Roadway cafe season
Closed Nov 30-Mar 31
License term
4 years, $1,050/period
Roadway cafe fee
$5-$25 per sq ft/year

Summary

NYC's Dining Out NYC program lets restaurants run permanent sidewalk and roadway cafes under a DOT-issued license and revocable consent.

Any person owning, leasing, managing or operating a ground floor restaurant upon property which abuts upon any street may establish and operate a sidewalk cafe upon the sidewalk or sidewalk widening of such street in an area immediately adjacent to its premises, or a roadway cafe upon the roadway adjacent to the curb in front of such ground floor restaurant, or both, provided that such sidewalk cafe or roadway cafe shall be granted a license and a revocable consent by the commissioner.

View official code

Full Breakdown

Since Local Law 121 of 2023 replaced the pandemic-era Open Restaurants program, any ground-floor restaurant can apply for a sidewalk cafe and/or roadway cafe, but only after DOT grants both a license and a revocable consent under Administrative Code § 19-160. Roadway cafes pay annual compensation set by a four-sector fee schedule ($5-$25 per square foot) and must shut down each winter from November 30 through March 31; sidewalk and roadway cafes may otherwise run 10 a.m. to midnight daily (10 a.m. Sundays). Licenses run 4-year terms and cost $1,050 per license period, separate from consent fees.

Violations & Fines

Operating a sidewalk or roadway cafe without the required DOT license and revocable consent, or running a roadway cafe outside the November 30-March 31 shutdown window, is unlawful under § 19-160.1(a) and can draw removal orders and fines from DOT.

Frequently Asked Questions

Can a NYC restaurant keep outdoor seating year-round?
Sidewalk cafes can run year-round, but roadway cafes (seating in the parking lane) must close each year from November 30 through March 31 under § 19-160(c).
Who approves an outdoor dining setup in NYC?
DOT reviews the petition and grants a license plus a revocable consent under Administrative Code § 19-160; landmark-district locations also need Landmarks Preservation Commission sign-off.

Sources & Official References

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