Outdoor Dining in NYC FAQ's

NYC Department of Transportation (DOT) administers the Dining Out NYC program from application through enforcement. DOT reviews all applications, issues licenses, executes Revocable Consent Agreements, and conducts compliance inspections.

Other Agencies Involved

• NYC Comptroller — registers the Revocable Consent Agreement; the license cannot be issued until registration is complete
• NYC Department of Health and Mental Hygiene (DOHMH) — issues the Food Service Establishment Permit required for eligibility; also handles venue type corrections
• NYC Department of Sanitation (DSNY) — participates in enforcement coordination
• NYPD — involved in enforcement of outdoor dining rules
• State Liquor Authority (SLA) — must separately approve outdoor areas for alcohol service
• NYC Department of Buildings (DOB) — approval required for heaters and building-attached awnings
• FDNY — approval required for heaters placed in outdoor dining setups
• NYC Landmarks Preservation Commission (LPC) — approval required for awnings or structures on landmark buildings or in designated areas

Filing Complaints or Getting Help

• To report a non-compliant setup: Call 311 or email DiningOutNYC@dot.nyc.gov
• To respond to a DOT notice or summons: Email DOremoval@dot.nyc.gov
• For general program questions: Email DiningOutNYC@dot.nyc.gov

NYC DOT maintains dedicated, multilingual staff and the online application portal is available in multiple languages.

If your NYC Department of Health and Mental Hygiene (DOHMH) Food Service Establishment Permit lists your venue type as “other”, this will cause an error during the Dining Out NYC application process. Your venue type must be correctly categorized before your outdoor dining application can proceed.

How to Fix It

Contact the NYC Department of Health directly to have your venue type updated:

• Phone: 646-632-6253
• Email: infoBFSCS@health.nyc.gov

This is a separate step from the DOT application. You must resolve the venue type issue with the Health Department before submitting or resubmitting your Dining Out NYC application. Allow extra time in your planning if this correction is needed, as it adds to your overall timeline.

If you need further guidance, NYC DOT’s multilingual support team can assist — contact them at DiningOutNYC@dot.nyc.gov.

Yes — a public hearing is required for all roadway café applications and for certain sidewalk café cases, as mandated by NYC Charter §371 and Administrative Code §19-160.2(c)(2).

How the Hearing Works

• Hearings are held virtually via Zoom, typically on Thursdays
• Notices are published in advance in the City Record and local outlets including AM New York and the Brooklyn Paper
• Members of the public may submit verbal comments at the hearing
• DOT officials attend but will not answer questions posed at the hearing — the hearing is for public comment only
• DOT reviews all comments received before making a decision on the application

Applicant Responsibilities

• NYC DOT contacts you with the hearing date and details — you do not schedule it yourself
• You are responsible for covering the publication costs, generally $100–$800
• Interested parties may request a draft copy of your Revocable Consent Agreement at least three business days before the hearing via an online form

After the Hearing

DOT considers all public comments when evaluating your application. There is no fixed outcome timeline after the hearing — it forms part of the broader six-month review process. If your application is denied or modifications are rejected following a community response, the public hearing fee may still apply.

A Revocable Consent Agreement is a formal legal agreement between your food service establishment and NYC DOT. It is required for all outdoor dining setups — both sidewalk and roadway cafés — and must be in place before any approved structure can be installed on public space.

What It Grants

The agreement authorizes your establishment to occupy public city property (sidewalk or roadway) for outdoor dining. As the name implies, the City retains the right to revoke the consent at any time — it is a revocable permission, not a permanent property right.

How the Process Works

1. You obtain the required insurance (see below)
2. You sign and execute the agreement with NYC DOT
3. DOT submits the agreement to the NYC Comptroller for registration
4. Once the Comptroller registers it, DOT issues your license along with a copy of the signed agreement

The license cannot be issued until the Comptroller registration is complete — this step is a key reason the overall approval timeline can reach six months.

Key Terms

• Term: 4 years, with annual revocable consent fees due each year
• Fees: Based on your café’s square footage and NYC sector location; fees are non-refundable
• Inspections: DOT inspectors will visit after the license is issued to verify compliance with the approved design

Insurance Requirements

You must obtain the following insurance before signing the agreement:

• General Liability: $1M per occurrence / $2M aggregate, with NYC named as an additional insured
• Liquor Liability (if alcohol is served): $1M per occurrence
• Workers’ Compensation: Per New York State law
• Auto Liability (if applicable): $1M per accident

Monitor your email and postal mail closely after submission — correction notices and DOT communications are sent to both.

The review process can take approximately six months from the time NYC DOT receives a complete application. This timeline covers:

• DOT’s review of your site plan and eligibility
• The public hearing (required for all roadway café applications and some sidewalk cases)
• Execution of the Revocable Consent Agreement
• Submission of the agreement to the NYC Comptroller for registration — the license is only issued after the Comptroller registers the consent

How to track your application: You can monitor your application status at any time through the Dining Out NYC online portal at diningout.nyc.gov.

Important: Once your application is approved, you must bring your setup into compliance with all design requirements within 30 days of application approval. Plan ahead — if you are opening a new setup or transitioning an existing one to year-round operation, allow the full six months when timing your launch.

Incomplete applications will delay the clock. Ensure all required documents are included at the time of submission to avoid back-and-forth with DOT that extends your timeline.

All applicants must submit the following documents as part of their Dining Out NYC application:

Required for All Applicants

1. Site Plan Form — roadway or sidewalk version depending on your setup type (examples are available on the forms page; no licensed professional required)
2. IRS Tax ID Letter — such as an IRS 147-c, SS-4, or Certificate of Authority
3. NYC Substitute W-9 Form
4. Applicant Affirmation Form
5. Tax Affirmation Form
6. Property Owner Consent Form
7. Pest Control Certification
8. Insurance Acknowledgement Form

Conditional Documents (Only If Applicable)

• Authorized Representative Form — required when someone other than the owner submits the application on the establishment’s behalf
• Cellar or Basement Door Certification — required if any seating will be placed over a cellar or basement door

Do I Need an Architect or Engineer?

No. Drawings are not required to be developed by a licensed architect or other professional. The Site Plan Forms include internal instructions and NYC DOT provides example completed forms to guide applicants.

All forms are available at diningoutnyc.info/apply/forms. DOT offers document assistance via a contact form for those who need support.

NYC DOT conducts both proactive and complaint-based inspections of outdoor dining setups. The enforcement process is designed to achieve compliance before issuing financial penalties — but repeated or unlicensed violations carry significant fines.

First-Time Violations (Licensed Setups)

• A Corrective Action Request (CAR) is issued — not an immediate fine
• Operators have 30 days to fix the identified issue
• If the CAR is protested and the protest is denied, the 30-day correction window begins from the denial date

Penalty Schedule (Licensed Setups)

Repeated non-compliance may lead to license suspension or revocation following a formal hearing.

Unlicensed Operations

• Operating without a valid license and revocable consent results in an immediate fine — no CAR is issued
• 1st offense: $500
• 2nd offense and beyond: $1,000
• DOT may also order the physical removal of an unlicensed setup

How to Respond to a Notice or Summons

• Email DOremoval@dot.nyc.gov and include a copy of any notice received

To file a complaint about a non-compliant setup, call 311 or email DiningOutNYC@dot.nyc.gov.

Outdoor dining structures — both roadway and sidewalk cafés — must preserve access to a wide range of underground and surface utility infrastructure. The following clearance rules apply:

Roadway Cafés

Sidewalk Cafés

Cellar / Basement Doors (Sidewalk Only)

• Café elements may extend over cellar doors only if the door is not an egress route, the door is closed and reinforced, and a registered design professional certifies safety

Utility access must remain available at all times, including during operating hours. Equipment securing furnishings must not block any utility access point.

Yes. Both roadway and sidewalk café structures are subject to a 46-inch maximum height limit for any elements located within 50 feet of regulatory or warning signs — including stop signs, yield signs, speed limit signs, and other traffic control devices.

This restriction exists to ensure that café structures, barriers, plantings, cladding, and screening do not obstruct driver sightlines to critical safety signage.

How It’s Measured

• The 50-foot zone is measured from the front face of the sign in the direction drivers approach and read it
• Any café element — including barrier height plus any attached cladding or plantings — must stay at or below 46 inches within this zone

Screening Rules

• Screening (decorative panels, mesh, etc.) is prohibited entirely within 50 feet of regulatory or safety signs
• Outside this zone, screening may reach a maximum of 6 feet above the café floor and must be non-opaque
• All screening must meet the same wind-resistance and fire-resistance standards as overhead coverings

These rules apply to both the structure’s permanent elements and any seasonal additions such as wind barriers or privacy panels.

Roadway café structures may only be placed in certain types of parking spaces. NYC DOT has defined both permitted and prohibited zones under the Dining Out NYC program:

Permitted Zones

• Metered and non-metered parking spaces
• Commercial, alternate side, angled, and seasonal parking spaces
• Loading only, truck loading, and hotel loading zones
• No parking zones

Prohibited Zones

• Travel lanes, bike lanes, and bus lanes
• “No standing anytime,” “no standing during posted hours,” and “no stopping” zones
• Bus stops
• Authorized vehicle parking (e.g., police, emergency)
• Dedicated-use parking (e.g., carshare spaces)

Special Cases

• Floating parking lanes: Cafés may be placed adjacent to but not covering bicycle lane buffer markings
• Angled parking spaces: Reviewed case-by-case for traffic visibility and safety
• Under elevated structures: Permitted, but the café must maintain 3 feet clearance from the structure’s columns, in addition to all standard clearance rules

Placement must fall within the restaurant’s own frontage. DOT may restrict or modify placement based on site-specific safety review.

All outdoor dining structures — both roadway and sidewalk cafés — must comply with ADA (Americans with Disabilities Act) accessibility requirements. The rules vary slightly by setup type:

Roadway Cafés

• Tables and chairs must be ADA-compliant
• Flooring is optional; however, if no flooring is installed, operators must provide an ADA-compliant ramp to ensure accessible entry
• Flooring installation requires DOT review of additional specifications

Sidewalk Cafés

• Tables and chairs must meet ADA standards
• No flooring is permitted on sidewalk cafés; the surface must remain level with the adjacent sidewalk, which inherently supports step-free access
• Accessible seating must be provided in the quantity required by ADA standards

General Requirements (Both Types)

• The setup must meet both ADA requirements and NYC Building Code accessibility standards
• All furniture must be easily movable to accommodate accessible seating arrangements
• Patron service must occur entirely within the café area — inaccessible service points outside the perimeter are not permitted

Questions about accessibility compliance can be directed to NYC DOT at DiningOutNYC@dot.nyc.gov.

Sidewalk café structures must use a perimeter that clearly demarcates the dining area using a removable, self-supporting structure. The rules differ significantly from roadway cafés:

Acceptable Perimeter Types

• Wall, railing, planter, fence, or stanchion-and-rope

Height Limit

• Maximum 2 feet 6 inches (exclusive of any plantings placed on top)

Enclosure Rules

• Full enclosure is prohibited under current rules
• A limited exception exists for setups that were lawfully fully enclosed and operating on or before March 16, 2020, or at any time in the four years prior — these may continue as grandfathered structures

Flooring

• No flooring is permitted on sidewalk cafés — the surface must remain level with the adjacent sidewalk
• Ground coverings including rugs and artificial turf are banned

Branding

• Branding on perimeter elements is allowed
• No advertising beyond the establishment’s name and logo

Permanent Fixtures

• Nothing may be permanently affixed to the sidewalk — all elements must remain removable