New York City’s Department of Transportation rolled out Dining Out NYC, a permanent outdoor dining program, following the success of a temporary program that was in place during and after the COVID pandemic. The program allows for the operation of sidewalk cafes on a year-round basis, and the operation of roadway cafes between April 1st and November 29th. Applications are being accepted and reviewed on a rolling basis, and if your establishment seeks to operate with outdoor seating in the Spring and Summer of 2025, you should apply immediately – applications are taking a total of 4-6 months to approve, and it’s not just NYC DOT that’s involved, but the New York State Liquor Authority as well. (More on that below).
To be eligible for a Dining Out NYC permit, your food service establishment must be (1) located on a ground floor that is visible from the street and directly accessible to the public from the street; and (2) operated pursuant to a food service establishment permit issued by the NYC Department of Health and Mental Hygiene (DOHMH). Not all outdoor spaces are suitable for a Dining Out NYC permit, and so to determine the eligibility of your outdoor space, you should reference NYC DOT’s Step-by-Step Guide for Sidewalk Cafes and Step-by-Step Guide for Roadway Cafes, which demonstrate the program rules including permitted locations, clearances, materials, and operating requirements.
If you think you can apply for a Dining Out NYC permit for your outdoor space and immediately begin serving customers once the permit is approved, think again. The NY SLA is requiring Dining Out NYC permittees to apply for authorization to serve to customers in outdoor municipal public space regardless of whether or not they had previous authorization to do so. After obtaining a Dining Out NYC permit, in order to add the permitted outdoor municipal public space to an existing premises licensed to serve/sell alcoholic beverages the licensee must File an Alteration for Adding or Removing Contiguous and/or Non-Contiguous Municipal Public Space Application, preferably within 90 days of obtaining a Dining Out NYC Permit. Not only do you have to file the application, you must wait for it to be approved before beginning to operate the outdoor space pursuant to the Dining Our NYC Permit.
The following is required to be included in the application by the NY SLA:
- A valid Dining Out NYC Permit
- A detailed diagram of the outdoor space, including all seating and tables
- Proof of submission of a 30-Day Advance Notice form to your local NYC Community Board
- Proof of workers’ compensation insurance for all employees
- Proof of general liability insurance
The law distinguishes between Roadway Cafes, which are only allowed April through November and Sidewalk Cafes which are permitted year round.
Note that the above NY SLA requirements apply to outdoor contiguous and/or non-contiguous municipal public space.
If you are seeking to license outdoor space that is not municipal public outdoor space (i.e. if the use of the outdoor space is based upon your lease or deed), you do not have to apply for the Dining Out NYC permit.
If you are applying for a new NY SLA On Premises license, you are to include the outdoor contiguous space controlled by the applicant in the original application.
If you are a current licensee and you would like to apply to add outdoor contiguous space that is subject to your control, you are to file a (regular) Application for Permission to Make Alterations.
For more information, see: https://www.diningoutnyc.info/As.
This article is not intended to give specific legal advice. Before taking any action, the reader should consult with an attorney familiar with the relevant facts and circumstances.
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