Skip to content

News

OUTDOOR DINING

Outdoor Dinning

The New York City Department of Transportation has published final rules regarding the open restaurant program.  Any restaurant that erected an outside dining structure or engaged in outdoor dining on a public road or street pursuant to prior rules must apply for revocable consent under the new regulations within five months of the new rules becoming effective (February 2, 2024) or remove any temporary outdoor dining setup.   

An application may be made by any food service establishment licensed by the New York City  Department of Health and Mental Hygiene (“DOHMH”) which has business frontage on the ground floor.  The application is self certifying and the restaurant may begin outdoor dining after the application has been filed and certified.  Applications are made on-line https://www.nyc.gov/html/dot/html/pedestrians/openrestaurants.shtml.  The program applies to dining establishments that seek to use City streets or sidewalks.  It does not apply to dining in an open area on privately owned outdoor space.  There is no fee to apply, but there are fees for the use of the city space.   Seating may only be used for the business of the food establishment.  A license or permit from the New York State Liquor Authority is required for the service of alcoholic beverages.  Information about how the Liquor Authority deals with the New York City open restaurant program is available at https://sla.ny.gov/instructions-continued-and-new-use-municipal-property.

Areas set aside under the open restaurant program must comply with the Americans With Disabilities Act.  All roadway seating must be used and occupied within thirty days of authorization. If the space is not used and occupied for any thirty-day period, it will be deemed abandoned and must be removed. 

There are many rules regarding size, location, barriers, signs, setbacks and materials.  Street structures may only remain during specified time periods. Those seeking to participate in the program should familiarize themselves with these rules. 

 Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of the firm of Danow, McMullan & Panoff, P.C. 605 Third Avenue, New York, NY 10158.  (212 3703744). Website: thedanowgroup.com; email: kdanow@thedanowgroup.com. 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.

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.

Written by

Keven Danow

Keven Danow

Founding and Senior Partner
Read bio

Categorized in

Latest News

Stay informed on the critical current issues impacting the beverage alcohol industry

SAPA and License Renewals

§401 (2) of the New York State Administrative Procedures Act (“SAPA) provides:   When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the […]

Outdoor Dining Rules Eased

As of April 2, 2025 the Liquor Authority will accept DOT issued conditional approval as proof of written authorization from a responsible municipal regulatory body or agency authorizing the use of municipal public space. This means that a licensee may now use the DOT conditional approval to apply to the SLA for permission to alter […]

Common Violations

All licensees should understand and avoid the most common violations for which the Liquor Authority brings charges. Sales to Minors. One of the most common violations and the one the SLA takes most seriously is sales to minors. It is illegal to sell or give alcoholic beverages to a person under the age of twenty- […]

Ready to get started?

Attorney Advertising: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
The Danow Group PLLC is the successor to Danow, McMullan & Panoff, P.C.
The Danow Group PLLC is a professional limited liability company formed under the laws of the state of New York.
© 2025 All Rights Reserved, The Danow Group, PLLC
web designer new york