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 the premises and serve alcohol in public areas such as sidewalks and streets.

Once a licensee has conditional or final approval from the municipality, it must file with the SLA a complete alteration application seeking permission to expand the premises by adding the municipal public space to include the outdoor dining space.  Before filing proper notice must be given to the local community board or the appropriate municipality if outside the City of New York.  

Proof that all the requirements of ABC Law §111-A have been met should be included with the alteration application filed with the SLA.  In addition, the applicant must also comply with Advisory 2024-1.  The application must be filed within sixty days of receipt of the written authorization from the municipality.  Those who received conditional approval from the NYC Department of Transportation before April 2, 2025 have sixty days from that date to file their applications. 

A licensee should include with the alteration application the following:

• A copy of the written authorization from the DOT or municipal regulatory body (or a copy of the DOT conditional approval).
• A copy of the application submitted to obtain the authorization.
• A diagram depicting both the licensed premises and the public space to be used by the applicant.
• Proof that proper notification has been given to the applicable local community board (or the appropriate municipal body if outside the City of New York).
• Proof of workers’ compensation insurance.
• Proof of general liability insurance to provide coverage against liability for injury sustained by persons on the municipal property as well as persons and cyclists using or crossing a bike thoroughfare to get the space to be used by the applicant.

Licensees choosing to utilize non-contiguous municipal public space that includes a thoroughfare primarily restricted to use by bicycles, or a portion of a thoroughfare with such restrictions, must post a sign or poster in said municipal outdoor space with conspicuous lettering in at least seventy-two point bold face font that states: “CAUTION: BICYCLE LANE” prior to and while utilizing any such municipal space for on-premises alcoholic beverage sales to patrons.  Proof that such a sign has been posted should be included with the alteration application. 

All required insurance must remain in effect for the entire time the municipal space is used by the applicant.  

In the event that a municipal permit or written authorization including the NYC DOT conditional approvals is revoked, cancelled, suspended or otherwise terminated including if the municipal application is denied or disapproved, the licensee must immediately cease selling and serving alcoholic beverages on the municipal public space and comply with the procedure for removal detailed in ABC Law 111-A and advisory 2024-1. 

Should the licensee cease using the municipal space, another alteration applications must be filed with the SLA to remove that space from the licensed premises.  

Make certain the application is complete. The SLA will reject applications that do not comply with the law and the Advisory.

Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of The Danow Group, 605 Third Avenue, New York, NY 10158.  (212 3703744). Website: thedanowgroup.com; email:kd@thedanowgroup.com