Skip to content



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  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

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. 275 Madison Ave, NY, NY. 10022.  (212 3703744). Website:; email: 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

Federal Trade Commission Seeks To Ban Non-Compete Agreements

The Federal Trade Commission (“FTC”) has issued a final rule which bans most agreements that restrict an employee’s ability to compete with its employer. 

New York Bar

New Laws Come With The New Budget

Several new alcoholic beverage control laws were included in the new Budget.  These changes are intended to speed up the application process and to give the State Liquor Authority more flexibility to grant licenses and permits. 

Wine and Spirits

Wine and Spirits Labeled as Organic

Because a growing number of consumers believe there is an advantage to purchasing organic products, the United States Department of Agriculture (“USDA”) is concentrating on eliminating food and beverages improperly labeled as organic.  The USDA National Organic Program (“NOP”) published its final rule entitled “Strengthening Organic Enforcement (“SOE”).  This rule will be implemented as of […]

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.
© 2024 All Rights Reserved, The Danow Group, PLLC
web designer new york