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Eligibility & Feasibility

Please review this information before you begin an application to offer outdoor dining in NYC. 

1. When to Apply

Eligible food service establishments may apply year-round for outdoor dining in the roadway, sidewalk, or both!

Sidewalk cafes may be operated year-round, while roadway cafes may operate from April 1 through November 29. 

Both sidewalk and roadway cafes require a license and revocable consent from NYC DOT. The revocable consent and license each have a four-year term.

2. Determine Your Eligibility

To be eligible for outdoor dining, your food service establishment must be:

  • Located on a ground floor that is visible from the street and directly accessible to the public from the street; and
  • Operated pursuant to a food service establishment permit issued by the NYC Department of Health and Mental Hygiene (DOHMH)

The following locations are not eligible for outdoor dining: 

  • Roadway cafes cannot be placed in areas including, but not limited to, No Standing Zones, bus stops, and bus lanes (more details in the Setup Guides below)
  • Sidewalk cafes cannot be placed in the sidewalk furnishing zone (the space along the curb next to the road) nor within the pedestrian clear path (more details in the Setup Guides below)
  • Once you confirm that your site is eligible for an outdoor dining setup, please proceed to the next steps

3. Review Clearance and Setup Requirements Before Applying

Please use the Setup Guides for a detailed description of all permitted locations, required clearances, materials, and operating requirements. 

4. Download the Required Site Plan  

Download the required site plan form below and record your site analysis.

Anyone may draw and prepare the site plan form. Licensed professionals are not required! 

*Note about private and public property: Generally, NYC DOT only issues licenses for outdoor dining within the public right-of-way outside of private property lines and the NYC Department of Buildings (NYC DOB) reviews and approves outdoor dining within private property pursuant to their standard permit and approval process. However, sidewalk cafes located within a privately-owned portion of a sidewalk widening developed pursuant to the NYC Zoning Resolution are subject to NYC DOT jurisdiction and NYC DOT approval. For more information review NYC DOB's standard permit and approval process. If you are planning outdoor dining within both private and public property, be sure to have all applicable permits and licenses before operating. 

5. Review Benefits and Costs 

Use the Dining Out NYC Financial Estimator to analyze the benefits and costs of participating in the Dining Out NYC program:

*Please note: This tool is solely an informational business resource developed by NYC Small Business Services and is not part of the Dining Out NYC application.