Pursuant to section 371 of the New York City Charter and section 19-160.2(c)(2) of the New York City Administrative Code, NYC DOT is required to hold a public hearing on all roadway cafe applications and, in some cases, on sidewalk cafe applications. These hearings provide the public with an opportunity to comment on the roadway or sidewalk cafe application. All public hearings will be advertised via a public notice that is published in a local newspaper and in the City Record.
For applicants
If a public hearing is required, a member of the Dining Out NYC program team will contact the applicant with information on the public hearing, including the estimated cost of publication of the notice, the timing of the publication, and the date of the public hearing.
NYC DOT will coordinate publication of the public hearing notice and will conduct the public hearing. However, the applicant is responsible for the cost of the publication of the public hearing notice, which will generally range between $100 to $800.
For the general public
Dining Out NYC public hearings are an opportunity for the public to provide comments and feedback on an application for a sidewalk or roadway cafe. NYC DOT officials in attendance will not answer any questions that are posed at the hearing. NYC DOT will consider all verbal comments it receives on a sidewalk or roadway cafe application.
Dining Out NYC public hearings are typically conducted on Thursdays, with the exact time and date included in the public notice.
Dining Out NYC public hearings are held virtually via Zoom.
Instructions for accessing the public hearing are also provided on the public notice, which is published in the City Record, in addition to local publications, including but not limited to: AM NY, Bronx Times, Brooklyn Eagle, Manhattan Express, Queens Daily Eagle, and Staten Island Advance.
Option to request a draft copy of a proposed revocable consent agreement
Interested parties may request a copy of a proposed revocable consent agreement prior to a public hearing by filling out this request form.