Food service establishments are required to sign a revocable consent agreement before they install an approved setup on the roadway or sidewalk.
Insurance requirements
Prior to signing the revocable consent agreement, food service establishments will be required to obtain and maintain the following insurance:
- Commercial General Liability insurance naming the City of New York as an additional insured in the amount of $1M per occurrence/$2M aggregate (download a sample Certificate of Insurance)
- Liquor Law Liability Insurance (if alcohol is served) naming the City of New York as an additional insured in the amount of $1M per occurrence
- Workers’ Compensation, Employers Liability, and Disability Benefits Insurance per New York State law
- Commercial Automobile Liability Insurance (if automobiles are utilized) in the amount of $1M each accident
Food service establishments must submit proof of insurance acceptable to NYC DOT:
- For all insurance other than Workers’ Compensation, Employers Liability, and Disability Benefits insurance, food service establishments must submit both:
- A certificate of insurance; and
- A duly executed Certification by Insurance Broker or Agent
- For Workers’ Compensation, Employers Liability Insurance, and Disability Benefits insurance policies, food service establishments must submit one of the following:
- Form C-105.2, Certificate of Workers’ Compensation Insurance;
- Form U-26.3, State Insurance Fund Certificate of Workers’ Compensation Insurance;
- Form SI-12, Certificate of Workers’ Compensation Self-Insurance;
- Form GSI-105.2, Certificate of Participation in Worker’s Compensation Group Self-Insurance;
- Form DB-120.1, Certificate of Disability Benefits Insurance;
- Form DB-155, Certificate of Disability Benefits Self-Insurance;
- Form CE-200, Affidavit of Exemption;
- Other forms approved by the New York State Workers’ Compensation Board.
Once the revocable consent agreement is executed, NYC DOT will submit the revocable consent agreement to the NYC Comptroller for registration. Once the revocable consent agreement is registered with the NYC Comptroller, NYC DOT will issue the license along with a copy of the revocable consent agreement.
Revocable consent fee
An annual revocable consent fee must be paid each year in the four-year term. The amount of such revocable consent fee will be determined based on the location and size of the sidewalk or roadway cafe. Please note that the revocable consent fee is non-refundable.
Learn more about the revocable consent fee and other outdoor dining fees on the Fees page.
NYC DOT inspectors will visit for an installation inspection after issuance and may request corrections for compliance. Check your email and mail to ensure timely corrections; notices will be emailed and mailed to the address you provided in your account profile.
For more information on operating your sidewalk or roadway cafe in compliance with the Dining Out NYC rules, visit the How to Operate a Roadway Cafe and How to Operate a Sidewalk Cafe pages in the Setup Guides.
Happy outdoor dining, NYC!