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FAQ

Timeline

  • Roadway cafes are only permitted to operate from April 1 through November 29 each year. All roadway cafes must be removed by November 30 of each year. You are allowed to set up your roadway cafe seven days prior to April 1, starting March 25.
  • Food establishments that submitted a sidewalk application before the August 3, 2024 deadline are allowed to operate their sidewalk cafe during the application review process. Sidewalk cafe setups must comply with the Dining Out NYC program rules and design requirements.
  • All outdoor dining setups will need to comply with the Dining Out NYC design requirements within 30 days of the approval of your application.

Setup Design Requirements

  • To help food establishments understand the requirements for outdoor dining, the City has created an interactive guide: visit the Setup Guide.
  • All roadway and sidewalk cafe setups must follow the Dining Out NYC program design requirements included in the Setup Guides.

Application Process

  • NYC DOT is accepting applications for sidewalk and roadway cafes on a rolling basis.
  • Learn more information on our How to Apply page.
  • A revocable consent is the mechanism through which the City grants a right to an individual or organization to construct and maintain certain structures on, over, or under the streets and sidewalks of the City, including sidewalk and roadway cafes.
  • As the name implies, the City retains the right to revoke the consent at any time.
  • Visit our Revocable Consent Agreement page to learn more about the Revocable Consent process.
  • Drawings are not required to be developed by an architect or other professional.
  • Review the Setups Guides to understand the requirements for roadway and sidewalk cafes. 
  • Visit our How to Apply page for more information. 
  • Every NYC Department of Health FSEP permit is associated with a venue type. You are getting this error when applying because your venue type is listed as “other”. Contact the NYC Department of Health at 646 632-6253 or email infoBFSCS@health.nyc.gov and ask them to update your venue type on your FSEP permit.
  • Once NYC DOT receives a complete and accurate application, the agency anticipates it will take up to six months for the public review process until issuing a license.
  • Applicants will be able to track the status of their application on the Dining Out NYC application portal.

Season

  • Sidewalk cafes will be permitted to operate year-round.
  • Roadway cafes will be permitted to operate from April 1 to November 29.
  • No. 
  • Roadway cafes may only operate between April 1 and November 29 each year. Food establishments may set up their roadway cafe seven days prior to April 1.
  • Businesses will need to identify storage space to ensure that materials can be removed during the non-roadway season.  
  • Food establishments can visit the Dining Out NYC Marketplace to work with companies from the private sector that offer storage options, rentable roadway cafes, and other services.
  • NYC DOT, the NYC Economic Development Corporation, and the Public Design Commission designed and developed a modular outdoor dining setup which adheres to the new rules and regulations for roadway dining. This project, the Setup Menu, resulted in final designs available to the public for use in their restaurants.  

Fees

  • Yes, there is a license fee, public hearing fee, security deposit, and a revocable consent fee.
  • Visit our Fees page for more information.
  • The roadway dining fee rates are further discounted to account for the shorter season and wider barriers required for roadway cafes. 

Eligibility

In order to be eligible for the program, a food establishment must be: 

  • A ground floor food establishment 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 (NYC Health Department).
  • In a permitted location pursuant to the Dining Out NYC rules.
  • Yes, an enclosed sidewalk café that was lawfully operated on March 16, 2020, or at any time within the four years prior, can still operate under the new program.  
  • NYC DOT will be reaching out to all food establishments that are operating a licensed enclosed sidewalk cafe with instructions on how to renew their license.  

City Resources and Support

  • NYC DOT is responsible for program administration.
  • NYC DOT will lead interagency coordination on enforcement with the Department of Sanitation, the Police Department, the NYC Health Department, and the State Liquor Authority. 
  • To file an outdoor dining complaint, you can call 311 or email DiningOutNYC@dot.nyc.gov with the business name, address, and details of the complaint along with a picture if possible.
  • Visit our Enforcement page for more information. 
  • The City developed the Setup Menu, a modular outdoor dining setup which adheres to the finalized rules and regulations for roadway cafes.
  • NYC DOT has dedicated, multilingual staff working with food establishments on the application process as well as multilingual inspectors in the field.  
  • In addition, the online application has been translated into other languages, and NYC DOT will continue targeted outreach to ensure all communities have the information they need to participate in the permanent program. 

Miscellaneous