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Enforcement

Our City values outdoor dining, and we also take enforcement seriously. 

Removal protocol

If you did not apply to the Dining Out NYC program by August 3, 2024, you must remove your outdoor dining setup. 

As you dispose of your outdoor dining setup, please continue to follow the NYC Department of Sanitation (DSNY) rules for disposal of commercial waste and recycling, and consult with your designated carter on removal. 

If you applied before August 3, 2024, the outdoor dining setup must comply with the new Dining Out NYC design requirements by November 1, 2024. 

*Reminder: Roadway cafes are only permitted to operate from April 1 to November 29 each year. All roadway cafes must be removed for this winter season by November 30, 2024. 

Inspections & summons

NYC DOT continues to conduct both proactive and complaint-driven inspections. However, NYC DOT's first goal is to work with restaurants to bring them into compliance with the Dining Out NYC program. To that end, for first time violations, restaurants will receive a corrective action request (CAR), which will provide the restaurant with 30 days to correct the violations before NYC DOT issues a summons for a violation. More details on enforcement are detailed below. 

Non-compliant setups

  • For first time violations, restaurants will receive a CAR which will provide the restaurant with 30 days to correct the violation before NYC DOT issues a summons for a violation. 
    • A restaurant may protest the issuance of a CAR in accordance with the instructions on the CAR. If a protest is denied, any corrective action required by the CAR must be performed within 30 days of the denial. 
  • Restaurants that are not in compliance with any of the operation and management or design requirements contained within sections 19-160.1, 19-160.4, and 19-160.6 of the NYC Administrative Code or sections 5-10 and 5-11 of Title 34 of the Rules of the City of New York may be subject to the following penalties: 
    • $200 for the first offense
    • $500 for the second and subsequent offenses 
  • Pursuant to section 19-160.5(c) of the NYC Administrative Code, for restaurants that are repeatedly found to be non-compliant, NYC DOT may suspend or revoke the license and order the removal of the sidewalk or roadway cafe after an opportunity to be heard. 

Unlicensed setups

  • Restaurants that operate outdoor dining without a license and revocable consent may be subject to the following penalties and/or ordered by NYC DOT to remove their outdoor dining setup:
    • $500 for the first offense
    • $1,000 for the second and subsequent offenses
  • Restaurants operating an unlicensed outdoor dining setup will receive a penalty, not a CAR, on the first offense.

If your food establishment received a notice or a summons and has a question, please contact DOremoval@dot.nyc.gov and include a copy of the notice or summons.