Open Restaurants FAQ

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Updated August 5, 2020

  1. Who is eligible to apply to Open Restaurants?

  2. Any food service establishment licensed by the NYC Department of Health and Mental Hygiene (DOHMH) which has business frontage on the ground floor.

  3. When can my Establishment begin using outdoor dining?

  4. As soon as Phase Two begins in NYC, outdoor dining will be legal, provided that restaurants follow the guidelines set by NY State and DOHMH. Establishments seeking to utilize additional public sidewalk or roadway space for outdoor dining operations must apply online at nyc.gov/openrestaurants and may commence upon self-certification.

  5. I already have outdoor dining space, do I need to apply?

  6. Types of outdoor dining which do not require NYC DOT approvals (but may require State Liquor Authority approvals) include:

    • Restaurants utilizing any privately owned outdoor space, such as front yards, side yards, rear yards or courtyards
    • Restaurants utilizing private parking lots
    • Restaurants utilizing balconies, terraces, or open air rooftop space
    • Restaurants on open air boats
  7. I currently have an enclosed sidewalk cafe permit. Am I permitted to seat guests within the enclosed sidewalk café next to open windows?

  8. No. Under NY State Phase Two Restaurant Guidance, only restaurants with “outdoor space" may reopen during Phase Two. “Outdoor space" is defined as an open air space without a fixed roof (besides a temporary or seasonal awning or cover). An enclosed cafe with a permanent roof would not meet the definition.

  9. My establishment is in a residential district, special district, or historic district where sidewalk cafes are not typically allowed, can I still apply?

  10. Yes, you can apply. See terms and conditions in the Open Restaurant application for further details.

  11. Can I apply if I’m on an Open Street?

  12. Yes, establishments that are currently on an Open Streets may apply for sidewalk and/or roadway seating. To view all Open Street locations visit nyc.gov/openstreets

  13. Is there a fee to apply to Open Restaurants?

  14. The City does not charge any fees to apply to the program.

  15. Do I need insurance?

  16. Yes, the City recommends you consult your insurance broker to make sure you have the appropriate coverage for the additional seating areas.

  17. What are the daily hours of operation?

  18. Open Restaurant seating may be in use:

    • Monday-Saturday: 8am-11pm
    • Sunday: 10am-11pm
  19. What is the duration of Open Restaurants?

  20. Roadway seating and sidewalk seating will last through October 31, 2020.

  21. Can my barriers and furniture remain in the roadway when I’m not in operation?

  22. Yes, except when the curb lane functions part-time as a moving lane, roadway seating area may be closed to vehicles and barriers, and may remain in place 24/7 for the duration of the program. Tables and chairs must be removed or secured in place when not in use. For part-time moving lanes, all barriers and furniture must be removed during the period the curb lane functions as a moving lane.

  23. Is the seating exclusive to my business and can I serve food?

  24. Yes, seating is exclusive for your business and table service is allowed.

  25. Can I serve alcoholic beverages in the outdoor dining area?

  26. Yes, if you are licensed by the State Liquor Authority and submit all appropriate documents.

  27. Can I use the seating area for performances or other types of activity?

  28. No. The program is for outdoor dining only at this time.

  29. Are street vendors allowed to use the curb lane or sidewalk?

  30. Yes, as long as they comply with all applicable vending laws and rules, and all health guidance.

  31. Is Open Restaurant Seating ADA accessible?

  32. Yes, the City requires all Open Restaurant seating to be ADA compliant. Visit MOPD’s Small Business Resources page for guidance.

  33. How does the Alternate Side Parking (“ASP") regulation impact seating in the roadway and what do I do if there are utility covers in the seating area?

  34. ASP spaces are available for Open Restaurant use, provided all other requirements are met. By participating in the program, you are taking responsibility for maintaining the cleanliness of the roadway curb space in front of your business. Curbside drainage and access to and ventilation of utility covers must not be impeded, and at all times, the seating area must be in a clean, neat and safe condition.

  35. Can I use elements besides furniture, barriers, and ramps?

  36. Yes, umbrellas with a weighted base or tents or other shelters, not to exceed 400 SF in total or fully enclose the seating area, which follow manufacturers installation instructions to secure the tents properly and safely are allowed on authorized sidewalk and roadway seating areas but may not extend past the barrier or obstruct access to or ventilation of utility covers. Areas of multiple tents that are combined or are tied to each other cannot exceed 400 SF in total. Umbrellas and tents should not be used during inclement weather such as high wind condition. Sign up for a Weather Advisory Subscription. Refer to the DOB 2020-013 Bulletin. Platforms may be installed in authorized roadway seating areas behind the required barrier to flush height with curb to facilitate ADA compliance, prevent the curb from becoming a tripping hazard, and allow drainage to underpass seating. Such platforms shall not block rain water drainage getting to the curb or flowing along the curb and shall not obstruct access to or ventilation of utility covers.

  37. There is not much space in front of my building, and the owner of the building next door is willing to let me use their space for tables. May I add tables and extend into their property?

  38. No. At this time, only the frontage in front a restaurant is being made available. As the program is monitored over the next several weeks, additional space opportunities may become available.

  39. Can I use the plaza in front of my business?

  40. Restaurants can work with their local BID and NYC DOT to request additional seating in plazas by emailing Plazas@dot.nyc.gov.

  41. Can I apply for roadway seating if there is a bus stop or bike lane in front of my business?

  42. Yes, you may apply. However, roadway seating may not be placed in a bus stop, bus lane, bike lane, taxi stand, Car Share parking space, or vehicular moving lane. Roadway seating may be set up in a floating parking lane in front of an approved business per the diagram below.

    Diagram to show typical set-up for Open Restaurant seating areas when a protected bike lane is on the roadway in front of the restaurant. Seating may be located in the floating parking lane, up to 8 feet deep. The bike lane, and buffered markings must remain clear. An 8 foot clear pedestrian path must be maintained on the sidewalk between the curb and any sidewalk seating in front of the restaurant.

  43. What if something is already installed on the sidewalk and/or curb lane in front of my establishment, such as a bike corral or Citi Bike station?

  44. The City will not remove nor relocate street furniture. If a Citi Bike station is installed in the curb lane, roadway seating may not be set up.

  45. Can I add lighting to seating areas?

  46. Yes, provided lighting is not blinding to passing traffic and complies with NYC Fire Department Open Flame and other applicable Fire Codes.

  47. How do I know if the curb lane in front of my business is eligible for Open Restaurants?

  48. Here is a list of the different street signs and whether they indicate if your curb lane is eligible for Open Restaurants:

    A white street sign with No Parking Anytime and a red arro pointing to the right
    Yes. You may use the roadway for dining if this is the sign in front of your business.
    A white street sign with a No Parking due to Street Cleaning symbol. Text reads Tuesday 8am-11am followed by a red arrow pointing in both directions
    Yes. You may use alternate side of the street parking spaces in front of your business for outdoor dining.
    A red street sign with No Standing Anytime and an arrow pointing in both directions
    No. You may not use the roadway in front of your business if there’s a No Standing Anytime sign.
    A red street sign with No Standing Monday-Friday 4pm-7pm and an arrow pointing in both directions
    Yes with restrictions. You may use the roadway space during the hours No Standing is not in effect. You must remove all barriers, seating and ramps during the hours No Standing is in effect.
    A red street sign with No Stopping Anytime and an arrow pointing in both directions
    No. You may not use the roadway in front of your business if there’s a No Stopping Anytime sign.
    A round blue sign position on the top of a pole with a bus and accesibility icon with the words No Standing. Lower on the pole are bus route numbers and bus station names
    No. You may not use the roadway in front of your business if it’s in a bus stop.
    A white street sign with a person hailing a cab. Text reads Taxi Stand and an arrow pointing in both directions
    No.
    A white sign with a large blue 2. Text reads: 2 hour metered parking 8am-7pm except Sunday. A blue arrow points in both directions
    Yes. You may use the roadway in front of your business.
    Two street signs. One is white with red text and a large #3. Text reads 3 hour metered parking Commercial Vehicles Only 10am-4pm Except Sunday followed by an arrow pointing in both directions. Second Street sign is white with red text and an icon of a truck in the upper left. Text reads Truck Loading Only 7am-7pm Except Sunday followed by an arrow pointing in both directions.
    Yes. You may use the roadway in front of your business.
    A red street sign with a large star and Authorized Vehicles Only: Dept of Education, School Days 7am-4pm and a red arrow pointing in both directions
    Yes with Restrictions. You may use the roadway during the hours not included on the sign. Some parking spaces are reserved all the time for Authorized Vehicles and those spaces may never be used by your business. All barriers, seating and ramps must be removed during the hours listed on the sign.
    Red street sign with white text stating No Standing. Hotel Loading Zone with a white arrow pointing left.
    Yes with Restrictions. You may use the roadway if you are the hotel or an establishment associated with the hotel and have the hotel’s permission.
  49. Can I set up tables on both sides of my very wide sidewalk as long as there is an 8-foot pedestrian pathway between?

  50. No, you may only utilize the sidewalk space alongside your storefront and/or the parking lane in the roadbed for seating. Eight feet (8’) is the MINIMUM requirement for a pedestrian pathway. See Siting Criteria image for reference.

  51. My ground floor restaurant has two frontages, as it is on the corner or is an L-shaped store, how do I indicate Total Length (ft)* and Total Width (ft)* of outdoor dining dimensions on the Open Restaurants application?

  52. Add the length of both sides to answer Total Length (ft)*. Your width should be the same on either sides, so to answer Total Width (ft), use that footage.

  53. I am filling out the SLA requirements on the Open Restaurants application. What is the Name of Certificant, and is it different from the Licensee?

  54. Yes, they are different. The certificant is the owner of the business who is on the liquor license and the licensee is the business name.

  55. When will my restaurant be inspected and by whom?

  56. Inspectors will make both proactive and complaint-driven visits. Restaurants may expect visits from the NYC Department of Health and Mental Hygiene, NYC Department of Transportation, Mayor’s Office of Special Enforcement, among others.

  57. I was told to remove my roadway seating due to non-compliance. I’ve fixed the issue, how can I get approval to proceed?

  58. Within 24 hours of receiving notice of non-compliance, you must send a photograph of the corrected deficiencies to NYC DOT. NYC DOT will assess if the correction is sufficient and confirm reauthorization.

  59. Will I be fined $1,000 without a warning?

  60. It is the applicant’s responsibility to comply with the terms and conditions required by the City of New York’s Open Restaurants program. Failure to comply increases your risk of receiving notice to remedy the deficiencies within 24 hours. If you fail to comply after such notice, the City will actively enforce all laws and rules, including but not limited to those that protect its rights of way and ensure the safety and service provided by the City’s rights of way, and may include a $1,000 fine.

  61. Can I place seating on the sidewalk adjacent to the curb in the ‘amenity zone’?

  62. No, sidewalk seating is only permitted directly adjacent to the building façade provided an 8’ clear path to the curb is maintained.

  63. Is smoking allowed in outdoor dining areas?

  64. No. Smoking and electronic cigarette use is not allowed in outdoor dining areas. Vaping and hookah smoking is not allowed.