Rules Finalized: Smoking and Vaping Prohibited in Restaurant Outdoor Dining Areas
The NYC Health Department updated its rules to match the NYC Council’s change to the Smoke Free Air Act for outdoor dining. Smoking or vaping any substance is now prohibited in all parts of a restaurant’s outdoor dining areas.
The Health Department will begin enforcing the new requirement on May 12, 2024. A restaurant violating this requirement may receive a summons subject to a monetary fine up to $1,000. View the text of the rule below:
If you have any questions, contact the Bureau of Food Safety and Community Sanitation at infoBFSCS@health.nyc.gov or 212 676-1600.
The Health Department provides guidance to restaurant operators to help them follow A-grade food safety practices and reduce fines and violations.
New Guidance: A food service establishment that conducts a specialized food process must submit an HACCP Plan for Health Department approval. Use this checklist to submit required documents:
If you plan to participate in the new Dining Out NYC program, review these requirements to make sure your outdoor dining setup is successful:
If your restaurant has 20 or more seats, including both indoor and outdoor seats, you must have a customer bathroom.
You may not allow smoking or vaping of any substance in any part of your outdoor dining setup. This follows the NYC Council's change to the Smoke Free Air Act.
You must expand your contract with a pest management professional so it covers your outdoor dining setup. For tips on hiring a pest management professional, see How to Reduce Rats Around Outdoor Dining (PDF).
You may not process food or store food, utensils or food equipment in the outdoor dining setup.
Floors in the outdoor dining setup must be made of durable, nonabsorbent materials that are easy to clean.
If you have questions about the:
NYC Health Department requirements, contact the NYC Health Department at infobfscs@health.nyc.gov or 212-676-1600
Dining Out NYC program, contact the NYC Department of Transportation at diningoutnyc@dot.nyc.gov or 212-839-4500
If you prepare food, you must have a separate hand washing station near each place you prepare food and in each restroom. Learn what your business needs to know about placing and using hand-washing sinks.
Food Service Establishments: Keeping Food Safe by Keeping Track of Time
If you serve food to customers, it is important to monitor the food’s temperature and the time held at room temperature to ensure it is safe to serve. Learn what your business needs to know about holding food safely before serving.