Press Releases

July 8, 2024
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Urgent Notice: Food Establishments Offering Outdoor Dining Have 27 Days to Apply for New Program or Remove Outdoor Dining Setups

Establishments Must Apply for ‘Dining Out NYC’ by End of Day on August 3 To Continue Offering Outdoor Dining; Non-Compliant Businesses Will Receive Fines

Comprehensive Guidance, Services, and Prototypes Available Online To Make It Easy To Participate

NEW YORK – New York City Department of Transportation (NYC DOT) Commissioner Ydanis Rodriguez today issued an urgent notice to restaurants and other food establishments currently offering outdoor dining that they have exactly 27 days to apply for the city’s new outdoor dining program or must remove their outdoor dining setups. These establishments must apply to 'Dining Out NYC’ by the end of day on August 3. Applications and comprehensive guidance, services, and outdoor dining prototypes are available online at

The Dining Out NYC website makes it easy for eligible food establishments to participate by offering comprehensive guidance, detailed informational resources, compliant outdoor dining prototypes, and a marketplace offering services and products to support compliant setups. To continue operating a current outdoor dining setup, the application for the permanent Dining Out NYC program must be submitted by the August 3 deadline. This deadline is only applicable to restaurants currently participating in the temporary outdoor dining program; new and existing restaurants not currently participating can apply any time to Dining Out NYC.

“Act now! Food establishments with existing outdoor dining setups have until August 3 to apply to participate in Dining Out NYC or remove their setups,” said NYC DOT Commissioner Ydanis Rodriguez. “Outdoor dining enhances our communities, and we’re excited to make it a permanent feature of New York City streets. The city’s new outdoor dining program is the biggest and best in America and we have made it easy to participate through our online application portal and additional resources and guidance available at”

Restaurants with temporary outdoor dining setups that apply by August 3 must bring their setups into compliance with Dining Out NYC design requirements within 30 days of application approval or by November 1, 2024, whichever is sooner. Non-compliance with the August 3 deadline may result in penalties of $500 for the first offense and $1,000 for subsequent offenses. Under the new program established by City Council legislation, roadway dining will be seasonal, with the season ending on November 29 and resuming on April 1. Sidewalk setups are allowed year-round.

To facilitate a seamless transition, NYC DOT recently launched an extensive outreach campaign, including advertisements via LinkNYC, bus shelters, social media platforms, and direct outreach to participating food establishments by NYC DOT and the NYC Department of Small Business Services. In March, NYC DOT launched a user-friendly online application portal to streamline the application process, enabling restaurants to transition smoothly. The portal includes all necessary information, fees, and documentation requirements.

The Dining Out NYC website features the Dining Out Marketplace and Set-Up Menu. Launched in early May, the Marketplace is a one-stop-shop for food establishments setting up sidewalk or roadway cafes, offering companies specializing in construction, assembly, design, and storage of outdoor dining materials and furniture. Using these companies is optional. The Setup Menu, launched alongside the portal, presents four compliant roadway prototypes as models for outdoor dining setups.