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Dining Out NYC

Dining Out NYC is New York City's permanent outdoor dining program. The requirements for how sidewalk and roadway cafes are designed, built, and operated are available on New York City's official rules website. Dining Out NYC applications are reviewed by Brooklyn Community Board 9’s Transportation Committee. To see when the committee meets, view the CB9 calendar here. Information below is directly from the Dining Out NYC website.

Interested in applying? Learn more about applying for dining out nyc.

Community Board Responsibilities
Roadway Café Information
Sidewalk Café Information

Timeline

  • Restaurants actively participating in the temporary Open Restaurants program will be allowed to continue operating while waiting for approval in the Dining Out NYC program if they submit their application for the new program by August 3, 2024. NYC DOT will start accepting applications via the application portal in March 2024. 
    • Restaurants participating in the temporary program that do not apply within this time period will need to remove their current outdoor dining setups when this timeframe has expired. 
  • Outdoor dining setups will need to comply with the Dining Out NYC design requirements within 30 days of the approval of your application.

Application Process

How do I apply for the permanent program?

  • NYC DOT is accepting applications for sidewalk and roadway cafes.
  • Learn more information on our How to Apply page.

What is a Revocable Consent and why is it a required part of the application process?

  • 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.

What will I need to submit as part of my application? Will I need to hire a professional (architect, engineer, etc.) to apply to the new program?

  • 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. 

How long will it take for my application to be approved and will there be a way to check the status of my pending application?

  • NYC DOT anticipates it will take up to six months for sidewalk cafes and up to five months for roadway cafes once NYC DOT receives a complete and accurate application.
  • Applicants will be able to track the status of their application on the application portal.

Eligibility

What food establishments are eligible?

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 (DOHMH).
  • In a permitted location pursuant to the Dining Out NYC rules.

I am not currently participating in the Open Restaurants program. Can I still participate in the new program?

  • Yes. You do not need to be participating in the temporary program to apply for the Dining Out NYC program. 
  • However, restaurants actively participating in the temporary Open Restaurants program will be allowed to continue operating while waiting for approval in the new program if they submit their application for the Dining Out NYC program by August 3, 2024.

I have a previously NYC Department of Consumer and Worker Protection (DCWP)-approved enclosed sidewalk café. Will I still be able to operate this under the new program?

  • Yes, an enclosed sidewalk cafe that was lawfully operated on March 16, 2020, or at any time within the four years prior, can still operate under the new program. 
  • The annual fee for a revocable consent for enclosed sidewalk cafes will be the rate required to be paid for the cafe as of March 16, 2020, pursuant to the rules of DCWP.

City Resources and Support

Which City agency will be responsible for program administration?

  • NYC DOT will be responsible for program administration.

Which agencies will lead enforcement of the new program?

  • NYC DOT will lead interagency coordination on enforcement with the Department of Sanitation, the Police Department, DOHMH, and the Department of Homeless Services.

What support will the City provide to help me through this process?

  • Visit our Restaurant Resources page for a list of resources from City agencies. 
  • The City will provide additional information about support once the application portal opens.

Will the City make low-cost design components available to businesses lacking financial resources?

  • The City is developing a Setup Menu, a modular outdoor dining setup which will adhere to the finalized rules and regulations for roadway cafes.

How will the City ensure that restaurant owners who do not speak English as their primary language have information about the program and are able to apply and comply with requirements?

  • NYC DOT will have dedicated, multilingual staff working with restaurants on the application process as well as multilingual inspectors in the field.  
  • In addition, the online application will be translated into other languages, and NYC DOT will do targeted outreach to ensure all communities have the information they need to participate in the permanent program.

Miscellaneous

Will alcohol service and sales continue to be allowed in sidewalk and roadway cafes?