DOT Proposes New Rules for Dining Out NYC

The COVID-19 pandemic transformed NYC’s streets, with many restaurants opting to provide outdoor seating for safer dining. Given the popularity of the program, Mayor Adams signed a bill that created Dining Out NYC—the city’s outdoor dining program. Before the program is fully implemented next year, NYC Department of Transportation (DOT) is receiving input on the proposed rules. To weigh in, join DOT’s online public hearing on the proposed rules on November 20, 2023 at 10:00am (details here) or email written comments on the proposed rules to rules@dot.nyc.gov.

Key proposed changes to the program include, but are not limited to:

-     Outdoor dining setups in the roadway must be removed for the season by October 31, but may be re-assembled each year for an 8-month season (April through November)

-     Fully enclosed structures will be prohibited

-     Material and siting requirements for both roadway cafes and sidewalk cafés

-     Operational and management requirements for both roadway cafés and sidewalk cafes, including accessibility requirements and operating hours

-     New fee structures (a four-year license and revocable consent are both required, with revocable consent fees dependent on location and size)

-     Revocable consent petitions will require a petition form, site plan and drawings, photographs, property owner consent, a pest control plan, and additional supporting information

Restaurants that are currently operating with existing setups may continue through the remainder of 2023. DOT will launch an online application portal for the new program in early 2024 and will notify restaurants to let them know that they need to apply. Restaurants can also review a list of frequently asked questions on the Dining Out NYC website.

Photo Credit: Elena Olivo, Rendering: Dining Out NYC