How to Apply

To be eligible for a sidewalk and roadway cafe, your food service establishment must be: 

• Located on a ground floor that is visible from the street and directly accessible to the public from the street;
• Operated pursuant to a food service establishment permit issued by the NYC Department of Health and Mental Hygiene (DOHMH); and 
• In a permitted location pursuant to the Dining Out NYC Rules.

Find out more about where you can set up a sidewalk or roadway cafe in the Setup Guides.

Download the Dining Out NYC Financial Planning Tool (xls) from NYC Small Business Services.

Non-Refundable License Fee

The license fee is payable once every four years.

This is a flat fee paid upon application:

• $1,050 for sidewalk cafe
• $1,050 for roadway cafe
• $2,100 if applying for both

*Please note that the license fee is non-refundable.

Public Hearing Fee

If NYC DOT needs to hold a public hearing on the application for a sidewalk or roadway cafe, the notice must be published in a local newspaper. NYC DOT will handle the coordination associated with publishing the public notice. However, the applicant is responsible for the cost of publication, which is estimated to be between $1,200 to $1,500. 

Security Deposit 

As part of the revocable consent agreement, you will need to provide a refundable security deposit of $2,500 for each cafe type. The security deposit is paid once the application is approved. 

Revocable Consent Fee

This annual fee for revocable consent is calculated by multiplying the square foot area of your cafe setup by the sector rate. This fee is paid once the application is approved. Please note that the revocable consent fee is non-refundable.

Sector	Sidewalk Fee Rate                                                       (per square foot)	Roadway Fee Rate                                                       (per square foot)
1	$6	$5
2	$10	$8
3	$18	$14
4	$31	$25

Find your sector rate in the fee zone map below.

Prior to applying for a roadway or sidewalk cafe, an applicant must create an account in the application portal. 

This will require you to: 

1. Enter an email address and create a password
2. Select a security question
3. Accept the portal’s Terms and Conditions

After you create a profile in the application portal, you may apply for a roadway or sidewalk cafe. 

Prepare your documents 

The required documents to apply for a roadway or sidewalk cafe include:

1. IRS 147-C EIN Verification Letter
2. NYC Substitute W-9 Form
3. Dining Out NYC Applicant Affirmation Form
4. Tax Affirmation Form
5. Property Owner Consent Form
6. Site Plan Form: Follow instructions in the form for clearance and design requirements 
   • Sidewalk Cafe Site Plan Form
   • Roadway Cafe Site Plan Form
7. Pest Control Certification
8. Insurance Acknowledgement Form

Additional documents, required only if applicable to your application, include:

• Authorized Representative Form 
  • Complete to authorize a representative to submit an application on behalf of the restaurant
• Cellar or Basement Door Certification Form (optional) 
  • Complete if you plan to place sidewalk cafe tables or chairs over a cellar or basement door

You may upload these documents after you have completed your restaurant profile. To do so, edit your restaurant profile and upload these documents as document type "other."

Please contact NYC DOT if you need accessibility assistance with these documents.

Evaluate the area in front of your food service establishment 

1. Take five photos of the area in front of your establishment 

   

2. Take measurements of the area in front of your establishment: 
   • Sidewalk: 
     • Total width of the sidewalk, measured from the outer edge of the curb to your restaurant’s property line. 
     • Total length of your food establishment’s frontage. 
   • Roadway: 
     • Estimated width of the curb lane. 
     • Total length of your food establishment’s frontage.

Add your food service establishment to your profile 

Once you have gathered the required documents, you may add your food service establishment to your profile in the application portal. 

In the portal, you will need to:

1. Enter your Food Service Establishment Permit (FSEP) number from the Department of Health and Mental Hygiene
2. Enter information about your food service establishment. You will need:
   1. Employer Identification Number (EIN)
   2. A phone number and email at which the primary restaurant contact can be reached for any critical communications
   3. An emergency contact
   4. New York State Department of State (DOS) ID Number, if applicable (If you do not know your DOS ID, visit the Department of State's Corporation & Business Entity Database)
3. Upload required documents as prompted.

Begin your application for a Sidewalk and/or Roadway Cafe 

Once your food service establishment is added to your profile, it’s time to apply! 

1. Click “apply” in your restaurant profile 
2. Enter the measurements of the area in front of your establishment
3. Upload the required documents as prompted 
4. Upload the five photos of the area in front of your establishment 
5. Click “submit” 
6. Pay the non-refundable License Fee to complete your submission and begin the application review process 
7. Check your email inbox - the application ID # and associated invoices will be sent to the email address you provided

Prior to signing the revocable consent agreement, food service establishments will be required to obtain and maintain the following insurance: 

• Commercial General Liability insurance naming the City of New York as an additional insured in the amount of $1M per occurrence/$2M aggregate
• Liquor Law Liability Insurance (if alcohol is served) naming the City of New York as an additional insured in the amount of $1M per occurrence 
• Workers’ Compensation, Employers Liability, and Disability Benefits Insurance per statutory limits
• Commercial Automobile Liability Insurance (if automobiles are utilized) in the amount of $1M each accident

Food service establishments must submit proof of insurance acceptable to NYC DOT:

• For all insurance other than Workers’ Compensation, Employers Liability, and Disability Benefits insurance, food service establishments must submit both: 
  • A certificate of insurance; and 
  • A duly executed Certification by Insurance Broker or Agent 
• For Workers’ Compensation, Employers Liability Insurance, and Disability Benefits insurance policies, food service establishments must submit one of the following: 
  • Form C-105.2, Certificate of Workers’ Compensation Insurance; 
  • Form U-26.3, State Insurance Fund Certificate of Workers’ Compensation Insurance; 
  • Form SI-12, Certificate of Workers’ Compensation Self-Insurance; 
  • Form GSI-105.2, Certificate of Participation in Worker’s Compensation Group Self-Insurance; 
  • Form DB-120.1, Certificate of Disability Benefits Insurance; 
  • Form DB-155, Certificate of Disability Benefits Self-Insurance; 
  • Form CE-200, Affidavit of Exemption; 
  • Other forms approved by the New York State Workers’ Compensation Board.