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Enclosed Sidewalk Cafe Application

Applications for new enclosed sidewalk cafes are not allowed under the Dining Out NYC program.

Licensed participants in the New York City Department of Consumer and Worker Protection’s (DCWP) Sidewalk Cafe Program may be eligible to continue operating an enclosed sidewalk cafe.

Existing DCWP-licensed enclosed sidewalk cafes in operation on March 16, 2020, or the four years prior, may continue to operate, but must apply for a sidewalk cafe license and revocable consent from NYC DOT by January 31, 2026. Failure to apply will result in enforcement action unless the enclosure and dining setup are removed by the establishment.

Highlights:

  • No new enclosed sidewalk cafes permitted
  • Existing DCWP-licensed enclosed sidewalk cafes must apply by January 31, 2026

Definition of Enclosed Sidewalk Cafe

An enclosed sidewalk cafe is a sidewalk dining setup that is enclosed by a structure. These structures were constructed prior to March 16, 2020, predominantly with light materials such as glass, slow-burning plastic, or lightweight metal, pursuant to a permit issued by the New York City Department of Buildings (DOB).

Eligibility

The food service establishment must be operating pursuant to a food service establishment permit issued by the Department of Health and Mental Hygiene.

Additionally, an enclosed sidewalk cafe must have been:

Application Process

Prior to applying for an enclosed sidewalk cafe, an applicant must create an account with the Dining Out NYC application portal. 

Next, prepare your application documents, which include: 

  1. IRS Tax ID Letter (Ex: IRS147-c, SS-4, Certificate of Authority) 
  2. NYC Substitute W-9 Form (Instructions for NYC Substitute W-9 Form) 
  3. Dining Out NYC Applicant Affirmation Form 
  4. Tax Affirmation Form
  5. Property Owner Consent Form
  6. Pest Control Certification
  7. Insurance Acknowledgement Form
  8. Authorized Representative Form (Optional) 
  9. A scan of the architectural site plan previously submitted and approved by DCWP showing the enclosed sidewalk cafe and its dimensions 

Add your food service establishment to your account in the application portal. 

Then you may begin your sidewalk cafe application in the application portal. 

Approval Process

Applicants may track the status of their application on the application portal. 

Complete and accurate applications will be sent to the local Community Board and the City Council Member for review. In some cases, a NYC DOT public hearing may be required.

Once approved by NYC DOT and the City Council, as applicable, food service establishments are required to sign a revocable consent agreement and NYC DOT will issue a license authorizing operation of the enclosed sidewalk cafe for a four-year term. 

Fees

There are fees to apply for and operate outdoor dining in NYC. 

License Fee 

A non-refundable license fee of $1,050 is payable once every four years. 

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

Security Deposit 

As part of the revocable consent agreement, you will need to provide a refundable security deposit. The security deposit rate for an enclosed sidewalk cafe is $5,000. 

Revocable Consent Annual Fee 

An annual revocable consent fee must be paid each year in the four-year term. The amount of the fee is identical to the rate required to be paid as of March 16, 2020, pursuant to the DCWP rules then in effect. The DCWP rules established two zones, and the applicable revocable consent fee depends on which zone the enclosed sidewalk cafe is located in. 

*Please note: the revocable consent fee is non-refundable. 

  1. Zone One: Encompasses all of the area of Manhattan south of and including both sides of 96th Street. 
    • $5,378.13 for up to 70 square feet of enclosed cafe space; and 
    • $42.02 per additional square foot. 
  2. Zone Two: Encompasses all of the areas of NYC not included in Zone One. 
    • $4,033.60 for up to 70 square feet of enclosed cafe space; and 
    • $31.51 per square additional square foot. 

Support and Contact

The Dining Out NYC team has dedicated plan reviewers who are available to help applicants with any part of the process. 

Please contact DiningOutNYC@dot.nyc.gov with any questions and a member of staff will be in touch with you shortly.