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FAQ

Timeline

Once NYC DOT receives a complete and accurate application, the review process can take six months before a license is issued. Applicants will be able to track the status of their application on the Dining Out NYC application portal.

Sidewalk cafes will be permitted to operate year-round. Roadway cafes can operate on a seasonal or year-round basis depending on the license. Seasonal roadway cafes will be permitted to operate from April 1 to November 29.

Fees

  • Yes, there is a license fee, public hearing fee, security deposit, and an annual revocable consent fee.
  • Please find more details about the fee structure on the Fees page.

All fees except for the security deposit are non-refundable. Please check the Eligibility and Feasibility page to ensure you are eligible to participate in the program. Please see the Fees page for more information.

Application Process

In order to be eligible for the program, a food establishment must be: 

  • A 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 (NYC Health Department).
  • In a permitted location pursuant to the Dining Out NYC rules.
  • NYC DOT accepts applications for outdoor dining at any time.
  • Learn more on our How to Apply page.
  • 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.
  • Visit our Revocable Consent Agreement page to learn more about the Revocable Consent process.
  • You do not need to hire an architect nor engineer to create your site plan drawings.
  • Review the Setups Guides to understand the requirements for roadway and sidewalk cafes. 
  • After you submit your application and site plan, a DOT plan reviewer can help you make necessary site plan modifications to ensure program compliance.
  • Please note that if you are planning on putting sidewalk seating over a cellar door, you will need to complete and submit the Cellar or Basement Door Certification form which requires certification from a registered design professional.
  • Visit our How to Apply page for more information. 
  • Every NYC Department of Health FSEP permit is associated with a venue type. You are getting this error when applying because your venue type is listed as “other”. Contact the NYC Department of Health at 646 632-6253 or email infoBFSCS@health.nyc.gov and ask them to update your venue type on your FSEP permit.
  • A public hearing is required for all roadway cafes and some sidewalk cafes by the New York City Charter. The charter also defines how the hearing is held and advertised. The public hearing is held virtually, and there is no requirement for applicants to attend. NYC DOT cannot waive this requirement.
  • Please see additional details on the Public Hearing page.
  • You may not operate a roadway or sidewalk cafe while your application is under review. Once you are issued your license, you will be able to start setting up and operating.

Setup Design Requirements

  • The City created an interactive guide: visit the Setup Guide to help food establishments understand the requirements for outdoor dining.
  • Yes, you are allowed to winterize your roadway cafe. Check back soon for more information.

City Resources and Support

  • NYC DOT is responsible for program administration.
  • NYC DOT leads interagency coordination on enforcement with the Department of Sanitation, the Police Department, the NYC Health Department, and the State Liquor Authority. 
  • To file an outdoor dining complaint, you may contact NYC DOT via our webform or email DiningOutNYC@dot.nyc.gov with the business name, address, and details of the complaint along with a picture if possible.
  • Visit our Enforcement page for more information. 
  • The Dining Out NYC program has a dedicated staff of plan reviewers that will guide you through the application process.
  • Additionally, visit our Restaurant Resources page for a list of resources from City agencies.
  • NYC DOT has dedicated, multilingual staff working with food establishments on the application process as well as multilingual inspectors in the field.  
  • In addition, the online application has been translated into other languages, and NYC DOT will continue targeted outreach to ensure all communities have the information they need to participate in the permanent program. 

Miscellaneous