FAQ

• NYC DOT will establish program requirements via a rulemaking process that will occur in the fall of 2023.  
  • NYC DOT anticipates that the proposed rules will be made public in the fall of 2023 and will be finalized in late 2023 or early 2024. 
  • New Yorkers will have an opportunity to review and comment on the proposed rules during this process. 
• Once the rules are finalized, NYC DOT will launch the online application portal and restaurants can begin applying for the permanent program. 

• Restaurants who are actively participating in the temporary Open Restaurants program can continue operating with existing setups throughout the remainder of 2023.
• Once the rules take effect in late 2023 or early 2024, NYC DOT will launch the online application portal for the permanent program. 
  • NYC DOT will notify all restaurants that are participating in the temporary program to submit applications. Notifications will be sent by email and through an outreach campaign.
• Once the portal opens, a restaurant participating in the temporary program will need to apply to the permanent program within a certain timeframe subject to rulemaking, currently envisioned as three months, in order to keep their current outdoor dining setup and continue operating throughout the approval process.
  • 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 permanent program's new forthcoming design requirements within 30 days of the approval of your application.

• NYC DOT will establish design requirements via a rulemaking process that will occur in the fall of 2023.
  • NYC DOT anticipates that the proposed rules will be made public in the fall of 2023 and will be finalized in late 2023 or early 2024.
  • New Yorkers will have an opportunity to review and comment on the proposed rules during this process.
• These design requirements will include the following:
  • Siting Requirements (explains distance from other street objects, e.g., crosswalks, ensuring clear pedestrian sidewalk spacing, etc.)
  • Material Requirements (material and dimensional requirements for elements that make up the outdoor dining setups, e.g., barriers, flooring, vertical elements such as umbrellas and awnings)
  • Operational Requirements (explains how restaurants can use the setups, e.g., cleanliness and storage requirements, hours of operation, seasonality, and rules such as prohibiting amplified sound)
• Setups in the permanent program will be open-air and easier to move and break down than those in the temporary program. The program will no longer allow fully enclosed structures.

• New Yorkers will have an opportunity to review and comment on the proposed rules during the rulemaking process.

• You will need to apply for a license and NYC DOT permission, called a revocable consent, for both sidewalk and roadway outdoor dining.
  • The revocable consent authorizes use of the land, and the license authorizes operating the business in that space.
  • Restaurants will be able to apply for both a license and revocable consent at the same time through the application portal. 
• If you would like to have both sidewalk and roadway outdoor dining, you will need to apply for a separate revocable consent and license for each.
• The terms of the revocable consent and license are four years.

• 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 outdoor dining setups on the sidewalk and in the roadway.
• As the name implies, the City retains the right to revoke the consent at any time.

• In the coming months, NYC DOT will be releasing more information on how to apply to participate in the permanent program and a checklist of required documentation.
• This will include submitting drawings showing dimensions and locations of tables, chairs, barriers, coverings or umbrellas, etc.
• These drawings are not required to be developed by an architect or other professional.

• NYC DOT anticipates it will take between two to six months for sidewalk outdoor dining and three to four months for roadway outdoor dining once NYC DOT receives a complete and accurate application.
• Applicants will be able to track the status of their application on the application portal.

• Sidewalk outdoor dining will be permitted to operate year-round.
• Roadway outdoor dining will be permitted to operate from April 1 to November 29.

• No. 
• All roadway setups must be broken down by November 29 and may be reinstalled April 1 on an annual basis.

• Businesses will need to identify storage space to ensure that materials can be removed during the non-roadway season.  
• NYC DOT will be working with the private sector to support emerging and existing rental businesses to supply restaurants with rentable outdoor dining setups, and the setup and breakdown services associated with them.  
• NYC DOT, the NYC Economic Development Corporation, and the Public Design Commission are also working to design and develop a modular outdoor dining setup which will adhere to the new rules and regulations for roadway dining. This project, the Kit-of-Parts, will result in final designs that will be made available to the public for use in their restaurants after the rules are finalized.  

• The cost to participate will vary based on the location of your restaurant and the size of your outdoor dining setup.  
• Restaurants will need to pay two separate fees: 
  • License Fee 
    • A $1,050 license fee, covering the four-year license term, for roadway or sidewalk dining, or $2,100 for both roadway and sidewalk dining. 
  • Revocable Consent Fee 
    • An annual revocable consent fee paid each year in the four-year term that will be determined based on the location of your restaurant and the size of your outdoor dining setup.  

Annual Revocable Consent Fee Rates:

Revocable Consent Fee Formula:

• Square footage (size) of outdoor dining setup x sector fee rate

Map of the Fee Zones:

Examples of Revocable Consent Fee Scheduled Applied:

Abbreviations:

• PSF: per square foot 
• SF: Square foot 

• The roadway dining fee rates are further discounted to account for the shorter season and wider barriers required for roadway setups. 

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

• A ground floor restaurant 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). 

• All restaurants that are visible from the street and directly accessible to the public from the street and that are operated pursuant to a food service establishment permit issued by the DOHMH can apply. 
• NYC DOT will establish a process via rulemaking to determine which restaurant can participate in cases where two restaurants are eligible to use the same space. 

• Yes. You do not need to be participating in the temporary program to apply for the permanent 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 new program within a certain timeframe after the application portal opens, subject to rulemaking. NYC DOT anticipates this timeframe will be three months. 

• Yes, an enclosed sidewalk café 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 cafés will be the rate required to be paid for the café as of March 16, 2020, pursuant to the rules of the DCWP.  

• NYC DOT will be responsible for program administration.

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

• The City will provide additional information about support once the application portal opens.  
• NYC Small Business Services (SBS) offers a variety of services at no cost to help your business start, operate, or grow, including business education courses, legal services, and more. Call SBS's Small Business Hotline at 888-SBS-4NYC (888-727-4692) to speak to a trained business specialist.

• The City is developing a Kit-of-Parts, a modular outdoor dining setup which will adhere to the finalized rules and regulations for roadway dining.  
• The final designs will be made available to the public after the rules are finalized.  

• 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. 

• Yes.  
• If your establishment serves alcohol, you may apply to the State Liquor Authority (SLA) to incorporate your outdoor dining area into the premises covered by your liquor license.  
• Please visit SLA’s website for more information on how to apply.