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Rules

Mayor Adams signed a bill to create the largest - and best - outdoor dining program in the United States, Dining Out NYC! Now what?

Dining Out NYC logo featuring the Statue of Liberty holding a sparkling forkWhat is Dining Out NYC?

Dining Out NYC is New York's permanent outdoor dining program.

Dining Out NYC builds upon lessons learned and will:

  • Expand sidewalk dining to all boroughs — year-round
  • Allow roadway dining for eight months a year
  • Provide restaurants with clear design requirements
  • Be managed by the New York City Department of Transportation (NYC DOT)

When can I apply for outdoor dining?

Restaurants can apply in early 2024 via NYC DOT’s online application portal.

What is Dining Out NYC's current status?

The program is in the rulemaking process.

Proposed Dining Out NYC rules:

  • Describe the application process for outdoor dining setups
  • Explain where dining setups can be located
  • Outline the types of materials that can be used, and
  • Establish other requirements for outdoor dining setups

How can I get involved?

The public comment period ended on November 20, 2023. You may watch a recording of the public hearing on NYC DOT's YouTube.

What comes next?

The rules will be finalized and restaurants should prepare to apply. Ongoing education and outreach efforts will help restaurant owners become familiar with the application process and the rules before the application portal launches in early 2024.

Illustration of a street corner in New York City showcasing outdoor dining setups in the roadway along the curb and also on a sidewalk adjacent to a building

Proposed Setup Design: What Will Dining Out NYC Look Like? 

Here are some diagrams to help visualize a few of the proposed rules. 

*Disclaimer* This is a summary of certain proposed requirements. Please refer to the official rules website for full details, including the complete proposed rules.

Roadway and Sidewalk Setups: Siting

Outdoor dining setups will need to maintain specific distances from certain elements to make sure outdoor dining areas are safe and accessible for all users. These proposed clearances are needed to facilitate the smooth flow of traffic, provide access to important infrastructure such as subway entrances and fire hydrants, and allow for emergency vehicle access.

Diagram of Proposed Rules for Sidewalk and Roadway Setup Siting

Diagram of a city street with outdoor dining setups in New York City. Standard streetscape elements such as bus stops, traffic signals, mailboxes, etc. are identified in the illustration.

Roadway Setup: Materials

The proposed rules establish minimum standards for the materials needed to create a roadway dining setup. Certain elements, like barriers, would be required in order to have a setup, while other elements, such as lighting, are optional.

Diagram of Proposed Rules for Roadway Setup Materials 

Diagram of outdoor dining roadway setup highlighting elements like electrical connections, vertical supports, screening, and plantings.

Sidewalk Setup: Materials

The proposed rules establish minimum standards for the materials needed to create a sidewalk dining setup. Certain elements, like a demarcated perimeter, are required in order to have a setup, while other elements, such as plantings, are optional.

Diagram of Proposed Rules for Sidewalk Setup Materials

Diagram of outdoor dining sidewalk setup highlighting elements like plantings, barriers, tables, and that flooring is not permitted in sidewalk setups. Sidewalk dining setup diagram highlighting elements like plantings, barriers, tables, and that flooring is not permitted for sidewalk setups.

Operational Requirements

The operational requirements outline standard practices restaurants must follow to make sure that their outdoor dining setups are safe, attractive, and accessible such as cleanliness, storage, seasonality and hours of operation. The operational requirements in the proposed rules also set forth the various enforcement processes.