The updated rules for NYC’s permanent outdoor dining program, “Dining Out NYC,” have just been finalized by Mayor Eric Adams, New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez, and Chief Public Realm Officer Ya-Ting Liu, and there are lots of changes in store.
NYC first saw outdoor dining structures arise during the pandemic, when indoor dining was not permitted in NYC at the time. These sidewalk cafés and streeteries soon became crucial for small businesses’ success. Legislation was even passed in the summer of 2023 permitting outdoor dining for every restaurant across every neighborhood in the five boroughs, when it was almost exclusively just in Manhattan at one point.
Now, further official rules have been outlined for the city’s “Dining Out NYC” program to launch in March. Learning from the mistakes made during the pandemic-era’s temporary outdoor dining program, the final rules hope to prioritize equity, and strengthen access to safe, clean outdoor dining across all boroughs.
What do restaurant owners and diners need to know about the final new rules? First off, businesses will pay their yearly fee based off of the length and width of their new roadway/sidewalk cafe. Secondly, no new structures are allowed to be fully enclosed. Furthermore, though sidewalk cafes are permitted year-round, roadway cafes can only operate for an eight-month season from April to November.
“Ultimately, the final rules will create a lighter-weight outdoor dining experience with lines of sight, as compared to the fully-enclosed shacks of the temporary, COVID-19-era program.”
An online application portal for “Dining Out NYC” opened up to restaurants in March 2024. Establishments with existing structures will have until August 3, 2024 to apply for continued operation until receiving NYC DOT application approval.
Customers can expect the first “Dining Out NYC” approved setups to take shape in summer 2024.
“After several years under a temporary program, New Yorkers finally have rules to govern the future of outdoor dining,” said Maulin Mehta, New York director, Regional Plan Association. “The new program balances business and community needs to improve our streets and give all neighborhoods an opportunity to enjoy alfresco dining.”
You can find more detailed information on the new program here.