Dining Out NYC: Sidewalk Cafes & Roadway Cafes

In light of the popularity of outdoor dining during the pandemic, in 2025 New York City introduced its new outdoor dining program known as Dining Out NYC. This program allows for both sidewalk and roadway dining and, unlike the temporary outdoor dining program previously enacted as an emergency measure, the program is now permanent across all boroughs, allowing certain restaurants to offer outdoor seating from April 1 through November 29.

Application Process

  • Department of Transportation: The DOT will first review your application for completeness and compliance with the program rules. 
  • Community Board: Your application will be sent to the local community board for advisory review. The community board may hold a public hearing and issue a recommendation to approve, deny, or modify your proposal. 
  • Public Hearing: DOT must then hold a public hearing for all Roadway Cafe applications, and some sidewalk cafe applications. 
  • Additional Agency Review: Depending on the community board's recommendation, your application might undergo further review by agencies like the Fire Department, the Mayor's Office for People with Disabilities, and the Landmarks Preservation Commission.
  • Comptroller's Office: For roadway applications, the NYC Comptroller's office is the last step in the process before NYC DOT can issue a license.
  • State Liquor Authority (SLA): Any new permanent outdoor dining area must be added to the licensed premises covered by your liquor license. Applicants must file an Application for Permission to Make Alterations with the SLA. In 2025, the SLA accepted conditional approvals issued by the Department of Transportation (DOT), allowing restaurants to serve alcohol while applications were reviewed. 


Fees Payable to NYC

  • Non-Refundable License Fee: A $1,050 license fee covering the four-year license term for roadway or sidewalk cafes, or $2,100 for both roadway and sidewalk cafes.
  • 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 cafe.  The rates and zones that determine the consent fees are determined by the City.
  • Security Deposit: A separate $2,500 security deposit is required for each sidewalk cafe and roadbed seating area.
  • Publication Fee: You may incur a publication fee of $500 to $1,000. This is only due if a public hearing is required.


Operational Restrictions

While the program is permanent, some outdoor seating is limited to warmer months and all outdoor seating must abide by midnight closing hours.

  • Sidewalk cafes are permitted to operate year-round.
  • Roadbed seating may only be operated from March 31 to November 30 of each year, meaning you will need to break down and store your roadbed dining setup every winter.
  • The maximum permitted hours are 8:00 AM to midnight, Monday through Saturday and 10:00 AM to midnight on Sunday.  However, Community Boards may request earlier closing times.


Physical Standards

The city has created helpful interactive set up guides that detail the restrictions and limitations on outdoor dining setups.  We encourage you to review these guides carefully here to see how they apply to your space and to determine what your setup might look like.  You should consider engaging an architect or non-licensed expeditor to prepare the detailed diagrams required by the application. Our attorneys work closely with several professionals and can make introductions to prepare the necessary diagrams and ensure compliance with the rules.