Last Call: Establishments With Outdoor Dining Setups Must Apply for Dining Out NYC This Week or Remove Their Setups

The Deadline To Apply Is 11:59 PM on August 3

Restaurants That Do Not Apply by the Deadline Must Remove Their Setups or Will Be Subject Fines and Summonses – $500 for the First Offense and $1,000 for Subsequent Offenses

New York City Department of Transportation (NYC DOT) Commissioner Ydanis Rodriguez reminds all food establishments with roadway and sidewalk outdoor dining setups that they must apply for the new Dining Out NYC program by the end of the day on Saturday, August 3 or remove their setups. Establishments that fail to do so will be subject to a $500 fine for the first offense and $1,000 for each subsequent offense until the setup is removed.

Establishments with existing outdoor dining setups that apply by August 3 must bring their setups into compliance with Dining Out NYC design requirements within 30 days of application approval or by November 1, 2024, whichever is sooner. The program, established under a law passed by the city council, includes seasonal roadway dining, with the season ending on November 29 and resuming on April 1. Sidewalk setups are allowed year-round. The program preserves what New Yorkers have come to enjoy about outdoor dining while addressing important quality of life issues that will make outdoor dining more accessible, safe, and inviting. 

A $1,050 license fee covers a four-year license term for roadway or sidewalk setups, or $2,100 for establishments that would like to offer both. Restaurants will also have to pay an annual revocable consent fee paid each year based on the location and size of their outdoor dining setup. While restaurants with existing outdoor dining setups must apply by August 3 or remove their setups, applications are open year-round for restaurants that would like to participate for the first time or restaurants that choose to remove their setup by August 3, but would like to participate in the future. 

Restaurants can get more information and apply online at nyc.gov/DiningOut. The website offers an FAQ on program rules, a Setup Menu offering design options for food service establishments to create compliant outdoor dining setups, and an optional Dining Out NYC Marketplace to purchase outdoor dining prototypes and services that comply with program rules. The Marketplace is a one-stop-shop for food establishments setting up sidewalk or roadway cafes and features companies specializing in construction, assembly, design, and storage of outdoor dining materials and furniture. Using these companies is optional. The Setup Menu, launched alongside the portal, presents four compliant roadway prototypes as models for outdoor dining setups, and demonstrates how to stay compliant with the requirements. 

For more information and to apply, visit nyc.gov/DiningOut.