NYC DOT - NYC’s Temporary Open Restaurants Program

NYC’s Temporary Open Restaurants Program

Outdoor Dining in NYC

Dining Out NYC is New York City's permanent outdoor dining program. Eligible food service establishments may apply for outdoor dining in the roadway, sidewalk, or both.

» Visit nyc.gov/diningout to learn more and apply

Temporary Open Restaurants Program Update

At this time we are no longer accepting new applications under the temporary program.

Siting Requirements

Open Restaurants Map

Inspections & Enforcement

Permanent Program Overview

FAQ

Resources

Contact Us

Aleli's roadway dining setup in Bay Ridge, Brooklyn

Temporary Open Restaurant Program Outdoor Dining Area Siting Requirements

Please review the requirements to determine if your location qualifies to have an Open Restaurant sidewalk and/or roadway seating area.

Restaurants that applied to the temporary program acknowledged that they understood and agreed to all applicable terms and conditions and all applicable laws and guidance. If an establishment is not compliant, the City may revoke or suspend its authorization at any time during the program period and may remove any roadway or sidewalk dining setup.

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General Requirements

Restaurants must:

Comply with NYC Fire Department Open Flame and other applicable Fire Codes requirements

Remove tables and chairs or secure them in place when not in operation

Not cook, barbeque, nor have open flames (i.e., ethanol gel chafing fuel) in roadway nor sidewalk seating areas

Not construct seating setups that obstruct access to, or ventilation of, utility covers

Liquor License: If your establishment serves alcohol, please refer to the New York State Liquor Authority's (SLA) guidance for information on how to incorporate your outdoor dining area into the premises covered by your liquor license

Setups

Setups or additions of any kind may not be bolted down or drilled into the roadway, sidewalk, or building façade

Setups may not be taller than your storefront or one story, whichever is shorter

Multiple level setups are not permitted on the sidewalk or roadway

Setups, tents or umbrellas may not block any street regulation signs, fire escapes, Siamese pipes, or water sampling stations

No sign, either illuminated or non-illuminated, announcement or advertising devices of any nature, shall be placed or painted on or affixed to in any manner on any setup, awning, screen or other appurtenances used in connection with the outdoor dining area; except the name of the establishment shall be permitted

The establishment cannot remove any City property already installed on the sidewalk and/or roadway in front of their establishment; such removal by the establishment may result in a penalty

No setups on the sidewalk can be located adjacent to the curb, in the 'amenity (furnishing) zone’; for roadway setups, you can only build up to or on the curb

Heaters

Electric radiant heaters are allowed on both sidewalk and roadway

Natural gas radiant heaters are allowed on the sidewalk only

Propane heaters are no longer allowed

Learn more about approved heating elements in the Heating FAQ

Amplified Sound

Amplified sound is not allowed in either sidewalk or roadway dining setups

This includes audio speakers, TVs, and live music.

Sidewalk Seating Requirements

An 8' clear path for pedestrians must be provided

For clear path purposes, parking meters, traffic signs and tree pits with flush gratings (without tree guards) are exempt. All other above-grade structures are considered obstructions

All items for outdoor dining (i.e., tables, chairs, heaters) must be up against the wall of the business or as close as possible

Sidewalk seating area may not exceed business frontage

Must be at least 3' from the adjacent business to avoid overlap and conflict between adjacent seating setups

Must not cover, shade, come in contact with, or be placed within 1’ of the trunk or branches of a City tree

Must not be placed within or over City tree beds without a permit from NYC Parks

Must not cause rainwater runoff to discharge directly into a tree bed

Heaters must be placed at least 5’ from trunk or branches of City trees

Cannot block subway grate, utility hardware or Siamese water connection

Cannot block bus stop waiting area

Sidewalk seating elements must be removed when a city agency, utility company or other contractor needs to access the space for installation or repair. Failure to remove may result in removal by the City as well as a penalty

Platforms may not be installed on sidewalks

Roadway Seating Requirements

Roadway Setups:

Barriers must be on all three sides of the seating perimeter that are in the roadway, to separate seating from the travel lane

Barriers must be at least 18” in width and 30-36” in height (excluding plantings) to preserve visibility for motorists and provide protection for patrons (see Siting Criteria diagram)

All barriers must be completely filled with water, sand or soil. Water filled barriers are strongly recommended

Barriers must have a solid exterior wall and bottom to hold filler material

A plastic water-filled barrier in front of the roadway barrier facing oncoming traffic on busy roadways is highly recommended for all roadway setups

Continuous reflector tape must be added along the top outside edges, and snow sticks must be added to the corners of the two barriers facing traffic

Barriers must be no more than 8’ from the curb

A ramp for ADA compliance, whether mobile or permanently affixed, must be provided for setups with accessibility challenges

Seating and barriers may not be within 15’ of a fire hydrant

Seating and barriers may not be within 8’ of a marked or unmarked crosswalk

Roadway setups may only be built up to or on the curb; no setups can be located in the ‘amenity zone’

Any lighting must be of a reasonable brightness and cannot be blinding to passing traffic

Roadway seating must not be within a No Stopping Anytime or No Standing Anytime zone, bike lane, bus lane/stop, taxi stand, or Carshare space

[Exception: For part-time No Stopping or No Standing zones, seating may be placed when those rules are not in effect. Barriers and seating must be removed from the roadway when No Stopping or No Standing is in effect]

Establishments may only use umbrellas with a weighted base or tents or other shelters, not to exceed 400 square feet in total

Umbrellas and tents may not extend past the barrier, obstruct access to or ventilation of utility covers, or obstruct clear paths

Refer to NYC DOB’s 2021-005 Bulletin for information about when permits are required (issued May 28, 2021)

Umbrellas and tents must not be used during inclement weather such as high wind condition and heavy snow events

Enclosed setups, such as plastic domes, will be allowed and are subject to the same standards as umbrellas and tents

Outdoor dining setups may not cover, shade, come in contact with, or be placed within 1’ of the trunk or branches of a City tree

Outdoor dining setups may not be placed within or over City tree beds without a permit from NYC Parks

Outdoor dining setups must not cause rainwater runoff to discharge directly into a tree bed; runoff from cleaning may not be discharged or allowed to flow into a tree bed

The City will allow restaurants to incorporate heating elements into their outdoor dining setups, learn more about approved heating elements in the Heating FAQ

Only electrical heaters are allowed within roadway setups

Heating elements shall be placed at least 5’ from trunk or branches of City trees

Setups may not be taller than your storefront or one story, whichever is shorter

Multiple level setups are not permitted on the sidewalk or roadway

Winter Weather and Snow Alerts:

DSNY Guidance for Open Restaurants during Winter Weather and Snow Alerts

During an active snow alert when roadway dining is suspended:

Open Restaurants will be notified by email when roadway dining is suspended

Diners may not sit in roadway setups. Please remove or secure any tables and chairs

All electrical heaters in roadway set ups must be removed

If possible, restaurants should remove any overhead coverings.

At minimum

, please regularly remove the snow from overhead coverings until the snow alert ends

When high winds are expected, restaurants should take all precautionary measures to anchor objects in the outdoor seating area such as umbrellas, tents, tables and chairs, or bring them inside

If 12” or more of snow is forecast, restaurants must also:

Remove or consolidate your roadway setups to have as small a footprint as possible along the curb

If you’re unable to remove or consolidate your roadway setup, you are encouraged to take steps to protect your asset from damage due to snow removal operations

You may sign up to receive snow alerts and all snow-related updates through Notify NYC. To sign up for Notify NYC, call 311, visit www.nyc.gov/notifynyc, or follow @NotifyNYC on Twitter

Restaurant owners may:

Leave barriers in place within a metered zone, alternate side parking, or No Parking Anytime zone, provided that that tables and chairs are removed or secured when not in operation

Where seating is authorized along a curb, install a platform behind the required barrier to flush height with curb to facilitate ADA compliance, prevent the curb from becoming a tripping hazard, and allow drainage to underpass seating

Such platforms shall not block rainwater drainage getting to the curb or flowing along the curb

Such platforms shall not obstruct access to or ventilation of utility covers.

Video: Open Restaurants Roadway Seating Walk-Through

開放餐廳路面座位示範（中文字幕）- Chinese Subtitles Restaurantes Abiertos guía para áreas de asientos en la calzada (subtítulos en español) - Spanish Subtitles For an audio described version of this video in English, please visit: https://youtu.be/130xTlwVYl8

NYC Parks Street Trees

The following are prohibited without a permit from NYC Parks:

Tree removal

Tree pruning

Attaching lights or other materials to trees

Constructing any structure within or over a tree bed

To apply for a Tree Work Permit, please visit:nycgovparks.org/services/forestry/tree-work-permit

NYC Parks Tree work:

In the event of emergency or routine tree work, sidewalk and/or roadway seating elements and closures must be removed for access as requested by NYC Parks

Parks will provide at least 48 hours’ notice whenever possible, however for emergency tree work, little advance notice may be provided

Open Restaurants Map & Dashboard

Find an Open Restaurant near you! Search the NYC Open Restaurants map and dashboard at nycopenrestaurants.info.

Inspections & Enforcement

NYC DOT may immediately revise, terminate, or suspend, for a period of time and without prior notice, the outdoor dining authorization based on valid complaints, lack of ADA access, need for repairs, lack of compliance with Open Restaurants regulations, or for any other reason.

Outdoor Dining Inspections

NYC DOT teams conduct inspections and respond to complaints. We work with restaurants to improve their setups with the goal of bringing businesses into compliance whenever possible. Restaurants not in compliance will be issued notices to correct and, if still not in compliance, will be subject to penalties or removal.

Abandoned Outdoor Dining

All roadway seating must be used and occupied within 30 days of authorization. If roadway seating is not used and occupied for any 30-day period, any property within such roadway space may be deemed abandoned and the restaurant must have it removed. The City may remove the abandoned property after providing sufficient notice. Any restaurant can reapply to the program at any time after removal.

Permanent Outdoor Dining Program – Dining Out NYC

Due to the success of the emergency Open Restaurants Program during COVID-19, New York City created a permanent outdoor dining program – Dining Out NYC. This program is managed by NYC DOT and allows restaurants to use the sidewalk and roadway space in front of their businesses for outdoor dining.

Learn more at nyc.gov/diningout.

Resources

General:

NYC Open Restaurants FAQ

Plastic Water-Filled Barriers: How-To’s (pdf)

DSNY Guidance for Open Restaurants During Winter Weather and Snow Alerts

NYC Health: How to Reduce Pests When Offering Outdoor Dining (pdf)

Open Restaurants Common Issues Checklist (pdf)

Outdoor Dining Setup:

Open Restaurants Accessibility Flyer (pdf)

Open Restaurants Accessibility Requirements (pdf)

Con Edison Outdoor Dining Safety Requirements for Restaurants and Cafes

National Grid Outdoor Dining Safety Guide (pdf)

Contact Us

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.

For questions about the Open Restaurants program or translation assistance with the application please contact us online.

NYC will rely on each establishment's compliance with all of these terms and conditions and all applicable guidance. If you want to report an issue, concern or violation about an Open Restaurant, please contact NYC311.

Looking for information about NYC’s Open Streets program? Visit NYC Open Streets.