When you apply, you acknowledge that you understand and agree to all applicable terms and conditions and all applicable laws and guidance for operating your outdoor dining area.
If you are not compliant, the City may revoke or suspend its authorization at any time.
In addition to following the rules for Open Restaurants, your business must also follow State-mandated rules to help prevent the spread of COVID-19. To learn more, visit the Coronavirus (COVID-19) and Businesses page.
Learn about Open Restaurants program rules and restrictions.
Get answers to frequently asked questions about Open Restaurants.
Hours of Operation
Restaurants and bars must close indoor and outdoor dining from 12 AM to 5 AM daily. Takeout and delivery are still allowed after 12 AM for curbside, window, or other outdoor pickup only, except for alcoholic beverages.
Customers must wear face coverings and may not linger or form lines to enter the inside of a licensed establishment:
- To order and pick up food until 12 AM daily
- To use the restroom
- If the establishment has a licensed outdoor area accessible only through an interior space, to move through the interior of the premises to access the licensed outdoor area
Separate parties moving through the interior to a licensed outdoor area must be properly distanced.
Learn more about the State's rules.
You must remove tables and chairs or secure them in place when not in operation.
Open Restaurants can incorporate heating elements into their outdoor dining setups.
You have three heating equipment options:
- Propane heaters are allowed on sidewalks only and require a permit from FDNY and compliance with FDNY regulations for outdoor use, handling, and secure outdoor tank storage overnight. Beginning May 31, 2021, propane must be removed from outdoor dining set ups.
Get guidelines for using propane heaters.
Restaurants are allowed to use tent enclosures to keep diners warm.
- In partial tent enclosures, at least 50% of the tent’s side wall surface area must remain open. Electrical heaters are allowed.
- In full tent enclosures, the tent’s side walls may be closed but occupancy limitations are capped at 25% of capacity. Indoor dining guidelines must be followed. Electrical heaters are allowed.
- Enclosed structures, such as plastic domes, are allowed for individual parties and must have adequate ventilation to allow for air circulation.
To protect your customers, staff, and property during a snow event:
- Use snow sticks to increase visibility of your seating areas
- Be prepared to remove items when a Winter Operations Advisory or a Snow Alert is issued
Sign up for snow alerts and updates from Notify NYC or follow @NotifyNYC on twitter. You should watch for two levels of advisories.
A Winter Operations Advisory is issued when winter weather is possible. Roadway dining may continue. The Department of Sanitation (DSNY) may spread salt and/or brine to prevent the road from freezing.
A Snow Alert is issued when one or more inches of snow are possible. DSNY may begin spreading salt and/or brine on the roadway up to 48 hours before an Alert begins. During this time, roadway dining must close by the time indicated in the Alert.
- Remove or secure furniture and remove electric heaters. If possible, remove the tops of your structures. If the forecast calls for 12 inches of snow or more, remove or consolidate your structures, including barriers, to take up as little space as possible. This makes plowing easier and protects your property.
- Remove snow and ice from your sidewalk. If you’re on a corner, clear a path to crosswalk.
- Don’t block fire hydrants.
- Don’t push snow into the street; this is illegal. You can place snow at the curb line, against the building, or on private property.
The City will announce when the snow alert is over and in-street dining may safely resume.
Learn more and download flyers in multiple languages.