The Dining Out NYC program allows food establishments to place seating on the sidewalk or parking lane in front of their establishments. 

Before food establishments can open their outdoor dining areas, a Dining Out NYC license must be obtained. 

You can report a Dining Out NYC set-up that is: 

  • Abandoned or operating on roadways, off season between November 30th and March 31st  
  • Blocking sidewalks or streets  
  • Blocking neighboring building entrances 
  • Missing required roadway barriers, or sidewalk perimeter marker 
  • Electrical wiring crossing the sidewalk or street 
  • Improper roadway barriers 
  • Not accessible for people with disabilities 
  • Not approved license by the Dining Out NYC program 

You must include the exact street address and business name of the food establishment in your report. 

Blocked Sidewalk 

Sidewalk seating must maintain a minimum of 8-foot clear path for pedestrians, free from obstructions, between the seating and the curb.

Seating cannot block: 

  • Bike racks 
  • Bus stop shelters or waiting areas 
  • Sidewalk grates or utility covers 
  • The furnishing zone (space between the curb and the sidewalk clear pathway where street furniture and amenities, such as lighting, benches, signs, bike rack, and other items are placed)

Seating Set Up Incorrectly

You can report sidewalk seating that is:

Barrier Missing or Not in Compliance 

Food establishments can place dining areas at the curb or parking lane on the street in front of their business. 

To protect customers and ensure visibility by motorists, food establishments must separate curb lane seating from the travel lane with water-filled barriers on all three sides of the seating area that are in the roadway.  

They must be: 

  • At least 4 inches in width and between 30- 42 inches in height (excluding plantings) 
  • A 4-inch-wide reflective strip must be included along the outward facing side of each barrier for the entire perimeter of the setup
  • Interconnected and any covering over the barrier is securely fastened or affixed
  • No more than 8 feet from the curb 

Site Set Up Not in Compliance 

You can report curb lane seating or barriers that

Blocked Street Zones

Food establishments with on-street seating cannot block:

  • Bike lanes
  • Bus stops
  • Car share or bike share spaces
  • Crosswalks or vehicle turning zones
  • Fire hydrants
  • No Standing or No Stopping Anytime zones

Blocked Utility Cover

Dining areas cannot block access to or ventilation of utility covers.

You can report that valve, catch basin/storm drain, manhole, and ventilated grating covers are blocked by an outdoor seating area.

Platform Defective

To comply with accessibility guidelines, prevent the curb from becoming a tripping hazard, and allow drainage to pass under seating, food establishment may install platforms in their roadway setups. 

You can report platforms that are: 

  • Not connected to the curb 
  • Blocking rainwater drainage to or along the curb 
  • Blocking access to ventilation or utility covers 

You can report an Outdoor Dining roadway setup that is abandoned or in use off season. 

If a food establishment permanently closes but leaves their Dining Out NYC setup in the roadway, that property is considered abandoned. 

Signs that a food establishment may be permanently closed include: 

  • A “for sale” or “for lease” sign posted on the property 
  • Site setup items that are severely damaged and not suitable for use by patrons, or which pose a danger to the public 

The new Dining Out NYC Program allows authorized restaurants to operate from April 1st through November 29th. Afterwards, the set-up must be removed from the roadway.  

Dining Out NYC seating must meet accessibility guidelines and comply with the Americans with Disabilities Act (ADA). 

Restaurants must: 

  • Install curb ramps or platforms to connect the sidewalk to the street level 
  • Install ramps that cover electrical wiring crossing the sidewalk or on the roadway 
  • Make at least 5% of dining surfaces (but no less than 1) accessible for seating and standing

Learn more about accessibility requirements.

Before opening outdoor seating areas, food establishments must apply for the Dining Out NYC program with the Department of Transportation (DOT). 

All food establishments with an approved license are listed in the Dining Out NYC Database

Alcohol Service

Bars and restaurants can serve alcoholic beverages only if they are licensed by the State Liquor Authority and submit all appropriate documents with their Dining Out NYC application.

To report a food establishment serving alcohol without a license, visit the Alcohol License Check page.

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