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Proposed Outdoor Dining Rules Released

October 19, 2023

The NYC Hospitality Alliance is happy to announce that as expected the Department of Transportation today released their proposed Rules, which is the last step in finalizing the details of “Dining Out NYC” — the city’s permanent outdoor dining program and the largest in the country.

The proposed rules include many provisions that will allow for the implementation of the program, and includes what so many have been waiting for, which is the design requirements and guidelines for the future of roadway dining a.k.a. streeteries, siting criteria on where outdoor dining set-ups can be located in relation to other street features like subway entrances, fire hydrants, and more; and the types of materials that can be used in outdoor setups. They also require that the setups preserve clear sidewalk paths and emergency roadway lanes — including water-filled, rat-resistant protective barriers for roadway setups — and use easily moveable furniture and coverings.

Beginning today, the city is launching a public outreach campaign to solicit feedback on the new proposed rules that will give restaurateurs and community members the clear guidance they need for outdoor dining to become a permanent. 

The NYC Hospitality Alliance has and will continue to advocate for our industry during the rule making process to help ensure that the final requirements best meet the needs of our local restaurants, the communities they serve, and the countless New Yorkers and visitors who love dining alfresco. We are carefully reviewing these proposed Rules and will issue a summary in the days to come.

There is now a comment period and hearing scheduled for Monday, November 20th at 10:00AM where business owners and other members of the public may provide feedback on the proposed rules for the city to consider incorporating into the requirements before they are finalized. We will engage our membership to help ensure their voices and feedback is considered in this process, so stay tuned for more information from us soon.

The first approved Dining Out NYC setups are expected to hit New York City streets in spring 2024.

Here are very important links to review for people who are interested in the future of outdoor dining in NYC:

  • CLICK HERE to review the NEWLY release proposed rules that includes the design guidelines for outdoor dining setups and more. CLICK HERE to read the Rule text.

  • CLICK HERE to review an FAQ that answers many questions like how much longer can I keep my current outdoor dining setups for and when can I apply for the new outdoor dining program and more.

  • CLICK HERE to read highlights of the permanent outdoor dining law