Outdoor Dining

March 2024: Dining Out NYC applications for sidewalk and roadway cafes are now open:
https://www.diningoutnyc.info/apply/

A visual summary of the Dining Out NYC rules are available: https://www.diningoutnyc.info/rules
Read the full-text version of the rules here.

The rules and applications reference the DOT Pedestrian Mobility Plan, which classify every street in the city into one of five corridor categories –  Global Corridor, Regional Corridor, Neighborhood Corridor, Community Connector, and Baseline Street – with the clear path requirement for each one. Note: the Dining Out NYC program rules have some exceptions to the required clear path, which you can find on page 17 of the rules linked above. Look up your street here and read more details about each of five corridor categories here.

NYC Small Business Services (SBS) has also created a Dining Out NYC financial planning tool for operators to estimate their costs for participation.

The Outdoor Dining Working Group will begin processing and reviewing sidewalk and roadway cafe applications once they are received from NYCDOT.Outdoor Dining Working Group meeting dates:
Tuesday, March 12, 2024: Watch the recording
Monday, April 8, 2024: Watch the recording – Presentation of NYC DOT Pedestrian Mobility Plan
Monday, May 13, 2024
Monday, June 10, 2024
Monday, July 1, 2024
Monday, July 8, 2024
Monday, August 12, 2024
Monday, September 9
Tuesday, October 15
Monday, November 4
Monday, December 9

Outdoor Dining and Historic Districts 

The Landmarks Preservation Commission held a public hearing on a proposed amendments to Chapter 2 of Title 63 of the Rules of the City of New York, consisting of existing rules, including amendments relating to roadway and sidewalk cafes. Learn more about the proposed rules and how to sign up testify online or in-person: https://rules.cityofnewyork.us/rule/installation-of-sidewalk-and-roadway-cafes-in-areas-under-the-landmark-preservation-commissions-jurisdiction/

Watch the LPC April 16 Dining Out NYC presentation and public hearing.

Learn more about the proposed rules by clicking Here.

Watch the LPC presentation on the proposed rules from the February 13 LPC meeting and review the slides from the presentation . A transcript of the LPC presentation is also available.

The CB2 Outdoor Dining Working Group (formerly the Permanent Open Restaurants Working Group) will be holding a public hearing on the proposed rules for DOT’s Dining Out NYC program on Monday, November 6, 2023 at 6:30 pm at PS 41, the Greenwich Village School, 116 West 11th Street.  Meeting details here.

The Dining Out NYC rulemaking public comment period is: October 20, 2023 – November 20, 2023.  CB2 will be drafting a resolution in response to the proposed Dining Out NYC rules and voting on the resolution at the November Full Board meeting on Thursday, November 16, 2023.

Dining Out NYC is DOT’s permanent open restaurants program.  Dining Out NYC is currently going through the City’s rulemaking process.

There are several ways to get involved during the Outdoor Dining NYC Rulemaking Comment Period:

  1. Review the Proposed Rules for the DOT Dining Out NYC Program
  2. Testify in person at the CB2 Public Hearing on the proposed Dining Out NYC on Monday, November 6, 2023 at 6:30 pm at PS 41, the Greenwich Village School, 116 West 11th Street.  This is an in-person only meeting.  Speakers will have two minutes in which to testify.  Sign up to testify in person here.
  3. Submit written testimony to CB2 by 5:00 pm on Monday, November 6 to [email protected].
  4. Read the CB2 Resolution on the Proposed Dining Out NYC rules in the November Full Board package (available on November 16, 2023 prior to the Full Board meeting).
  5. Testify in person at the CB2 Full Board Meeting on Thursday, November 16, 2023 – location to be determined (check the CB2 Website Calendar for location updates here).  Sign up to testify here. 
  6. Submit written testimony to DOT: [email protected] 
  7. Testify on Zoom at the DOT Rules Hearing for Dining Out NYC on Monday, November 20, 2023 starting at 10:00 am.  Sign up to speak at teh DOT Rules Hearing by 5:00 pm on November 17th to ensure you are registered to speak.  Instructions for how to sign up are found here under the heading Zoom Video Public Hearing.

Here are resources for the Dining Out NYC Rulemaking Public Comment Period (October 20 – November 20):

LETTER: Outdoor Dining – address Density, Hours, and Cost – August 2023

LETTER: Follow-Up on Manhattan CB2 Priority Considerations for Permanent Open Restaurants Rulemaking – November 2022

LETTER: Manhattan CB2 Priority Considerations for Permanent Open Restaurants Rulemaking – March 2022

RESOLUTION: Manhattan CB2 Permanent Open Restaurants Zoning Text Amendment – September 2021

RESOLUTION: Manhattan Borough Board Permanent Open Restaurants Zoning Text Amendment  – September 2021

There are three main actions that the City is undertaking to facilitate the creation of a Permanent Open Restaurants Program. The first action, a citywide zoning text amendment, completed the 90-day review period by community boards and borough presidents on Tuesday, September 28, 2021.

The next two steps:
1. City Plan Commission (CPC) Review Session: Monday, October 4

2. City Planning Commission (CPC) Public Hearing: Wednesday, October 6 at 10:00 AM (public testimony)
The POR Zoning Text Amendment testimony will likely start at noon. Registration to testify opens at 9:00 AM on Wednesday, October 6 on the NYC Engage Portal:https://www1.nyc.gov/site/nycengage/events/city-planning-commission-public-meeting/290345/1

Links to all CPC agendas, livestream links, and information on how to testify at the October 6 hearing:https://www1.nyc.gov/site/planning/about/commission-meetings.page

Action 1: Removal of Locational Prohibitions via Zoning Text Amendment
The first action (Permanent Open Restaurants Zoning Text Amendment) was reviewed jointly by CB2’s Reopening Working Group and Land Use Committees. A public hearing was held on Monday, July 19, 2021, followed by two business sessions on Wednesday, September 8, 2021 and Monday, September 20, 2021. The CB2 Full Board vote was taken at the September Full Board Meeting on Thursday, September 23, 2021. The resolution is linked above with the vote count.

Send your written testimony on Permanent Open Restaurants to [email protected].

Citywide Permanent Open Restaurants Zoning Text Amendment
Open Restaurants / Sidewalk Cafes

Find out how the other 58 community boards are voting on the Permanent Open Restaurants – Go to Milestones > In Progress > Community Board Review here on ZAP.

Read and download other community boards’ Permanent Open Restaurants resolutions as they are submitted on ZAP. Go to Public Documents > CB/BB/BP Recommendations here on ZAP.

Department of City Planning – Zoning Application Portal

Public Documents

Department of City Planning Permanent Open Restaurants 

City Planning Commission (CPC) Review Session on Permanent Open Restaurants on June 21, 2021:

Video – Joint DOT & DCP Presentation to CB2 Reopening Working Group and Land Use on July 19, 2021:

DOT & DCP Powerpoint Slides presented on July 19, 2021 with specific CB2 data

Video – Mayor’s Office of Nightlife Open Restaurants Town Call on August 17, 2021 – DOT & DCP presentation to Eating and Drinking Establishment Operators This presentation covers both the current Temporary Open Restaurants program and the proposed Permanent Open Restaurants program. The presentation includes updated diagrams on amenity-zone seating (seating on the sidewalk at the curb which is prohibited in both the Temporary Open Restaurants program and in the proposed Permanent Open Restaurants program). The Q&A towards the end also offers information that may be of interest.

DCP Responses to CB2 POR Questions – September 16, 2021

Action 2: Changes to the Sidewalk Café Program
via Local Law and CAPA
– Transfers control of sidewalk cafés to DOT
– Revise design requirements and streamline duration of design review
– Create new clear path requirements and waivers to protect pedestrian right-of-way

Public Engagement Process – Design Rules: DCP and DOT will lead a series of in-person and remote roundtables as part of a citywide design engagement process for the Permanent Open Restaurants program. The roundtables will take place throughout the city during Fall 2021 and Winter 2022, culminating in the release of design guidelines during Spring 2022. The focus will be on roadway dining setups, but feedback will be taken on all design aspects of the program.

Public Outreach Sessions will be listed here once registration information is available:

DOT Open Restaurants Page
NYC Engage

Action 3: Creation of the Roadway Café via Local Law and CAPA
– Establish siting rules, guidelines, fee structure, and application review for new program

 

RESOURCES
Past CB2 Reopening Working Group Documents on Open Restaurants
RWG Committee Report with Draft Recommendations for Permanent Open Restaurants Program, March  2021 

RWG Resolution on the continuation of the Temporary Open Restaurants Program, November 2020 

RWG Letter on the Temporary Open Restaurants Program, June 2020 

 

DATA
Open Restaurants Inspections 

Open Restaurants Applications

Storefronts Reported Leased or Not Leased

 

MAP TOOLS
SLA Mapper (SLAM) – an interactive mapping tool that aggregates Open Restaurants Certifications, 311 Complaints – Open Restaurants (NYPD, DCA, DOT), 311 Complaints – Noise/Drinking, State Liquor Authority (SLA) Licenses, Sidewalk Café Licenses, and Restaurant Health Grades https://slam.beta.nyc/

ZoLA Zoning and Land Use Map

Sidewalk Cafe Map

Temporary Open Restaurants Map & Dashboard

NYC Planning Street Map: The Status & History of New York City’s Streets. This is a great resource to look up street widths.

GUIDANCE
Department of Transportation (DOT) Temporary Open Restaurants Program Guidance 

Mayor’s Office of People with Disabilities (MOPD) Open Restaurants Accessibility Guidelines

ADDITIONAL RELEVANT REPORTS
DCP Assessing Storefronts Vacancy in NYC: 24 Neighborhood Case Studies Report – August 2019

 

 

TIMELINE

FEEDBACK
Send CB2 your written testimony on the Permanent Open Restaurants program: [email protected]

DOT is actively seeking public feedback about the permanent program and wants to hear your ideas about what you want to see: https://www1.nyc.gov/html/dot/html/contact/contact-form.shtml?routing=or

Report Open Restaurants Complaints to 311:
https://portal.311.nyc.gov/article/?kanumber=KA-03320