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City Urges Restaurants to Apply for Outdoor Dining Program by Aug 3 or Remove Setups Immediately

Establishments must apply in order to continue offering outdoor dining, non-compliant businesses will receive fines

New York City Department of Transportation (NYC DOT) Commissioner Ydanis Rodriguez has issued an urgent notice to restaurants and other food establishments currently offering outdoor dining to apply for the city’s new outdoor dining program or remove their outdoor dining setups. These establishments must apply to 'Dining Out NYC’ by the end of day on August 3. 

The Dining Out NYC website offers comprehensive guidance, detailed informational resources, compliant outdoor dining prototypes, and a marketplace offering services and products to support compliant setups. To continue operating a current outdoor dining setup, the application for the permanent Dining Out NYC program must be submitted by the August 3 deadline.

This deadline is only applicable to restaurants currently participating in the temporary outdoor dining program; new and existing restaurants not currently participating can apply any time to Dining Out NYC.

“Act now! Food establishments with existing outdoor dining setups have until August 3 to apply to participate in Dining Out NYC or remove their setups,” said NYC DOT Commissioner Ydanis Rodriguez. “Outdoor dining enhances our communities, and we’re excited to make it a permanent feature of New York City streets."

Restaurants with temporary outdoor dining setups that apply by August 3 must bring their setups into compliance with Dining Out NYC design requirements within 30 days of application approval or by November 1, 2024, whichever is sooner.

Non-compliance with the August 3 deadline may result in penalties of $500 for the first offense and $1,000 for subsequent offenses. Under the new program established by City Council legislation, roadway dining will be seasonal, with the season ending on November 29 and resuming on April 1. Sidewalk setups are allowed year-round.

Applications and comprehensive guidance, services, and outdoor dining prototypes are available online at