Al fresco dining on pavements is officially here to stay post-lockdown

  • Permanent Program Overview
  • Siting Requirements
  • Utilise
  • FAQ with Translations
  • Resources & Translations
  • Open up Restaurants Map
  • Inspections & Enforcement
  • Open Streets
  • Contact Us

Permanent Open up Restaurants Program

Due to the success of the emergency Open Restaurants Program during COVID-19, New York City is working to create a permanent Open Restaurants program. This program will be managed by NYC DOT and allow restaurants to use the sidewalk side by side and curbside roadway space in forepart of their businesses for outdoor dining. In social club to brand this program permanent, the laws that control outdoor dining in not-emergency situations must exist inverse.
NYC Permanent Open Restaurants Program Brochure (pdf)

Vision for Permanent Plan

  • NYC DOT will administer both the sidewalk and roadway café programs through a streamlined application process
  • Allow for outdoor dining on the sidewalk and in the curbside roadway space
  • Bachelor citywide
  • Detailed, upfront blueprint guidance based on the design guidelines outreach process
  • Both sidewalk and roadway seating require license agreement
  • Full NYC DOT enforcement unit to enforce roadway structures, ADA Compliance, articulate path, and amplified noise devices
  • Continued coordination with other metropolis agencies on enforcement and rules

Timeline

There are many legal changes required to making this programme permanent.

Estimated Timeframe

Milestones

Fall 2021 to Autumn 2022

Legal Actions Have Place (i.e. amendment to zoning text, changes to local constabulary, rulemaking, blueprint, and application details)

Winter 2022

Permanent Program Application Opens

2023

Permanent Program Launches

Public Outreach

NYC DOT and the Section of City Planning (DCP) will exist embarking on a 6-month outreach program engaging with New Yorkers to inform the future blueprint rules for the permanent Open up Restaurants program. In-Person and remote roundtables will accept place throughout this autumn and wintertime. These discussions will offer opportunities for New Yorkers to share their thoughts on how Open up Restaurant structures should be designed to ensure that the final programme rules balance creativity, feasibility and cost equally they seek to enhance condolement and safety for all New Yorkers. Specifics and updates on these sessions will be posted below.

>> Take the NYC Open Restaurants Survey

5 Borough Lath Meetings

NYC DOT and DCP will present to each of the five boroughs at Borough Board or Service Cabinet Meetings in December and January. NYC DOT and DCP volition share an overview of the Permanent Open Restaurants Design Guidelines Process, Goals, and solicit feedback. Members of the public are encouraged to nourish ane of the virtual public roundtables in February.

  • Queens, Monday, December half-dozen, 2021, 5:30pm
  • Brooklyn, Tuesday, December vii, 2021, 6:00pm
  • Bronx, Thursday, December 16, 2021, 10:00am
  • Manhattan, Fri, December 17, 2021, 9:30am
  • Staten Isle, Wed, January five, 2022, 4:00pm

Overview of Open Restaurants Permanent Blueprint Guidelines – Presented to all 5 Boroughs (pdf)

Virtual Public Roundtables

NYC DOT and DCP will host a series of virtual roundtables that are open to the public, where whatever New Yorker tin can share their thoughts on the permanent Open Restaurants plan. NYC DOT and DCP are rescheduling these meetings for February 2022. With the change in administration and awaiting City Council action, nosotros want to brand sure we come back to the public with equally much upwardly-to-appointment data as possible. We are looking forrad to sharing information on the Permanent Programme and gaining as much feedback as possible.

Virtual Topic-Based Roundtables

Alfresco NYC – RPA, Blueprint Trust, and Tri-State Transportation Campaign in coordination with NYC DOT & DCP will host a serial of virtual roundtables to bring together a range of stakeholders from the hospitality industry, blueprint professions, and transit and accessibility advocates, to provide an in-depth look at major bug to be addressed past the permanent program. Roundtable input volition be shared publically. Details to follow.

Engagement Procedure and Timeline

Estimated Timeframe

Milestones

Fall/Winter 2021 Design and public appointment processes, organized and led by DCP and NYC DOT, and assisted by an interagency Open Restaurants design taskforce. The blueprint taskforce consists of representatives from relevant agencies involved in managing the restaurant industry or in street planning: DOB, DCWP, DEP, DOHMH, DSNY, EDC, FDNY, LPC, MOPD, MOME, PDC, and SBS.
Spring 2022 Completion of the pattern appointment procedure, marked with the release of blueprint guidelines in Jump 2022, which will detail all the intended design parameters, vetted by the interagency grouping.
Summer/Fall 2022 A robust community and borough level appointment and outreach plan volition be set up for sharing the design concepts in advance of the City’s rulemaking process known equally the Urban center Administrative Procedure Act, or CAPA. It is through CAPA that the Urban center volition finalize and prefer formal rules relating to the permanent Open Restaurants program, including rules for outdoor dining structures in the roadway.
Winter 2022 Following adoption of the rules through CAPA, NYC DOT volition publish a last visual “manual” of design guidance, including an easy-to-utilize digital awarding that will provide a roadmap to restaurants on their outdoor dining structures. This resources will be fabricated available ahead of the official launch of applications for the permanent Open Restaurants plan, expected in late 2022.
Aleli’s roadway dining setup in Bay Ridge, Brooklyn

Apply to exist an Open up Eating place

NYC’due south Open Restaurant Program is an effort to implement a citywide multi-phase program to expand outdoor seating options for food establishments to promote open space, enhance social distancing, and assist them rebound in these hard economic times. The temporary Open Restaurant program is in effect per Executive Order.

At that place are two options for expanded outdoor dining:

  • Open Restaurants
    – Individual food establishment may use beneath and self-certify to use the sidewalk or adjourn lane side by side to their business.
  • Open Streets Full Closure
    – Customs based organizations or groups of three (iii) or more restaurants may join together to apply online for outdoor dining on streets temporarily closed to traffic. More than information and locations on nyc.gov/openstreets.

This awarding is only for food establishments seeking permission to place outdoor seating in front of their establishment on the sidewalk and/or roadway. You practice not need to apply to identify outdoor seating on private property.

NYC’south arroyo prioritizes geographic equity and allows us to attain the areas most impacted by COVID-19.

Outdoor Dining Area Siting Requirements

DRAFT diagram to show outdoor dining specifications for sidewalk seating and curbside seating at an Open Restaurant

Please review the requirements to make up one’s mind if your location qualifies to take an Open Eatery sidewalk and/or roadway seating area.

Submitting an awarding is an acknowledgement that the establishment understands and agrees to all applicable terms and conditions and all applicative laws and guidance. If an establishment is non compliant, the City may revoke or suspend its say-so at any time during the program period.

Structures

  • Structures or additions of whatsoever kind may not exist bolted down or drilled into the roadway, sidewalk, or building façade
  • Structures may not be taller than your storefront or ane story, whichever is shorter
  • Multiple level structures are non permitted on the sidewalk or roadway
  • Structures, tents or umbrellas may not block any right of way signs or street regulation signs, fire escapes, Siamese pipes or h2o sampling stations
  • The establishment cannot remove any City property already installed on the sidewalk and/or curb lane in front of their establishment; such removal by the establishment may upshot in a fine
  • No structures on the sidewalk tin be located side by side to the adjourn in the ‘amenity zone’; for roadway structures, you tin can simply build up to or on the curb

Heaters

  • Electric radiant heaters are immune on both sidewalk and roadway
  • Natural gas radiant heaters are allowed on the sidewalk only
  • Propane heaters are no longer allowed
    • The Department of Small Business organisation Services will exist providing grants up to $5,000 for restaurants with annual acquirement of $ane million or less, which may be used to swap out propane heaters for either electric or natural gas radiant heaters.

Amplified Audio

  • Amplified sound is not allowed in either sidewalk or roadway dining setups

Sidewalk Seating

  • All items for outdoor dining (i.e. tables, chairs, heaters) must be upwards against the wall of the business organization or every bit close as possible; they may not infringe upon or otherwise impede the 8’ pedestrian clear path
  • Sidewalk seating area may not exceed business frontage
  • Must exit an 8′ clear path for pedestrians
  • Must be at least 3′ from the adjacent business
  • Must not cover, shade, come up in contact with, or be placed within 1’ of the trunk or branches of a City tree
  • Must not be placed within or over City tree beds without a allow from NYC Parks
  • Must non cause rainwater runoff to discharge straight into a tree bed
  • Heaters must be placed at to the lowest degree 5’ from body or branches of City trees
  • Cannot block subway grate, utility hardware or Siamese water connectedness
  • Cannot block bus cease waiting area
  • For clear path purposes, parking meters, traffic signs and tree pits with flush gratings (without tree guards) are exempt. All other to a higher place-grade structures are considered obstructions
  • Tables and chairs must exist provided by applicant
  • No cooking, barbeque, nor open flames (i.east. ethanol gel chafing fuel) are immune in roadway nor sidewalk seating areas
  • Sidewalk seating elements must be removed when a urban center agency, utility company or other contractor needs to access the infinite for installation or repair
  • Platforms may not be installed on sidewalks

Roadway Seating

Restaurants must:

  • Comply with NYC Burn Department Open Flame and other applicable Fire Codes
  • Remove tables and chairs or secure them in place when not in operation
  • Tables, chairs, and barriers must be provided by applicant
  • No cooking, barbeque, nor open flames (i.e. ethanol gel chafing fuel) are allowed in roadway nor sidewalk seating areas

Roadway Barriers:

  • Create a protective barrier, such as planters or objects of similar size and weight, on all three sides of the seating perimeter that are in the roadway, to split seating from the travel lane
  • Barriers must exist at to the lowest degree 18” in width and 30-36” in superlative (excluding plantings) on all 3 sides that are in the roadway, to preserve visibility for motorists and provide protection for patrons (meet Siting Criteria diagram)
  • All 18” roadway barriers must exist completely filled with soil or sand
  • Barriers must take a fully built interior wall and lesser to hold filler material
  • Continuous reflector tape must be added along the meridian outside edges, and snow sticks must be added to the corners of the ii barriers facing traffic
  • A plastic water-filled barrier in front of the roadway barrier facing oncoming traffic will be required for a majority of restaurants; “high priority” restaurants for whom a water-filled barrier will be required will exist identified based on the street’s crash rates and traffic volumes, likewise as if information technology’s a truck route. These restaurants will be contacted separately to ostend this requirement applies to them. For all other restaurants, similarly placed water-filled barriers are highly recommended
  • Place such barriers direct adjacent to each other (no gaps) and no more than 8’ from the curb (encounter Siting Criteria diagram)
  • Ensure visibility of patrons and barriers at night by clearly marking all barriers with xanthous high intensity retro-cogitating tape or reflectors (run across Siting Criteria diagram)
  • Provide a ramp for ADA compliance, which can exist made of non-permanent materials
  • Not identify seating or barriers within xv’ of a fire hydrant. Doing and so jeopardizes burn down safe for your fellow New Yorkers
  • Non place seating or barriers inside eight’ of a marked or unmarked crosswalk, to provide for safe vehicle turns and avert crowding
  • Roadway structures may only be built up to or on the curb; no structures on the sidewalk can exist located adjacent to the curb in the ‘amenity zone’
  • Not provide whatever lighting that is blinding to passing traffic
  • Not place seating within a No Stopping Anytime or No Standing Anytime zone, bicycle lane, bus lane/end, taxi stand, or Car Share space
    [Exception: For part-time No Stopping or No Standing zones, seating may be placed when those rules are non in event. Barriers and seating must exist removed from the roadway when No Stopping or No Standing is in effect]

Tents & Enclosures:

  • Only apply umbrellas with a weighted base or tents or other shelters, not to exceed 400 SF (square feet) in total or fully enclose the seating area, which follow manufacturers installation instructions to secure the tents properly and safely.
  • Areas of multiple tents that are combined or are tied to each other cannot exceed 400 SF in total.
  • All such umbrellas and tents may not extend past the barrier, obstruct admission to or ventilation of utility covers, or obstruct clear paths.
  • Refer to NYC DOB’s 2021-005 Bulletin for data about when permits are required (issued May 28, 2021)
  • Umbrellas and tents should not be used during choppy atmospheric condition such as high air current condition.
  • New York Land outdoor dining guidelines allow installing a temporary or fixed embrace (i.e. canopy, roof or tent):
    • If two (2) or more side walls are open, and at least one is parallel to the roadway, you may operate post-obit all outdoor dining guidelines (i.e. vi’ between tables, no more than x people seated at one table)
    • If three (3) side walls or more are in utilize, the occupancy limit may not exceed indoor dining capacity per the NYC Restaurant Reopening Guide, and all indoor dining guidelines must be followed
  • Enclosed structures, such as plastic domes, will exist allowed for private parties and must have adequate ventilation to let for air circulation
  • Outdoor dining structures may not encompass, shade, come in contact with, or exist placed within one’ of the trunk or branches a City tree
  • Outdoor dining structures may not exist placed inside or over City tree beds without a let from NYC Parks
  • Outdoor dining structures must not cause rainwater runoff to belch directly into a tree bed; runoff from cleaning may not be discharged or allowed to flow into a tree bed
  • For restaurants with roof structures, the urban center volition be releasing tips and guidance on how to make them secure, too as quick activeness to remove snow from roofs, awnings, and tents
  • The City will allow restaurants to comprise heating elements into their outdoor dining setups, acquire more about approved heating elements in the Heating FAQ
  • Only electrical heaters are immune inside the roadway setups
  • Heating elements shall be placed at least 5’ from trunk or branches of City trees
  • Additional restrictions utilise to restaurants in New York State Hot Spot Zones
  • Structures may not be taller than your storefront or one story, whichever is shorter
  • Multiple level structures are not permitted on the sidewalk or roadway

Snow:

DSNY Guidance for Open Restaurants during Winter Weather and Snow Alerts

  • During an active snow alarm when roadway dining is suspended:
    • Open Restaurants will exist notified past email when roadway dining is suspended
    • Diners may not sit in roadway setups. Please remove or secure any tables and chairs
    • All electrical heaters in roadway set up ups must be removed
    • If possible, restaurants should remove any overhead coverings.
      At minimum, please regularly remove the snow from overhead coverings until the snow alert ends
    • When high winds are expected, restaurants should take all precautionary measures to anchor objects in the outdoor seating expanse such as umbrellas, tents, tables and chairs, or bring them within
  • If 12” or more than of snow is forecast, restaurants must also:
    • Remove or consolidate your roadway setups to have as small a footprint every bit possible along the adjourn
    • If you lot’re unable to remove or consolidate your roadway setup, you are encouraged to take steps to protect your asset from harm due to snowfall removal operations. DSNY has conducted training exercises that included simulated snow removal operations on narrow streets with roadway setups on both sides. DSNY volition carry targeted outreach to restaurants to ensure setups meet NYC DOT siting criteria and that roads can be efficiently plowed and remain passable
    • Use your snowfall sticks to increase visibility of your setup components if they are moved
  • You lot may sign up to receive snowfall alerts and all snowfall-related updates through Notify NYC. To sign up for Notify NYC, call 311, visit www.nyc.gov/notifynyc, or follow @NotifyNYC on Twitter

Eating place owners may:

  • Exit barriers in identify within a metered zone, alternating side parking, or No Parking Someday zone, provided that that tables and chairs are removed or secured when not in operation
  • Where seating is authorized along a curb, install a platform behind the required barrier to affluent meridian with curb to facilitate ADA compliance, prevent the curb from becoming a tripping risk, and permit drainage to underpass seating
    • Such platforms shall not block rain water drainage getting to the curb or flowing forth the curb
    • Such platforms shall not obstruct access to or ventilation of utility covers.

The following are prohibited without a permit from NYC Parks:

  • Tree removal
  • Tree pruning
  • Attaching lights or other materials to trees
  • Constructing any construction within or over a tree bed

To utilise for a Tree Piece of work Let, delight visit:nycgovparks.org/services/forestry/tree-work-permit

NYC Parks Tree work:

  • In the effect of emergency or routine tree work, sidewalk and/or roadway seating elements and closures must be removed for admission every bit requested by NYC Parks
  • Parks will provide at to the lowest degree 48 hours’ notice whenever possible, even so for emergency tree work, little accelerate notice may exist provided

Video: Open Restaurants Roadway Seating Walk-Through

開放餐廳路面座位示範(中文字幕)- Chinese Subtitles
Restaurantes Abiertos guía para áreas de asientos en la calzada (subtítulos en español) – Spanish Subtitles
For an sound described version of this video in English, please visit: https://youtu.be/130xTlwVYl8

Use Online

To speed upward the approval process, NYC is allowing nutrient establishments to self-certify that they meet plan requirements.

>>NYC Open Restaurants Information & Application

For translation assistance with the application, delight contact u.s. online.

Open Restaurants Map & Dashboard

Find an Open Restaurant near yous! Search the NYC Open up Restaurants map and dashboard at nycopenrestaurants.info. Restaurants appear in this database every bit before long equally they cocky-certify.

Adjacent Steps

Nutrient establishments that self-certified will receive an email from the City authorizing outdoor seating on the City’south sidewalk and/or roadway in front of the institution, in accord with all applicable terms and conditions, laws and guidance.

Upon submission of the awarding and option of either or both outdoor seating options, establishments will fulfill all the requirements of the New York State Liquor Dominance (“SLA”) for the “of right” extension and/or “Municipal” extension and no farther filing with SLA volition be required.

Inspections & Enforcement

NYC DOT may immediately revise, terminate or suspend, for a period of time and without prior notice, the seating area usage based on valid complaints, lack of ADA access, need for repairs, or for whatever other reason.

Outdoor Dining Inspections

NYC DOT teams behave inspections and respond to complaints. Nosotros piece of work with restaurants to improve their setups with the goal of bringing more businesses into compliance whenever possible. Restaurants not in compliance will be subject to fines or removal afterwards ample notice.

Abandoned Outdoor Dining

All roadway seating must be used and occupied within 30 days of authorization. If roadway seating is not used and occupied for any xxx-day period, any holding within such roadway space may be deemed abandoned and the restaurant must have information technology removed. The City may remove the abandoned holding after providing sufficient notice. Any restaurant can reapply to the programme at any time afterward removal.

Resources

Full general:

  • NYC Open Restaurants Brochure (download and print)
    • Download the NYC Open Restaurants Brochure in Standard arabic, Bengali, Chinese, French, Haitian Creole, Korean, Polish, Russian, Spanish or Urdu (pdfs).
  • NYC Open Restaurants FAQ with Translations
  • Plastic Water-Filled Barriers: How-To’south (pdf)
  • DSNY Guidance for Open Restaurants During Winter Atmospheric condition and Snow Alerts
  • NYC Health: How to Reduce Pests When Offering Outdoor Dining (pdf)
  • Open Restaurants Common Issues Checklist (pdf)

Outdoor Dining Setup:

  • Open Restaurants Accessibility Flyer (pdf)
  • Open Restaurants Accessibility Requirements (pdf)
  • Con Edison Outdoor Dining Safety Requirements for Restaurants and Cafes
  • National Grid Outdoor Dining Safe Guide (pdf)
  • What to Expect When You’re Inspected: NYC Indoor and Outdoor Dining Checklist (pdf)
  • Design Corps is Connecting Open Restaurants with Complimentary Designers & Architects to Assistance Blueprint Outdoor Dining

Outdoor Dining Service:

  • NYC Eating house Reopening Guide
  • Reopening Supplies Marketplace, including Physical Enhancements and Portable Piece of furniture
  • COVID-19: Guidance for Businesses

Executive Orders:

  • Executive Guild 126: Open Restaurants Program and the Expansion of Outdoor Seating in Phase 2
  • Executive Order 153: Open Restaurants May Utilize Temporary Outdoor Heaters in Outdoor Dining Areas
  • Executive Club 202.102: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

New York State:

  • New York State Liquor Authority Guidance on Outdoor Expansion of Licensed Premises in Response to COVID-19 Outbreak
  • New York State Department of Health’southward Interim Guidance for Outdoor Service

For help completing the application please call the
SBS Hotline: 888-SBS-4NYC
(888-727-4692). NYC launched this small business hotline to reply the most pressing questions of pocket-size business owners as they prepare to re-open. Pocket-size Business concern Advocates and Compliance Advisors volition monitor the hotline and have been equipped with the latest guidelines and regulations to share with business owners.

For questions about the Open Restaurants program, self-certification procedure, or translation assistance with the application delight contact united states online.

NYC will rely on each establishment’due south compliance with all of these terms and atmospheric condition and all applicable guidance. If you desire to report an issue, concern or violation about an Open Eating house, delight contact NYC311.

Looking for information virtually NYC’s Open Streets program? Visit NYC Open Streets.

Source: https://www1.nyc.gov/html/dot/html/pedestrians/openrestaurants.shtml