Proposed Rules Issued for Outdoor Dining

In August, New York City Mayor Adams signed a bill to create a permanent outdoor dining program, called “Dining Out- NYC,” which grants the Department of Transportation authority to issue permanent licenses for roadbed and municipal sidewalk seating.  DOT just issued proposed rules for the Dining Out-NYC program with notice of a public hearing to review those rules before they are adopted.  Here is a copy of those proposed rules:  DOT Outdoor Dining Proposed Rules.pdf (

DOT will be conducting a public hearing on the proposed rules online on November 20, 2023 at 10:00 am. Participants can join the Zoom meeting via the link above.  Written comments can also be submitted to  Anyone wishing to speak at the meeting must register to do so by November 17th.  Once final rules are enacted, DOT will launch an online application portal and applications will be accepted in early 2024.  Operators who have temporary permits under the Open Restaurants program may continue to use those permits through the remainder of 2023, and then must apply under the new program within three months.