Client Alerts
June 25, 2021

Permanent Open Restaurants Text Amendment

The Department of City Planning’s Open Restaurants zoning text amendment entered public review on June 21, 2021. The text amendment will remove geographic restrictions on where sidewalk cafes can be located within NYC, as part of the effort to create a permanent, streamlined Open Restaurants program.

Why zoning changes are needed?

During the COVID-19 ban on indoor dining, New York City suspended existing outdoor dining regulations, including zoning rules that limit where sidewalk cafes can be located. In 2020, more than 2,500 restaurants participated in outdoor dining that would not have been eligible under sidewalk cafe regulations or would have been limited in some way. The zoning amendment would remove these geographic restrictions.

This proposal is the first in a series of changes to create the permanent Open Restaurants program. In addition to the zoning amendment, the city will move administration of the sidewalk cafe program from the Department of Consumer Affairs and Workforce Protection to the Department of Transportation, streamline the application process, and create rules for a permanent roadway dining program. Under the permanent program, restaurants will apply to a single agency for outdoor (sidewalk and/or roadway) dining, with a clear set of design guidelines on what is allowed. Restaurants would need to meet specified physical criteria for sidewalk cafes — such as “clear path” requirements — including ensuring that tables and chairs are appropriate distances from fire hydrants and neighboring businesses. Applications for sidewalk cafes would still be reviewed by local community boards. The emergency outdoor dining program remains in effect into 2022, allowing transition time for the adoption of the permanent Open Restaurants program.

Learn more about DOT’s Open Restaurant Program. 

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