The Open Restaurant program is a municipal initiative in New York City that allows food service establishments to expand operations into public outdoor spaces. This permanent framework permits restaurants to use portions of the sidewalk and the street’s curb lane for dining areas. The program establishes a regulated system for businesses to obtain a license to serve patrons outdoors, transforming the urban streetscape.
How the Open Restaurant Program Began
The program was launched in June 2020 as an emergency measure in response to the economic fallout of the COVID-19 pandemic. With indoor dining severely restricted or prohibited, the program provided immediate economic relief for the city’s hospitality sector.
The temporary regulations were intentionally streamlined, allowing restaurants to self-certify their compliance and quickly set up outdoor seating on sidewalks and in parking lanes. This swift action helped over 12,000 businesses and was credited with saving an estimated 100,000 restaurant jobs.
Understanding the Types of Outdoor Dining Setups
The program delineates two distinct physical setups for outdoor dining: the Sidewalk Cafe and the Roadway Cafe. A Sidewalk Cafe utilizes the public space immediately adjacent to the restaurant on the existing pedestrian walkway. This arrangement benefits from its proximity to the establishment and allows for year-round operation.
The Roadway Cafe, often referred to as a “streetery,” occupies the curb lane or parking lane of the street directly in front of the restaurant. This setup typically offers a larger seating capacity but is inherently more complex due to its placement next to moving traffic.
The Permanent Status of Outdoor Dining
The success of the emergency initiative led to a legislative effort to convert the temporary program into a regulated, permanent fixture of the city. This effort culminated in the passage of the “Dining Out NYC” program under Local Law No. 121 of 2023. The new law established a formal, long-term licensing structure to replace the previous temporary permits.
The transition process included a “Zoning for Outdoor Dining” text amendment, which removed many of the geographic restrictions that had previously limited where sidewalk cafes could operate. The New York City Department of Transportation (DOT) was designated as the agency responsible for administering and enforcing the new program.
Restaurants must now obtain a license and revocable consent from the DOT, a process that includes public review and a four-year license term. The new structure maintains a seasonal distinction for street seating; while Sidewalk Cafes can operate year-round, Roadway Cafes are only permitted from April 1 through November 29. This seasonal requirement mandates that all roadway structures must be removed and stored for the winter period.
Essential Design and Operational Requirements
Accessibility and Clearances
Compliance with the Americans with Disabilities Act (ADA) and ensuring pedestrian flow are required for all outdoor dining setups. Restaurants must maintain a required “clear path” on the sidewalk that is completely unobstructed by tables or structures. This clear path must be the greater of 50% of the sidewalk width or a minimum of 8 to 12 feet, depending on the street’s corridor type.
The setup area must also be sited to maintain specific clearances from street infrastructure, such as fire hydrants and crosswalks. For example, seating may not be positioned within 15 feet of a fire hydrant.
Structural Materials and Safety
The permanent design standards mandate that all structures must be readily removable and non-permanent. Roadway Cafes are no longer permitted to use fully enclosed structures, which were associated with sanitation and aesthetic issues. Structures must be open-air and designed to be easily disassembled for the mandatory winter removal.
Roadway Cafes require protective barriers, such as water-filled barriers, on all sides that face the street to ensure safety from moving traffic. The DOT requires that restaurants submit a comprehensive pest control plan as part of the licensing process. Additionally, the new rules task the DOT with stronger enforcement of maintenance and sanitation standards to prevent structures from becoming neglected.
Operating Hours and Noise Regulations
The permanent program includes provisions for regulating noise, particularly concerning amplified sound, to mitigate disturbances for nearby residents.
Community Impact and Economic Benefits
The permanent outdoor dining program has yielded significant economic benefits, providing a sustained boost to the restaurant industry across the city. The program dramatically increased the number of outdoor dining establishments, particularly outside of Manhattan, leading to a more equitable distribution of this amenity.
Low-income communities and communities of color have seen a substantial increase in outdoor dining options compared to the pre-pandemic era. The expansion of outdoor seating has also contributed to a more vibrant street life, activating public spaces and enhancing the urban experience. Despite the overall positive impact, the program has faced criticism from some residents regarding increased noise, the loss of parking spaces, and concerns over sanitation and vermin.