Outdoor Dining Regulations Clarified by NYC DOB

Outdoor Dining Regulations Clarified by NYC DOB

The New York City Department of Buildings (DOB) recently clarified certain provisions of the Department of Transportation’s (DOT) Dining Out NYC program.

The guidance applies to sidewalk cafes and roadways cafes that are beyond the property lines, and outdoor cafes located within the property lines.

Key points from the updates include:

  • Sidewalk and roadway cafes located beyond the property lines are only required to obtain the Dining Out NYC program license and revocable consent. A Temporary Use Permit (TUP) is not required.
  • Outdoor cafes located within the property lines require typical DOB approvals and permits.
  • Sidewalk cafes located within a privately-owned portion of sidewalk widening are under DOT jurisdiction.
  • Any related electrical work requires a DOB electrical permit.
  • Any natural gas-fired radiant heaters require a DOB gas permit.
  • Open flame natural gas or propane heaters are not permitted for sidewalk, roadway, or outdoor cafes. Natural gas-fired radiant heaters are permitted for sidewalk and outdoor cafes, but not roadway cafes.
  • Any awnings attached to the building require typical DOB approvals and permits.

We know the intricacies of the Dining Out NYC program can be confusing. Please feel free to reach out to us if you have any questions or need assistance with your licenses and permits.

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