A new rule proposal from the New York City Department of Transportation (DOT) could change how sidewalk and roadway cafes are sited, built, and operated. A public hearing has been scheduled for Monday, November 9, 2026, at 10 a.m., and anyone can speak or submit comments.
What the proposal covers
The rule amends DOT’s Dining Out NYC program, the permanent outdoor dining program the agency launched in 2024. It implements four local laws passed in 2026 and makes other changes to how the program runs. Here are the pieces most likely to affect your clients.
Year-round roadway cafes. Roadway cafes have been limited to April 1 through November 29. The proposal creates a year-round category. Existing roadway cafes could apply for a one-year interim license for year-round operation at $630, renewable only while their current revocable consent lasts. A seasonal cafe that wants to convert would need a public hearing.
Winter and weather coverings. From November 30 to March 31, cafes could use retractable, transparent vertical winterization coverings. In other seasons, they could use similar vertical protective coverings during adverse weather such as light rain. Winter overhead coverings must either withstand snow and wind loads or be removable. When DOT issues a severe weather alert, cafes must stop operating and clear patrons out.
Hours and fees. Closing time would move from midnight to 11 p.m. every day. Annual revocable consent fees could be paid in quarterly installments, though missing two installments in one term ends that option. Seasonal roadway cafes would pay lower per-square-foot rates than year-round cafes. In Sector 1, for example, the rate is $5 for seasonal and $6 for year-round. Failing to pay on time three times in two years could lead to license revocation.
Siting and design. Several changes affect layout and construction details:
- Roadway cafes would need eight feet of clearance from pedestrian ramps.
- The required setback from a crosswalk on the approaching-traffic side would drop from 20 feet to as little as 14 or 8 feet, depending on roadway width.
- Roadway cafe barriers could be filled with liquid other than water, such as anti-freeze solutions.
- Some sidewalk cafes with a single row of tables adjacent to a building facade, extending no more than four feet six inches out, wouldn’t need perimeter demarcation.
- Sidewalk cafes on sidewalks with a slope or grade change of at least five percent could use flooring.
- Drive rails would no longer count as obstructions when measuring the pedestrian clear path, though cafes would need to keep six feet from them.
- Where the emergency travel lane is under 15 feet wide, the Department of Sanitation would join the Fire Department in reviewing the siting. The lane could never be narrower than 12 feet.
Operations and enforcement. Cafes would have to stay “service-ready” during operating hours, meaning furniture is arranged for customers and the space isn’t used for storage. Gates would be allowed on roadway cafes but not sidewalk cafes. DOT could serve removal orders by email. The penalty schedule would be split into 36 separate violations, generally $200 for a first offense and $500 for repeats.
The hearing: when and how to attend
The hearing will be held online only.
Date and time: Monday, November 9, 2026, at 10 a.m.
Join by computer or phone with Zoom: Use the link below, or copy and paste it into your browser.
https://zoom.us/j/91864978875?pwd=efRyTYBpH1oA3dRUCycUIKMbQTCzhb.1
Meeting ID: 918 6497 8875
Passcode: 575347
Join by phone only: Call 1-929-205-6099 and enter access code 918 6497 8875, then password 575347. DOT recommends the call-in option if your internet connection is weak or inconsistent.
Speaking at the hearing: You’ll get up to three minutes. DOT prefers that you sign up in advance by emailing rules@dot.nyc.gov by November 6, 2026. Include your name and affiliation. You can also indicate during the hearing that you’d like to speak.
Can’t make the hearing? Submit written comments
Written comments are due by 5 p.m. on November 9, 2026. You can send them four ways:
- Online at rules.cityofnewyork.us
- By email to rules@dot.nyc.gov
- By mail to Lauren Antonelli, Executive Director, Dining Out
