Max and Robert Bookman, general and legislative counsel to the NYC Hospitality Alliance, have prepared the following important updates for bars and restaurants on outdoor dining rules going into the winter.
The NYC Hospitality Alliance successfully advocated for new laws allowing year-round roadway cafés, winter sidewalk café enclosures, and quarterly installment payments for café consent fees. These are important wins for our industry!
Here’s what you need to know — and what you need to do.
AT A GLANCE
* ROADWAY CAFÉS — OPT IN NOW: If you want to keep your roadway café on the street this winter, you are required to opt in to year-round roadway dining. Year-round operation is not automatic. Wait for DOT’s specifications before purchasing or installing a winter enclosure.
* SIDEWALK CAFÉ ENCLOSURES — WAIT FOR DOT RULES: Winter vestibules will be allowed from November 30 through March 31, but wait for DOT to finalize its rules before purchasing or installing one.
* CAFÉ CONSENT FEES — QUARTERLY PAYMENTS ARE COMING: Restaurants will have the option to pay sidewalk and roadway café consent fees quarterly instead of in one lump-sum payment.
ROADWAY CAFÉS: YOU MUST OPT IN TO OPERATE YEAR-ROUND
Roadway cafés can now operate year-round, but year-round operation is not automatic.
If you want to keep your roadway café on the street and operate it this winter, you are required to opt in to year-round roadway dining.
How to Opt In
If you already have a roadway café license:
* Log into the DOT Dining Out NYC portal.
* Select “Opt-In to Roadway Year-Round.”
* Follow the instructions and pay the additional $630 license fee.
OPT IN THROUGH THE DINING OUT NYC PORTAL <Click the button below.>
If your roadway café application is still pending:
* Email the DOT examiner assigned to your application and tell them you want to opt in to year-round roadway dining.
* If you are unsure who to contact, email outdoordining@dot.nyc.gov.
Note: Not all pending applicants are currently eligible to opt in. Some businesses may need to wait until their roadway café license is issued.
DON’T WAIT UNTIL THE LAST MINUTE
Seasonal roadway dining ends at the end of November. If you want your roadway café to remain on the street this winter, you must complete the year-round opt-in process.
Planning to Winterize? Wait for DOT Specifications
While roadway cafés can now operate year-round, DOT has not yet finalized the design specifications for winterizing and enclosing them.
Our recommendation: Wait for DOT to issue its rules before purchasing or installing a roadway café winter enclosure. If you winterize your roadway café prior to the rules being finalized, you are taking a risk.
The Alliance is urging DOT to issue these rules as soon as possible. Restaurants need time to plan, design, purchase, and install roadway café enclosures for the winter season.
We will notify the industry as soon as DOT releases the rules.
SIDEWALK CAFÉ ENCLOSURES: WAIT FOR DOT RULES
The new law allows restaurants and bars to winterize sidewalk cafés with winter vestibules from November 30 through March 31. However, DOT is still developing regulations governing their design.
Our recommendation: Wait for DOT to finalize its rules before purchasing or installing a winter vestibule.
The Alliance is urging DOT to move quickly and ensure its regulations fulfill the intent of the law: allowing high-quality winter vestibules that fully enclose the café space and keep guests and workers comfortable and protected from winter weather.
It is already October, and businesses cannot wait much longer to order and install their winter vestibules.
Businesses are not prohibited by the new law from ordering a vestibule before DOT issues its regulations. However, operators considering doing so should speak with an attorney to understand the potential risks.
CONSENT FEES: QUARTERLY INSTALLMENT PAYMENTS COMING
The Alliance also successfully advocated for businesses to have the option to pay their sidewalk and roadway café consent fees in quarterly installments instead of one lump-sum payment, helping reduce the upfront financial burden on small businesses.
Under the law, this provision can take up to 240 days to take effect, which will be May 2027.
The Alliance is urging DOT to make the quarterly payment option available sooner.
We’ll continue fighting for our industry and keep you informed as DOT implements these important changes.
The Dining Out NYC team will host a webinar on Tuesday October 13, to explain the new year-round roadway cafe application process.
The webinar will cover:
* How to apply for a year-round roadway cafe license
* How to upgrade an existing roadway cafe license to year-round
* Key requirements and next steps
We encourage you to join us to learn more about the new application process. Please share this invitation with your contacts who may be interested in learning more about year-round roadway cafés.
Zoom webinar details
Date: October 13, 2026
Time: 12:00 p.m.
Registration required:
https://zoom.us/webinar/register/WN_J5Pqp9LpRaap5Wm2wni6tQ<https://us.list-manage.com/6UxZLwpRnYI?e=524fcaebdd&c2id=5b09affe77dec770f66d1876ea9ab70e>
After registering, you will receive a confirmation email containing webinar information.
