There are updated Sidewalk Café Barriers requirements for New York City. The temporary outdoor dining program is ending and restaurants must re-apply under the new sidewalk cafe regulations. Restaurants that applied to the temporary program acknowledged that they understood and agreed to all applicable terms and conditions and all applicable laws and guidance. If an establishment is not compliant, the City may revoke or suspend its authorization at any time during the program period and may remove any roadway or sidewalk dining setup.
These are the current requirements from New York City for outdoor dining areas:
https://www.diningoutnyc.info/rules/sidewalk/siting-setup-area
https://zr.planning.nyc.gov/article-i/chapter-4
General Requirements
Restaurants must:
- Comply with NYC Fire Department Open Flame and other applicable Fire Codes requirements
- Remove tables and chairs or secure them in place when not in operation
- Not cook, barbeque, nor have open flames (i.e., ethanol gel chafing fuel) in roadway nor sidewalk seating areas
- Not construct seating setups that obstruct access to, or ventilation of, utility covers
- Liquor License: If your establishment serves alcohol, please refer to the New York State Liquor Authority's (SLA) guidance for information on how to incorporate your outdoor dining area into the premises covered by your liquor license
Setups
- Setups or additions of any kind may not be bolted down or drilled into the roadway, sidewalk, or building façade
- Setups may not be taller than your storefront or one story, whichever is shorter
- Multiple level setups are not permitted on the sidewalk or roadway
- Setups, tents or umbrellas may not block any street regulation signs, fire escapes, Siamese pipes, or water sampling stations
- No sign, either illuminated or non-illuminated, announcement or advertising devices of any nature, shall be placed or painted on or affixed to in any manner on any setup, awning, screen or other appurtenances used in connection with the outdoor dining area; except the name of the establishment shall be permitted
- The establishment cannot remove any City property already installed on the sidewalk and/or roadway in front of their establishment; such removal by the establishment may result in a penalty
- No setups on the sidewalk can be located adjacent to the curb, in the 'amenity (furnishing) zone’; for roadway setups, you can only build up to or on the curb
Heaters
- Electric radiant heaters are allowed on both sidewalk and roadway
- Natural gas radiant heaters are allowed on the sidewalk only
- Propane heaters are no longer allowed
Learn more about approved heating elements in the Heating FAQ
Amplified Sound
- Amplified sound is not allowed in either sidewalk or roadway dining setups
- This includes audio speakers, TVs, and live music.
Sidewalk Seating Requirements
- An 8' clear path for pedestrians must be provided
- For clear path purposes, parking meters, traffic signs and tree pits with flush gratings (without tree guards) are exempt. All other above-grade structures are considered obstructions
- All items for outdoor dining (i.e., tables, chairs, heaters) must be up against the wall of the business or as close as possible
- Sidewalk seating area may not exceed business frontage
- Must be at least 3' from the adjacent business to avoid overlap and conflict between adjacent seating setups
- Must not cover, shade, come in contact with, or be placed within 1’ of the trunk or branches of a City tree
- Must not be placed within or over City tree beds without a permit from NYC Parks
- Must not cause rainwater runoff to discharge directly into a tree bed
- Heaters must be placed at least 5’ from trunk or branches of City trees
- Cannot block subway grate, utility hardware or Siamese water connection
- Cannot block bus stop waiting area
- Sidewalk seating elements must be removed when a city agency, utility company or other contractor needs to access the space for installation or repair. Failure to remove may result in removal by the City as well as a penalty
- Platforms may not be installed on sidewalks
The iDivide Sidewalk Cafe Fence System can fully comply with New York City rules and regulations for Outdoor Restaurant Dining Areas. The maximum sidewalk barrier fence height in NYC is 30” or 2’-6” high. A 8 foot clear sidewalk pathway must be maintained in front of the restaurant storefront. 
Perimeter Fencing Guide
- A perimeter treatment is required and must clearly demarcate the sidewalk cafe.
- Must be a removable and self-supporting base wall, railing, planter, fence, or stanchion and rope.
- Maximum height of 2 feet 6 inches, exclusive of any plantings.
- Cannot be permanently affixed to the sidewalk.
- No advertising, however, the name and logo of the establishment is permitted.
- A sidewalk cafe may not be fully enclosed. Existing, permitted, enclosed sidewalk cafes in operation on March 16, 2020 or the four years prior may continue to operate, but must apply for an outdoor dining license and revocable consent from NYC DOT.
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