Sidewalk cafe permit denied

Owner of West 23rd Street restaurant sought to extend seating outside. In May 2018, Maxver LLC applied to the City Department of Consumer Affairs for consent to open an unenclosed sidewalk café outside of Calle Dao Chelsea, the Cuban-Chinese fusion restaurant that Maxver operates on Manhattan’s West 23rd Street. The application called for four tables, each seating two people. Consumer Affairs forwarded the application to Community Board No. 4, which, after a public hearing, unanimously … <Read More>


DOT Releases Final Rules for Permanent Outdoor Dining Program

Almost two years after the City Planning Commission’s zoning text changes, applications for the permanent program are expected to open next month. On February 2, 2024, the Department of Transportation released the final rules for the permanent outdoor dining program, “Dining Out NYC.”  Through the new program, outdoor dining will be expanded citywide on sidewalks year-round and in roadways seasonally from April through November. 


City Council Holds First Hearing on Permanent Open Restaurants Plan

Many elected officials raised concerns about DOT’s ability to handle the scale and capacity of a citywide permanent open restaurants program. On February 8, 2022, the City Council Subcommittee on Zoning and Franchises held a joint hearing with the Committee on Consumer and Worker Protection on the proposed permanent open restaurant program. The proposed permanent open restaurant program will replace the temporary program and establish a new streamlined program for the creation, management and enforcement <Read More>


CityLaw Profile: Caroline Harris – A Woman’s Journey to Land Use

Caroline Harris’s career as a land use attorney stems from an early interest in urban affairs and planning.  Harris was born in New York City and grew up in Peter Cooper Village. As a student at the then all-female Hunter College High School, she started the first student volunteer program for Head Start, earning Mayor Lindsay’s award for “Distinguished Volunteer Supervision.”  Harris spent five months in Israel before entering Trinity College, where she majored in … <Read More>


Sidewalk Cafes: What it Takes to Dine on the Streets of New York

Operating a sidewalk café requires a public review process and approval from the city. Summer is here and many restaurants open sidewalk cafés to give people a breath of fresh air while enjoying a meal. To operate a sidewalk café, the business must have a food service establishment permit and each year the business must pay consent fees, which are essentially a “lease” for use of the sidewalk space.


Sidewalk Cafe Legislation Calls for Earlier Hours, Efficient Application Process [UPDATE: Brunch Bill Approved]

Community boards fight City Council on shortened sidewalk cafe review period. On May 7, 2013, the City Council’s Committee on Consumer Affairs held a joint hearing with the Land Use Zoning & Franchises Subcommittee to discuss proposed amendments to sidewalk cafe regulations. Introductions 875-2012, 876-A-2012, and 1039-2013 seek to expand sidewalk cafe hours and streamline the sidewalk cafe licensing and registration process.

Sidewalk cafes are licensed and monitored by the City’s Department of Consumer Affairs<Read More>