The deadline is approaching for restaurants to apply for a new permanent outdoor dining program.

The city said it is designed to make the outdoor dining season easier for restaurants, but some restaurant workers say it is going to hurt their bottom line.


What You Need To Know

  • The city Department of Transportation issued what is called an "urgent notice" on Monday for restaurants to apply for "Dining Out NYC"

  • "Dining Out NYC" is the city's permanent outdoor dining program

  • The application deadline for the program is Aug. 3

  • Restaurants will need to comply by using the prefabricated models approved by the city

Tom Avellone, the director of operations at Nick’s Bistro in Forest Hills, described the pride he has for his restaurant’s outdoor dining structure.

“We worked real hard to put this up to maintain the integrity of our restaurant,” he said.

It was put up in 2020 when the city’s pandemic-era outdoor dining program began.

On Monday, the city Department of Transportation released what it called an “urgent notice” alerting restaurants they must apply to “Dining Out NYC,” which is the city’s permanent outdoor dining program, by Aug. 3.

Restaurants either have to apply for the program or take their existing outdoor roadway dining structures down.

At Nick’s Bistro, Avellone said the structure coming down would force him to cut his staff in half.

“We’re going to lose 50% of my employees will lose their job because I would not be able to keep them on the payroll if I go from a 100-seat restaurant. Thank you, New York City, for helping us to a 40-seat restaurant,” Avallone said.

Earlier this year, the city opened the application process for the outdoor dining prefabricated sheds, some with a soft awning, a hard one, ones to accommodate an incline or in a parking lane.

But Avellone said he does not like them.

“When I opened the first page, I felt nauseous. They’re not made with the integrity I would want,” Avallone said.

The city said these structures have features that will be easier to take up or put down for the new outdoor dining roadway season that will last from April to November.

Avellone is taking signatures from patrons who want his structure to stay up.

“I have 1,000 signatures to date,” he said.

The mayor posted a message to X, formerly known as Twitter, Monday saying if restaurants don’t apply by Aug. 3, the city will have to take your current set up down.

The Department of Transportation Commissioner Ydanis Rodríguez encourages restaurants to apply.

“Mayor Adams says [to] help the business community, and that is what we are doing,” he said.

According to officials, noncompliance with the Aug. 3 deadline can result in penalties — $500 for the first offense to $1,000 for the second offense.

The DOT said that restaurants applying to the “Dining Out NYC” program must make their structures comply with the new rules within 30 days of their application being approved or by Nov. 1.

To learn more, head to https://www.diningoutnyc.info/.