Restaurants with outdoor dining sheds must either apply for New York City’s official outdoor dining program or remove their outdoor dining sheds in their entirety by Saturday August 3, 2024.

The application to participate in Dining Out NYC can be found here. In addition to the application, the website contains information detailing the design requirements for outdoor dining sheds, applicable fees, and guidance regarding the application process. If an application is approved, an establishment’s outdoor dining setup must be brought into compliance within thirty (30) days or by November 1, 2024, whichever is sooner.

Restaurants who fail to either remove their existing dining sheds or apply for the outdoor dining program by the August 3 deadline will be subject to fines in the amount of $500 for a first offense and $1,000 for subsequent offenses. Given that each day a restaurant fails to comply could be considered a violation, the fines could add up quickly.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.