New Yorkers no longer have to dread a boozeless outdoor dining experience this season. Gov. Kathy Hochul on Thursday announced that the State Liquor Authority (SLA) will now accept conditional approvals issued by the Department of Transportation (DOT) to restaurants participating in the city’s Dining Out NYC program, allowing them to serve alcohol in their outdoor dining areas while their applications are being reviewed. The processing of liquor license applications has been significantly delayed, with only seven out of roughly 3,000 applicants receiving approval as of Saturday.
“Outdoor dining has become an essential part of New York City’s vibrant hospitality industry, and my administration is committed to ensuring businesses have the support they need to thrive,” Hochul said. “By recognizing NYC DOT’s Conditional Approvals, we are making it easier for restaurants and bars to offer al fresco options while ensuring compliance with the law and consideration of local input.”
NYC’s outdoor dining season began on Tuesday, allowing eligible restaurants to offer outdoor seating on streets and sidewalks across the five boroughs from April 1 through November 29.
However, the program has faced significant delays, primarily due to slow approval processes from the DOT. This prompted Comptroller Brad Lander to send an open letter urging the agency to expedite approvals.
The DOT attributed the delays to the city’s new “convoluted” outdoor dining approval process, which requires approvals from the DOT, local community boards, and the city comptroller’s office, according to the New York Post.
In response, DOT changed its policies and began granting conditional approval for outdoor setups further along in the application process, according to Gothamist. Roughly 80 percent of all sidewalk setups are allowed to operate as their applications are approved, according to a press release.
According to the city, conditional approval for roadway cafes was given to 382 restaurants in Brooklyn, 363 in Manhattan, 39 in Queens, 17 in the Bronx, and just two on Staten Island. More conditional approvals are slated to be awarded in the coming weeks.
Andrew Rigie, executive director of the NYC Hospitality Alliance, praised the state’s new policy, which will streamline the process for restaurants applying for liquor licenses.
“The NYC Hospitality Alliance commends the SLA for implementing a reasonable process that ensures outdoor dining remains uninterrupted for restaurants, workers, and New Yorkers and visitors who enjoy alfresco dining during the transition period from the pandemic-era system into the new Dining Out NYC program.”
Under the new policy, licensees who want to add public spaces for selling or serving alcohol must follow all relevant laws, including SLA Advisory 2024-1. Licensees must submit a complete alteration application to the SLA within 60 days of receiving a municipal permit or written authorization, such as NYC DOT Conditional Approval.
Applications must include proof of workers’ compensation and general liability insurance for the municipal space and can be submitted to [email protected] and will be processed free of charge.
For licensees that have already received authorization as of Wednesday, April 2, a 60-day compliance period starts on Thursday, April 3. If a permit or authorization is revoked, canceled, suspended, or denied, the licensee must immediately stop alcohol sales in their outdoor space and follow the removal procedure included in SLA Advisory 2024-1.
This policy applies to both roadway and sidewalk dining areas included in the city’s outdoor dining program.
“We are pleased that the State Liquor Authority worked closely with us to also allow businesses that have received conditional approval to serve alcohol while their applications remain under review,” DOT Commissioner Ydanis Rodriguez said in a statement. “We applaud their decision, which benefits restaurants and all New Yorkers who love outdoor dining.”
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