Actions to Boost Outdoor Dining in New York City

Governor Kathy Hochul today announced that, effective immediately, the New York State Liquor Authority (SLA) will accept Conditional Approvals issued by the New York City Department of Transportation as proof of municipal authorization for the use of public space under the Dining Out New York program. This change streamlines the approval process for restaurants and bars seeking to expand their licensed premises to include outdoor municipal space.

“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,” Governor 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.”

Under the new policy, licensees seeking to add municipal public spaces for the sale or service of alcohol must comply with all applicable 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, including an NYC DOT Conditional Approval. These applications, which require proof of workers’ compensation and general liability insurance for the municipal space, can be submitted at [email protected] and will be processed without a fee.

For licensees who have already received municipal authorization as of April 2, 2025, the 60-day compliance period begins today. If a municipal permit or written authorization — including an NYC DOT Conditional Approval — is revoked, canceled, suspended or denied, the licensee must immediately cease alcohol service in the affected space and follow the removal procedures outlined in SLA Advisory 2024-1. This policy applies to both roadway and sidewalk dining areas under the Dining Out New York program.

New York State Liquor Authority Chair Lily Fan said, “The SLA is committed to delivering licensing decisions efficiently to support small businesses while protecting public safety. We appreciate the hard work and collaboration of our partners at the NYC DOT and the guidance of the Executive Chamber. Our shared goal is to make NYC’s Dining Out program a success, and I thank our staff for their diligence in processing these alteration applications.”

New York City Department of Transportation Commissioner Ydanis Rodriguez said, “New Yorkers came to enjoy outdoor dining during the pandemic, and we are proud that it is now a permanent part of our city’s streetscape. The New York City Department of Transportation took action to cut red tape and grant conditional approvals so that thousands of restaurants can serve customers as spring gets underway. We are pleased that the State Liquor Authority worked closely with us to make outdoor dining a success. We applaud their decision, which benefits restaurants and all New Yorkers who love outdoor dining.”

New York City Chief Public Realm Officer Ya-Ting Liu said, “Cheers New York! Today's decision is a huge win for New York City's vibrant outdoor dining scene, and will enable our restaurants, bars, and small businesses to bring the full experience of their restaurants to their outdoor dining setups. I applaud the State Liquor Authority's decision for recognizing the importance of outdoor dining to our public realm.”

For additional details, businesses can refer to Alcoholic Beverage Control Law § 111-a and SLA Advisory 2024-1 or contact the SLA.