NYC Eyes Faster, Simpler
Outdoor Dining Approval Process

NYC Commission Proposes Streamlined Outdoor Dining Process to Reduce Costs and Help Restaurants Open Faster

New York City's Commission on Government Efficiency (COGE) is recommending significant changes to simplify the outdoor dining approval process, saying the current system is too costly, too complicated, and discourages many restaurants from participating.

The proposal is part of the Commission's preliminary report examining ways to modernize City government and reduce unnecessary bureaucracy. While the recommendations are still under review and would ultimately require approval through the Charter revision process and, if proposed, by New York City voters, the Commission says reforming the outdoor dining process could save restaurants both time and money while making better use of public space. 

A System the Commission Says Has Become Too Complex

According to the report, outdoor dining currently falls under New York City's "revocable consent" process, which allows businesses to use public sidewalks and streets for structures such as sidewalk cafés, roadway cafés, planters, accessibility ramps and other improvements.

The Commission found that obtaining these approvals often requires multiple layers of review, public hearings, newspaper publication notices, approvals from several government entities, and additional administrative steps that increase both costs and delays. 

Among the issues highlighted in the report:

• Publication notices required by the Charter can cost applicants as much as $1,500.
• One restaurant owner testified that the overall outdoor dining approval process can cost approximately $70,000, putting outdoor dining out of reach for many small businesses.
• Applicants often spend hours preparing applications while navigating multiple government agencies.
• Required public hearings frequently have little or no attendance despite the expense of publishing legal notices.
• In some cases, publication costs exceed the annual fee businesses pay for the actual use of City property. 

Two Outdoor Dining Applications Instead of One

The report also points to another inefficiency unique to restaurants.

Businesses seeking both a sidewalk café and a roadway café must currently complete two separate approval processes, even though both involve outdoor dining at the same establishment.

The Commission says the dual system creates unnecessary confusion, duplicate paperwork and additional expenses because the two applications often require separate public hearings and separate publication notices, meaning restaurants can end up paying legal notice fees twice. 

Lessons Learned From the Pandemic

The report notes that during the COVID-19 pandemic, New York City temporarily suspended many of its traditional approval requirements through the Open Restaurants program.

Instead of lengthy approvals, restaurants were able to establish outdoor dining through a simplified self-certification and registration process.

The results were dramatic.

By 2022, approximately 11,770 restaurants were operating sidewalk or roadway cafés under the temporary program. 

Following the expiration of the emergency program, the City enacted Local Law 121 of 2023 and launched the Dining Out NYC program, permanently authorizing outdoor dining while creating a new regulatory framework.

However, despite those reforms, the Commission concluded that significant inefficiencies remain.

As of June 15, 2026, only 1,405 outdoor dining licenses had been fully issued under the new system—a substantial decline from participation during the Open Restaurants program. 

What the Commission Wants to Change

Rather than focusing only on outdoor dining, the Commission recommends examining the broader revocable consent process used throughout City government.

The report says testimony consistently urged the Commission to streamline the process generally and outdoor dining specifically because the current system places disproportionate burdens on small businesses.

The Commission notes that outdoor dining provides a clear example of how outdated administrative requirements can discourage innovation and productive use of public space. 

Public Space Should Be Easier to Use

The Commission frames the issue as part of a larger effort to unlock New York City's streets and sidewalks for community use.

The report states that unnecessarily complex procedures prevent restaurants, businesses and neighborhoods from fully utilizing public space, while delaying improvements that could make commercial corridors more vibrant and inviting.

According to the report, public spaces should foster creativity, entrepreneurship and neighborhood activity rather than becoming entangled in bureaucratic delays. 

Why This Matters to NYC Restaurants

For restaurant owners, a more efficient approval process could mean:

• Lower application and legal notice costs.
• Less paperwork and fewer duplicate approvals.
• Faster opening of outdoor dining areas.
• Reduced reliance on consultants or expediters.
• Greater access for smaller independent restaurants that currently find the process too expensive or time-consuming.

The Commission heard testimony suggesting that today's complexity prevents some businesses from applying altogether because of the financial burden involved. 

Why This Matters to New Yorkers

Outdoor dining has become a defining part of New York City's streetscape.

The Commission argues that simplifying the approval process could help activate sidewalks and roadways, support neighborhood restaurants, encourage local economic activity and make public spaces more vibrant.

The report also emphasizes that unlocking public space is about more than restaurants. It says reducing unnecessary bureaucracy can help ensure city streets, sidewalks and public areas are used in ways that better serve residents while supporting small businesses and neighborhood vitality. 

What Officials Are Saying

"We listened to New Yorkers across the city and worked to treat every idea—and the New Yorker behind it, whether City worker or professional association or individual who saw a sign for a public hearing and walked in—with genuine curiosity and respect," said Ann Cheng, Executive Director of the Commission on Government Efficiency. "This preliminary report compiles that feedback and suggests concrete paths as the Commission continues to hear from New Yorkers and considers commonsense reforms to the Charter."

Commission Chair Patrick Gaspard added, "Our next steps will be deeply informed by their passionate testimonies, each of them experts either on their block or their industry, on how city government can work faster and more efficiently. As this Commission considers reforms to put forth on the ballot in November, it will be guided by the shared goal of unlocking this City's potential to deliver a more affordable, safe, and dignified life for all who call it home."