nyc outdoor dining rules

It is the owners' responsibility to take precautions of additional wind speed on rooftops. Maintaining records of specific employee or customer health data, including temperature check data, is prohibited. At minimum, regularly remove snow from overhead coverings until the snow alert ends. Generally, only customers inside your establishment should be included in the overall capacity limit for indoor dining. The restaurant can use that space to prepare drinks and serve tables. FAQs: What You Need to Know About NYC’s Localized Restrictions, Open Restaurants Accessibility Requirements, Virtual Compliance Consultations: Open Restaurants Program, NYS Guidance for Businesses Selling or Serving Alcohol, NYS Liquor Authority (SLA) Guidance & FAQs. If fewer than the two sides are completely open, the occupancy limit will be capped at 25% capacity (to match indoor dining limit) and all indoor dining guidelines here must be followed. Logs confirming that a temperature check took place and the result of such check (e.g. Table to table or between guests/seats? While every effort has been made to ensure that the information provided is accurate and up-to-date, errors are still possible. awning, roof, or tent) must have at least two open sides for airflow to be considered "outdoor space". Electrical heaters in roadway areas must be removed. Enclosed structures, such as plastic domes, will be allowed for individual parties and must have adequate ventilation to allow for air circulation. Following all existing rules, regulations, and laws. All staff and customers are required to complete a temperature check before or immediately upon arriving at the establishment. The city is loosening its strict heating rules to facilitate outdoor dining in the winter. The city’s Open Restaurants program outlines the rules for outdoor dining in Phase 2. Are forced air systems powered by diesel or regular gas allowable for heating?If the unit remains on the sidewalk, it can be enclosed for safety and runs quietly. Remove or consolidate your roadway setups to have as small a footprint as possible along the curb. You can place temporary outdoor seating in front of your food establishment on the sidewalk or roadway by applying for the Open Restaurants Program. Electric heaters may be used under tents, umbrellas, or other shelters as long as units have been installed by a Certified Master Electrician and are operated following the manufacturer's instructions. In September, Mayor de Blasio announced the City's popular Open Restaurants program will be extended year-round and made permanent. If at least two sides are completely open (one long side and one short side), you may operate as long as existing outdoor dining guidelines are followed, (e.g., 6’ between tables, no more than 10 people seated at one table). Indoor Dining Can Increase To 35% Capacity Next Week In New York CityGov. pass/fail, cleared/not cleared) may be kept on site but are not required. A T-93 COF holder is responsible for ensuring proper and constant supervision of the heater and must be on the premises at all times while a propane container is connected to a heater. All propane containers must be disconnected from heaters at the close of business. If the use is proposed on private property with portable fueled equipment, such use is prohibited by Fire Code Section FC313.3. Now that outdoor dining has been allowed for phase 2 of reopening, which NYC is currently set to reach this Monday, June 22, what can you expect?. See guidance here. Are these acceptable under tents or umbrellas? In addition to financial penalties, propane heaters and propane containers may be confiscated by the Fire Department, and Fire Department permits for the use of propane and propane heaters may be revoked. Click a topic, or press the enter key on a topic, to reveal its answer. If you’re unable to remove or consolidate your roadway setup, you are encouraged to take steps to protect your assets from damage due to snow removal operations. If the use is proposed on private property with portable fueled equipment, such use is prohibited by Fire Code Section FC313.3. All NYC DOHMH permits that expired after March 13, 2020, remain valid because of the COVID-19 public health emergency. If three (3) side walls or more are in use, it will be considered indoor dining and may not currently be in use. You must complete an application and certify even if you already have a NYC sidewalk cafe license. See DOB Bulletin 2020-20. Applications may be made to the Fire Department for a modification (variance) to allow such use. Effective Friday at 10 p.m., bars, restaurants and gyms or fitness centers, as well as any State Liquor Authority-licensed establishment, will be required to close from 10 p.m. to 5 a.m. daily. Storage is also prohibited on rooftops, sidewalks, and public streets. Restaurants and other food service establishments are allowed to reopen for indoor dining starting on February 12. Outdoor electric heater guidance can be found here. Customer sign-in records and contact tracing information must be maintained for at least 28 days. On June 3, 2020, Governor Cuomo announced outdoor dining at restaurants would be permitted in phase two of reopening, in accordance with state-issued guidance. Owners must remove these structures on rooftops when high wind conditions are observed or receiving weather advisory alerts. As outlined in the Mayor's Emergency Executive Order 153, the FDNY authorizes the limited use of propane for comfort heating of restaurant patrons during the COVID-19 state of emergency. Fully enclosed outdoor temporary structures must follow the same NYS indoor dining ventilation protocols listed here for establishments that do not have central air handling systems or without the ability to control them. However, the new rules also hint at what will happen to outdoor dining when it snows in the city. Restaurants and bars are required to close indoor and outdoor dining from 10 PM to 5 AM daily. Have recently applied to Open Restaurants and are getting to ready to provide food service, Are actively participating in Open Restaurants but continue to have questions/concerns, Are interested in applying to Open Restaurants but have not yet done so, Make sure that seating in your indoor dining space does not exceed 25% maximum capacity, Check the temperature of every customer at the front door, Collect contact information from at least one customer in each party, Offer COVID-19 protections like PPE for employees, make sure that employees are wearing face coverings at all times, and remind customers to wear face coverings when not eating or drinking, Place tables so that there is at least six feet between each dining party, In compliance with open-container, social-distancing, and face-covering rules; and. Learn about Open Restaurants program rules and restrictions. New York City on Wednesday announced the rules for restaurants to heat the outdoor dining spaces that they were allowed to set up in June in response to dining rooms being ordered closed to help prevent the spread of the novel coronavirus. As the program's duration will continue through the winter months, and winter weather creates the potential for inclement weather to affect road conditions, the City is working with the restaurant industry and other stakeholders to develop additional safety features to strengthen roadway barriers further. You may also refer to the NYC Department of Cultural Affairs and Mayor’s Office of Media and Entertainment’s FAQ for Group Music Activities (October 2020) for more guidance on events and performances. On June 11, Governor Cuomo announced that the third phase of reopening would begin on June 12 in several regions of New York. Can a group of restaurants create a group storage site? Before they can open their outdoor dining areas, food establishments must self-certify that they meet program guidelines. Natural gas radiant heaters will be allowed on the sidewalk only. Hours of Operation. Get answers to frequently asked questions about Open Restaurants. The new barrier rules are the third since outdoor dining started in June. Read all of the New York State guidelines for the appropriate phase: Develop a Safety Plan and keep a copy of it on site: To help your business reopen safely, the City has compiled. Can propane tanks be used in interior courtyards?Propane heaters are allowed only in open, uncovered areas on sidewalks (for businesses participating in the Open Restaurants program) or eligible outdoor dining areas situated on privately owned property, such as a rear courtyard. Can you recommend vendors that offer daily drop off and pick up of propane containers?No, city agencies cannot endorse vendors. The Open Restaurants program allows restaurants and bars to place seating on the sidewalk or parking lane in front of their establishments. This means that if your courtyard is accessible only through a building, you cannot use propane heaters that use a container larger than one-pound. This temporary process is designed to protect the health of NYC DOHMH inspectors and business employees. *IMPORTANT NOTE: Current temporary State dining restrictions (below) override much of the indoor dining guidance included in this FAQ. What are the penalties for illegally storing or transporting propane?The Fire Code strictly regulates the storage, handling, and use of propane because of the significant hazard to life and property. See guidance here. Outdoor dining, takeout and delivery are still allowed. The Department of Sanitation (DSNY) has conducted training exercises that included simulated snow removal operations on narrow streets with roadway setups on both sides. The City has tried to provide you with correct information on this website. Topics Include: Thank you to our partner City agencies, who are working hard to ensure that the information and support provided by the City meet the needs of its business owners and operators. How is occupancy calculated for enclosed outdoor structures that must operate according to indoor dining guidelines?Occupancy guidelines for fully enclosed outdoor structures (less than 50% of sides open) are the same for indoor dining establishments without a Certificate of Occupancy. Use your snow sticks to increase visibility of your setup components if they are moved, Opening & Operating a Nightlife Establishment, Downloads: Guidelines, Posters, Campaigns, Please see NYS indoor dining guidance here, Please see NYS closing times guidance here, Certificate of Occupancy or Place of Assembly, Comfort Heating of Restaurant Patrons in Outdoor Dining Areas, Natural gas-fired radiant heater; Outdoor heater, natural gas. Official guidance from the state of New York. Can I use my indoor dining counter (such as a sushi counter) for dining service? City restaurants and bars were allowed to reopen for outdoor dining in Phase 2. Portable heaters fueled by propane will be allowed on the sidewalk only. DSNY will conduct targeted outreach to restaurants to ensure setups meet DOT siting criteria and that roads can be efficiently plowed and remain passable. Yes, restaurants may allow guests to dine at dining counters (like a sushi counter) as long as they are seated, the counter is not used to prepare drinks, and there are barriers between any staff behind the counter and those who are dining. Each party sitting at a counter used primarily for serving food must be separated from any other party by at least 6 feet. YES. Restaurants must also follow the requirements of the NYC Health Code, including rules related to dining with dogs in outdoor seating areas. You can sign up to receive snow alerts and all snow-related updates through Notify NYC. How do venues without Certificates of Occupancy calculate their occupancy limit for indoor dining?Refer to guidelines provided in DOB Bulletin 2020-020 to determine the number of diners allowed in indoor dining spaces where a Certificate of Occupancy or posted capacity is unavailable. The side walls may be closed in full enclosures, but occupancy limitations will be capped at 25% of capacity, and indoor dining guidelines must be followed; electrical heaters will also be allowed. Yes. "Three Strikes and You're Closed" initiative, Avoid Common Violations of COVID-19 Restaurant Requirements, FDNY Restaurant Rules and Regulations Help, Frequently Asked Questions: COVID-19 Recovery Charge at Restaurants, Reopening New York City: Frequently Asked Questions – What Outdoor and Take-Out and Delivery Food Services Need To Know, Checklist for Restaurants Offering Take-Out, Delivery and Outdoor Dining, Supplemental FAQ: Multi-Agency Indoor and Outdoor Dining Guidelines, What Food Service Establishments Need to Know About Indoor Dining, Checklist for Food Service Establishments Offering Indoor Food Service, Indoor Dining at Food Service Establishments: Air Filtration and Ventilation System Form. Can tent enclosures be set up on rooftops?YES. Alternately, if we are removing propane from the site every night, is that allowable? They can be found in Section B of the DOB Bulletin here. When the governor lifts the state of emergency, you will have 45 days to renew. Restaurants considering whether to apply should carefully examine the storage requirements in the FDNY Guidance, Fire Code Section FC3809, and Fire Department Rule 3 RCNY 3809-01. Where can we find guidance on the use of electric heaters? You do not need to apply if you are looking to place outdoor seating on private property. document.write(new Date().getFullYear()); All Rights Reserved, NYC is a trademark and service mark of the City of New York, Red, Orange, and Yellow Zone Restrictions by Facility Type, Summary of Guidelines for Outdoor and Take-Out/Delivery Food Services, Summary of Guidelines for Indoor Food Services, Read and Affirm Detailed Guidelines for Outdoor and Take-Out/Delivery Food Services, Read and Affirm Detailed Guidelines for Indoor Food Service, Learn More and Apply for the Open Restaurant Program, Full Guidance from the State Liquor Authority. Which employees need certificates of fitness for propane tanks? Am I allowed to install a temporary or fixed cover (awning, roof or tent) on my outdoor dining enclosure?YES. Applications may be made to the Fire Department for a modification (variance) to allow such use. Generally, the approval process is at least 40 days. Full propane-fueled portable heating guidance from FDNY here, NYC announced that the popular Open Restaurants program will be made permanent, Open Restaurants Siting Criteria - Winter 2021, Plastic Water-Filled Barriers How-Tos Flyer, This information lays out the requirements for maintaining physical accessibility for outdoor dining, Sign Up for a Virtual Compliance Consultation. Are performances such as music or comedy allowed either inside or outside if there is no amplification and social distancing is enforced?Only music incidental to the dining experience is permissible at this time. What are the next steps toward expanding indoor dining in NYC to 50%?The governor's office determines any continued expansion of maximum allowed indoor dining occupancy in NYC. Similarly, an empty one-pound container is treated as if full. Should customers standing in line to order food (take-out included) be included in the 25% capacity limit for indoor dining? Customers must be prohibited from walking up to or standing at the bar to order, pay, or be served. Sign up for Weather Advisory here. Employee temperatures must be taken but do not have to be taken at the worksite by the employer (with some exceptions). NYS outdoor dining guidelines permit installing a temporary or fixed cover (awning, roof or tent) on an outdoor enclosure so long as it has at least two open sides for airflow and one of the open sides is parallel to the roadway. Are these acceptable under tents or umbrellas?Outdoor natural gas heater guidance can be found here. Propane heating will be regulated by the Fire Department (FDNY), with requirements for safe handling, use and storage. City of New York. You are allowed to store up to 45 one-pound containers indoors only under the conditions described above, whether the containers are full or empty. All propane containers must be removed from the premises (except 45 or fewer one-pound containers) unless the restaurant has obtained approval for its LPG storage facility. Are there specific guidelines and/or recommendations for outdoor dining structures during the winter season? To ensure timely implementation, the City will require restaurant owners to comply with new safety features by November 15, 2020. Are restaurants obligated to keep a log of the daily temperature of each employee and each guest? What can businesses do if their H-25 Food Service Establishment Permits have expired? A restaurant owner must ensure that at least one employee or owner of the restaurant obtains the T-93 Certificate of Fitness ("COF") within three weeks of submitting the attestation (the FDNY permit application). Businesses must comply with all NYC Dept. Is everyone who enters a premise where indoor dining is taking place subject to temperature check and contact tracing rules? Additionally, restaurants that participate in the Open Restaurants program will be subject to the revocation of their certification. Are food ordering or payment transactions allowed at an indoor bar counter, as long as patrons and staff wear masks and the bar counter is not used to serve food or beverages to customers to consume on-premise? Does storage need to be on-site? — New York Post (@nypost) December 8, 2020. Do not keep records of employee or customer health data (e.g., the specific temperature data of an individual), but records to confirm individuals were screened and the result of such screening (e.g., pass/fail, cleared/not cleared) may be maintained. Restaurants status: Restrictions vary by county, with some allowing restricted dine-in, others outdoor only, and others takeout-only. Please see NYS indoor dining guidance here. Restaurants will be permitted to use enclosures to keep diners warm. For private events: no single outdoor event to which all guests have been invited (e.g., a wedding, an office party) may exceed 50 guests. See guidance here. Enclosed structures, such as plastic domes, must have adequate ventilation to allow for air circulation. The Fire Department does not have the authority to modify this prohibition. Except as prohibited above, also allowed at food service establishments with outdoor dining areas in privately-owned outdoor spaces located at grade (such as front yards, side yards, rear yards or courtyards, and parking lots). Outdoor spaces may include public sidewalks, curb lanes or other approved areas, and outdoor private areas on premises. In partial enclosures, at least two of the structure’s side walls must remain open and electrical heaters are allowed. Do employees need certificates of fitness to use one-pound propane containers? Operators are not required to do temperature checks or collect contact information from vendors entering the premises however they should collect contact info "to the extent possible". Propane containers larger than 16.4 oz (one-pound) must never be transported through a building for any reason. Read the Counsel to the Mayor's NYC Indoor Dining FAQ. It is anticipated that few restaurants would have the ability to acquire approval for an outdoor storage facility on their premises. Hardwiring is permissible, and Table 1 of Buildings Bulletin 2020-18 provides applicable code sections that must be adhered to when the permanent wiring method is elected. What outdoor dining safety restrictions and procedures must be implemented during active snow alerts? Failure to comply with the Mayor's Emergency Executive Order 153 and the Fire Code will result in enforcement action by the Fire Department. The T-93 Certificate of Fitness is required for anyone who will store, handle, or use any quantity of propane and propane-fueled heaters at eligible restaurants. Can a restaurant use a gas generator to power an electric heater on the street?This proposed use is prohibited on the street, and the Fire Department will not grant a modification to allow it in the context of outdoor dining areas located on streets or sidewalks. Restaurants must follow New York State (NYS) requirements and affirm compliance. Does temperature check data need to be maintained? Which restaurants will also be required by December 15 to add a plastic water-filled barrier in front of their roadway barrier facing oncoming traffic?The City has already identified “high priority” restaurants for whom a water-filled barrier will be required based on the street’s crash rates and traffic volumes, as well as if it’s a truck route. Skip to Article. How long is the approval process for the storage of 20-pound propane containers? Am I allowed to utilize plastic domes, or “bubbles”, for outdoor dining?Enclosed structures, such as plastic domes, will be allowed for individual parties and must have adequate ventilation to allow for air circulation. In addition to suspending outdoor dining to help with their snow clearing efforts, the Sanitation Department canceled alternate side parking for … Employer Contact Log: Employee-Vendor Template, NYC Open Restaurants Brochure (download and print), Read the Counsel to the Mayor's NYC Outdoor Dining FAQ, What to Expect When You're Inspected: NYC Indoor and Outdoor Dining Checklist, Directory of Equipment Rentals for Safe Outdoor Dining, NYC DOT: Open Restaurant Seating Walk-Through Video, Design Corps: Small Business Reopening Network, General Cleaning/Disinfection Guidance for Non-Health Care Settings. If possible, remove overhead coverings or regularly remove snow until snow alert ends to avoid buildup. 2021 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Mayor's Office of Media and Entertainment. Empty propane containers are treated the same as full containers. Effective Friday, November 13th, bars, restaurants and any State Liquor Authority licensed establishment is required to close from 10 p.m. to 5 a.m. daily. There are many obstacles to the storage of 20-pound propane containers in NYC. ... “New York has faced extraordinary times in 2020, and Open Restaurants … For more information you can also visit the NYC Business Restaurant Reopening Guide: nyc.gov/restaurantreopening or call the Business Reopening Hotline: 888-SBS-4NYC (888-727-4692). Restaurants are allowed to provide curbside, food-only pick-up or delivery after 10 p.m., but are not permitted to serve alcohol to-go. For tent structures on an adjacent private property, does the DOB 400 square foot threshold still apply?YES, the same square footage threshold applies. An empty 20-pound container is subject to the same restrictions as a full 20-pound container, and it cannot ever be stored indoors unless located in an approved LPG storage facility. All 18" roadway barriers must be completely filled with soil or sand, Barriers must have a fully built interior wall and bottom to hold filler material, Continuous reflector tape must be added along the top outside edges, and snow sticks must be added to the corners of the two barriers facing traffic. Can we store propane tanks inside?Any propane container not connected to a heater is deemed to be in storage, and whether it can be stored indoors depends upon the size and quantity of the propane container(s). Continuous reflector tape must be affixed along the top outside edges, and snow sticks must be added to the corners facing traffic. Select a topic below for information to help you and your business, including tips to stay safe and prevent the spread of germs. The application to request a modification is here. It is recommended that more than one employee or owner hold a COF to ensure someone is always on the premises when heaters are in use and when containers are being connected/disconnected. See SLA guidance here. The New York City Council approved legislation Thursday that would extend outdoor dining and allow for heaters. Operators must also determine the maximum allowable occupancy of their outdoor enclosures depending on the percentage of side walls that remain open and must ensure adequate ventilation. Establishments seeking permission to place outdoor seating in front of their establishment on the sidewalk and/or roadway should apply for the NYC Department of Transportation (DOT)'s Open Restaurants Program. No propane containers of any size are allowed to be used or stored below grade, such as in a cellar or basement. For outdoor enclosures with roof structures, the city will be releasing tips and guidance on how to make them secure, as well as quick action to remove snow from roofs, awnings, and tents. Natural gas heaters may be used only in fully open (sidewalks or outdoor privately-owned property) and never under shade structures such as tents or umbrellas. Restaurants and bars must close outdoor dining from 10 PM to 5 AM daily. The new regulations, which were posted to the DOT’s website on November 13, require restaurants to retrofit their curbside outdoor dining setups with … Storage of 20-pound propane containers is prohibited unless you have been issued an FDNY permit for an approved facility for LPG storage, which is typically issued only for outdoor locations. Only if outdoor storage is not available, up to 45 one-pound propane containers may be kept indoors. All customers inside your establishment must be included as part of your 25% capacity limit regardless of activity. YES. Indoor bars where liquor is normally prepared and served may be used only as a location for employees to prepare beverages for service to patrons at their table. Barriers must be completely filled with soil or sand/sandbags to better withstand the stresses that winter will bring (slippery roads, snow removal and snow piles). Are there specific ventilation guidelines for a fully enclosed outdoor temporary structure?YES. Roni Mazumdar, owner of modern-Indian eateries Rahi downtown and Adda … Where can I find further information about what kind of incidental music is allowable? What is the occupancy limit for outdoor dining?General outdoor dining under the Open Restaurants program should follow all existing programmatic and physical distancing guidelines. A COF holder is also responsible for the on-site supervision of connecting/disconnecting the propane containers from the heaters. Outdoor Consumption in Phase 2: Any consumption of food and/or beverage must happen in outdoor, open-air areas, without a fixed roof (besides a temporary or seasonal awning or cover). “Outdoor space” is an open-air space without a fixed roof. Takeout and delivery are still allowed after 10 PM, except for alcoholic beverages. Full electric radiant heaters guidance from DOB here. Set weather. No. COVID-19 Employer Health Screen Review Documentation Template: COVID-19: Prevent the Spread Poster for Restaurants, COVID-19: Information for Indoor Dining Customers Poster, COVID-19: Storing and Discarding Personal Protective Equipment Poster, Socialize Responsibly Social Media Graphic, NYC Department of Small Business Services. Enclosures with a temporary or fixed cover (i.e. Find your Zone here. of Buildings program guidelines for Open Restaurants here on permitting, placement, and use of temporary outdoor structures. Currently, NYC restaurants can open for table service in outdoor areas only. the Open Restaurants program; prohibited on roadways. The purchase of alcoholic beverages must be accompanied by the purchase of food. Currently, NYC restaurants can open for table service in outdoor areas. Andrew Cuomo said he wants to raise it to 35% to align with the rules for New Jersey restaurants. Full natural gas radiant heaters guidance from DOB here. How is the NYC DOHMH alerting businesses regarding regular health inspections? Alongside the announcement, the state released an extensive set of outdoor dining guidelines for restaurants and bars to follow. The city and state have imposed new rules for winter outdoor dining: A space will be considered indoor dining if more than 50 percent of its wall … The announcement furthers New York City's efforts, laid out in the Mayor's recovery agenda, to become the world's capital for healthy outdoor living. Learn more here. To sign up for Notify NYC, call 311, visit www.nyc.gov, or follow @NotifyNYC on Twitter. See FDNY guidance here. A temperature check is required for every employee and customer entering the premises where indoor dining is taking place. Participants in the Open Restaurants program interested in providing comfort heating for their customers in outdoor dining areas have three options: Food service establishments with private outdoor dining spaces may use heating devices subject to the applicable guidance from FDNY and/or DOB. If those customers at the private patio must come through the establishment to exit, the number of allowable indoor diners may need to be reduced. Is it still mandatory for customers to purchase food in order to purchase an alcoholic beverage? Restaurants and bars were initially set to open in phase 3, but after hearing from business owners and local officials, Governor Cuomo moved the outdoor portion to phase 2.

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