New York City Liquor Licensing Lawyers Korngut Paleudis LLC HomeSLA Update on Outdoor Dining
As spring kicks into gear, many operators are far along in the Dining Out NYC application process with the Department of Transportation (DOT). However, a DOT Dining Out NYC permit alone does not authorize operators to serve or sell alcoholic beverages in these outdoor spaces. To do so, operators must also apply for approval from the New York State Liquor Authority (SLA) to add the space to your current licensed area (Alteration Applications). Previously, operators could not file these Alteration Applications until the DOT permit was actually issued.
Today, the SLA announced that DOT "conditional approvals" of roadway and sidewalk cafes constitute "written municipal authorization", which allow applicants to file Alteration Applications. DOT applications that have already been "conditionally approved" have 60 days from today, April 2, 2025, to comply—until June 1, 2025. DOT applications that have not yet been conditionally approved have 60 days from the date of conditional approval to comply.
Importantly, sidewalk and roadway cafes are separate applications with the DOT. Many applicants have received conditional approval for the roadway but not the sidewalk, which may necessitate filing two separate Alteration Applications with the SLA—one for the roadway and one for the sidewalk—depending on the timing.
We recommend getting started immediately, as the Alteration Application will require notification to the Community Board and the statutory 30-day waiting period. As for the crucial question on everyone's mind—whether you can serve alcohol while the Alteration Application is pending—the SLA did not provide specific guidance on this issue. We can infer from their announcement that licensees legally operating outdoor dining under city law and DOT regulations may serve alcohol, as long as they follow the required procedures above but cannot be 100% certain without clarification from the SLA. Check back here for updates from the City, or reach out for help with complying with these new regulations and application process.
