New York City restaurants can now operate roadway cafés year-round under Local Law 135 of 2026, which took effect August 31st, 2026
Previously, roadway dining was limited to April 1 through November 29. Sidewalk cafés were already permitted to operate year-round; roadway cafés were not. With Local Law 135 now in effect, restaurants have the option to keep an approved roadway café running through the colder months, but that option comes with new licensing steps, an earlier closing time, and winterization rules that are still being finalized.
Here’s what food service operators need to know about year-round roadway dining.
Key Takeaways
- Local Law 135 of 2026 allows roadway cafés to operate year-round, ending the prior seasonal (April–November) limit.
- A year-round roadway café license is required — new applicants can apply directly; existing Dining Out NYC participants may upgrade.
- Roadway cafés and unenclosed sidewalk cafés may not operate past 11:00 PM under the new rules.
- NYC DOT is still finalizing winterization, snow removal, and vertical-covering standards — operators should hold off on physical changes until that guidance is published.
- All existing Dining Out NYC design, operation, and maintenance requirements still apply.
What’s Changing Under Local Law 135?
Restaurants that want to operate a roadway café throughout the year will need a year-round roadway café license. New applicants can choose year-round roadway dining from the outset, and NYC guidance states that existing participants may upgrade an existing license or application to year-round status.
Operating hours are changing too. Under Local Law 135, roadway cafés and unenclosed sidewalk cafés may not operate later than 11:00 PM, an hour earlier than the previous midnight cutoff, and a firm limit regardless of a restaurant’s normal closing time.
For food service establishments that currently use outdoor seating later in the evening, that means building the earlier closing time into reservations, staffing schedules, last-seating policy, and closing procedures now, ahead of any transition to year-round service.
Winterization: What’s Confirmed and What’s Still Pending
NYC DOT is developing standards for winterization, snow removal, and year-round operation of roadway cafés. The law allows certain vertical winterization coverings between November 30 and March 31, but their use will be subject to DOT rules that have not yet been finalized.
For now, restaurants should hold off on investing in or making winter-related modifications to their roadway café setups until DOT publishes its winterization requirements. Check DOT’s rules and regulations page for updates once it’s finalized.
Do Existing Dining Out NYC Requirements Still Apply?
Yes. Year-round operation does not eliminate the requirements for operating one safely and legally.
Restaurants must continue to comply with applicable Dining Out NYC requirements governing the design, operation, and maintenance of roadway cafés, in addition to any new year-round provisions.
Action Checklist: What Restaurant Operators Should Do Now
- Decide whether year-round operation makes sense for your restaurant.
- Review your current Dining Out NYC authorization and determine whether an upgrade or other transition is needed.
- Plan for the 11:00 PM operating limit across reservations, staffing, and closing procedures.
- Hold off on winterization changes until DOT publishes the applicable requirements.
- Continue following existing Dining Out NYC requirements for design, operation, and maintenance.
- Ready to apply or access an existing application? Start or manage your application
FAQ’s
What is Local Law 135 of 2026?
Local Law 135 of 2026 is New York City legislation that allows roadway cafés to operate year-round with the appropriate license, removing the prior restriction that limited roadway dining to April 1 through November 29.
Do I need a new license to operate a roadway café year-round?
Yes. Restaurants need a year-round roadway café license. New applicants can apply for year-round status directly, and existing Dining Out NYC participants may upgrade their current license or application.
What time do roadway cafés have to close under the new rules?
Roadway cafés and unenclosed sidewalk cafés may not operate later than 11:00 PM under Local Law 135, an hour earlier than the previous midnight cutoff.
Can restaurants add winter enclosures or heating to a roadway café now?
Not yet. NYC DOT is still finalizing winterization standards, snow removal requirements, and rules for vertical winterization coverings (permitted November 30 through March 31). Restaurants should wait for DOT’s guidance before making physical modifications.
Does this law affect sidewalk cafés too?
Sidewalk cafés were already permitted to operate year-round before Local Law 135. This change specifically extends year-round eligibility to roadway cafés, which previously had to close for the winter.
Do existing Dining Out NYC requirements still apply to year-round roadway cafés?
Yes. Year-round eligibility changes when a roadway café can operate, not the design, operation, and maintenance requirements that already apply under Dining Out NYC.
Learn More
Letter Grade Consulting’s mock inspections help operators confirm they meet all DOH Article 81 requirements.
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