Community Boards and Outdoor Dining

Many bars and restaurants that have applied to the Department of Transportation (DOT) under the new Dining Out NYC outdoor dining program are now reaching the phase of the application process where the local Community Board has the opportunity to offer a comment to DOT on the application.

One of the goals of the Dining Out NYC program was to have a simple and streamlined application process, but too many small businesses are finding the process confusing. The Community Board's opportunity to comment to DOT is also supposed to be straightforward. But we are hearing that some Community Boards are complicating the process by asking applicants to complete tasks such as filling out the Community Board's own application forms, contacting neighbors, posting notices, and attending meetings with the Community Board.

It is important to remember that even if the Community Board presents these tasks as mandatory, you are not required to complete them under the law. Under the new outdoor dining program, DOT informs the Community Board of your application and directly provides all legally necessary information to the Community Board to assist them in offering a comment to DOT, including a copy of your diagrams. This is also how it was under the pre-pandemic program. 

With that said, there are several reasons why completing the Community Board's optional tasks might make sense for you: 

1) It could help maintain a positive relationship with the Community Board.

2) The Community Board cannot stop DOT from approving your application, but they could add roughly 30 days to DOT's processing time by opposing your application.

3) Most businesses will have to return to the Community Board as part of their SLA application to add alcoholic beverage consumption to the outdoor dining area, so it could make sense to try to get the Community Board's support now. 

You will have to weigh these factors against the optional tasks that the Community Board in your area is asking you to complete and strike the balance that is right for your business. If you do choose to engage with the Community Board, remember that you are not required to reduce the number of tables and chairs that you are legally permitted to have, agree to other type of operational limitations, or withdraw your application to give the Community Board more time to consider.