10/27/2026 | Press release | Distributed by Public on 10/27/2026 09:01
Wait times far exceeded DOT's estimated eight-month timeline for approvals; inadequate data tracking hinders agency management of program
New York, NY - A Comptroller's Office investigation of the City's Dining Out NYC program found that more than half of restaurants that have received outdoor dining permits since the program's launch in March 2024 waited over 19 months for approval. This far exceeds the New York City Department of Transportation (DOT) eight-month timeline for approvals. Of the nearly 5,000 applications submitted from 2024 through mid-June 2026, just 28.6% had been approved, and only 1 of 388 submitted in 2026 had been approved as of June 15, when the investigation was conducted.
The investigation also found that, while DOT has significantly increased application approvals since June, the agency lacks an adequate system-of-record for tracking applications through the stages of the process, limiting its ability to identify bottlenecks, measure delays, and ensure timely approvals.
"Outdoor dining has become a staple of New York City's streetscape and a lifeline for small businesses," said City Comptroller Mark Levine. "Unfortunately, the permitting process is a maze of approvals that takes far too long, depriving restaurants, bars, and cafes of expanded capacity and sorely needed revenue. Restaurant owners deserve a faster, simpler, and more predictable permitting process, so they can focus on serving New Yorkers and contributing to the vitality of our neighborhoods."
"No small business in our city should be held back waiting for a permit for a year and a half," said City Council Majority Leader Shaun Abreu. "Outdoor dining provides critical revenue for restaurants trying to keep their doors open, and our program has become a central part of how we enjoy our neighborhoods. Comptroller Levine has shed light on a critical issue, and I look forward to supporting his office to ensure that bureaucracy doesn't slow down outdoor dining's success."
"Nine out of ten restaurants stopped participating in outdoor dining since the seasonal program launched in 2024," said City Council Member Lincoln Restler, Chair of the Committee on Contracts. "In addition to implementing the new law to restore year-round outdoor dining, DOT needs to make significant operational improvements to speed up the application process and make it easier for small businesses to participate. I appreciate Comptroller Levine calling attention to these unacceptable and avoidable delays."
"New York City's outdoor dining program should support small businesses, create jobs, and bring vibrancy to our neighborhoods, but lengthy bureaucratic delays are undermining those benefits. Restaurants can lose an entire outdoor dining season waiting for approval, costing them critical revenue and employment opportunities," saidAndrew Rigie, Executive Director of the NYC Hospitality Alliance. "Comptroller Levine's investigation underscores the urgent need to streamline government reviews, establish clear approval timelines, and allow restaurants to operate under temporary permits to eliminate unnecessary delays that hurt restaurants, workers, and the communities they serve."
In May, the Office began an investigation into the persistent delays leading up to DOT's filing of applications for registration. The Comptroller's Office registers permits in an average of 7.9 days, and since September 2024 has authorized DOT to allow restaurants to participate immediately upon filing for registration.
The share of the City's approximately 27,000 restaurants participating in outdoor dining has dropped sharply since the Covid-19 pandemic, down from a peak approaching 13,000 to just under 2,500. With the passage of Local Law 135 this August, granting roadway cafes the ability to operate year-round, restaurants could face fewer barriers to participation by avoiding seasonal construction, dismantling and storage costs.
Other key findings in the report include:
The New York City Commission on Government Efficiency proposed a charter amendment aimed at reducing application delays by shortening or eliminating certain external review requirements, including public hearings and City Record publication timelines. Independent of whether the proposed charter amendment is adopted, DOT should take additional steps to streamline the application process.
To that end, the Comptroller's Office offered several recommendations, including:
You can read the full report here: https://comptroller.nyc.gov/reports/investigation-of-processing-times-in-dots-dining-out-nyc-program/
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