A report released Tuesday, Oct. 27, by New York City Comptroller Mark Levine found that more than half of the restaurants approved for outdoor dining permits waited over 19 months. The Department of Transportation (DOT) did not track how long each stage took, so it could not identify the cause of the delays. If Question 1, which is on the ballot Tuesday, Nov. 3, passes, the process will change, but the change will not apply to applications already filed.
More than half of the restaurants that received permits through the city's outdoor dining program waited over 19 months for approval, according to a report released Tuesday by New York City Comptroller Mark Levine. Of the 4,911 applications filed since the program began in March 2024, only 1,405 (28.6%) had resulted in a license as of June 15, 2026. The Comptroller's office also pointed out that the city Department of Transportation (DOT) lacked the data to determine at which stage applications get stuck. This article is based on reporting by the local outlet amNewYork.
According to amNewYork, 2,115 applications were still unprocessed at that point, 58 of which were filed in the program's early days. The report said restaurant owners exchanged paperwork with DOT staff for months over application requirements. Technical drawings that are difficult for small business owners to produce were also cited as a cause of delay. Under the seasonal system in effect through this fall, roadway cafes could operate only from April through November, so some applicants missed two or more seasons of business.
In a statement to amNewYork, DOT said, "there is no backlog of applications awaiting review." It explained that sidewalk cafes and roadway cafes must be applied for separately, and that City Charter provisions requiring public review and multiple newspaper advertisements add time. A city official said no applications are currently waiting on action by DOT, and that the remaining ones are either in the legally required public review or waiting for additional materials from the owner. However, DOT did not provide the current number of unprocessed applications. The report also acknowledged that DOT significantly sped up processing this year. The average number of approvals per month was 29 from March 2024 through January 2026, but rose to more than 228 from February, peaking at 475 in July. But the Comptroller's office said that without data on how long each stage takes, it cannot determine whether this improvement will last.
Mayor Zohran Mamdani signed a bill on Monday, Aug. 31, restoring year-round operation of roadway cafes. However, the law left the existing permit requirements in place. Question 1, on the ballot Tuesday, Nov. 3, would merge sidewalk and roadway cafe applications into one, eliminate the mandatory public hearing and some newspaper advertising requirements, and remove the City Council's power to reject individual sidewalk cafe applications. The city's Government Efficiency Commission estimates that the approval period could drop from eight months to two. If passed, it would take effect on March 1, 2027, and would not apply to applications already submitted. The Comptroller's office has taken no position on the measure and recommended that DOT set processing-time targets, improve data tracking and publish a plan for meeting the two-month target.
The program applies to restaurants throughout New York City, so Flushing restaurants go through the same process. Based on the report and explanations from city officials, having required documents such as technical drawings ready at the application stage and responding quickly to DOT's requests for additional materials affect how long the process takes. Even if Question 1 passes, applications filed before March 1, 2027, will follow the current process.