New rules for outdoor dining have begun but not every local spot is participating.

Originally a pandemic-era creation, Dining Out NYC is now a permanent program. Restaurant owners can choose between roadway cafes and sidewalk cafes, which each have their own regulations. The rules are hyper-specific, such as how close the setups can be to things like trees and intersections. Roadway structures can only operate between April and November, while sidewalk cafes can stay open year-round but must close daily at midnight.

Some restaurateurs tell News 12 the strict rules were too complicated and too costly. Mario’s Restaurant on Arthur Avenue says building a setup that meets the city’s requirements would have cost around $30,000. The 105-year-old family-owned Italian joint won't be participating in Dining Out NYC.

The deadline to apply for outdoor dining passed back in August, so restaurants that didn’t apply must remove their setup or face a fine of $500. Businesses that did apply but don’t follow the rules will get an initial 30-day warning, then a $200 fine.

To see a full guide to the do's and don'ts of dining out rules, visit this link.