SIDEWALK CAFES AND SIDEWALK STOREFRONTS.

Austin City Code tit. 14, ch. 14-4

in effect

Austin City Code § 14-4-1 DEFINITIONS.

§ 14-4-1 - DEFINITIONS. In this chapter: (1) DEPARTMENT means the Austin Transportation Department. (2) DIRECTOR means the director of the Austin Transportation Department. (3) PUBLIC STREET has the meaning prescribed to "street" in Section 1-1-2 (General Definitions), excluding a designated state or federal highway or a designated county road. (4) RETAIL STORE means a business that sells or rents commonly used goods and merchandise for personal or household use. (5) SIDEWALK CAFE means an outdoor dining area that: (a) is associated with a property that includes a cocktail lounge, restaurant, or a food sales use as defined in Section 25-2-4 (Commercial Uses Described); (b) is located on a sidewalk or parking spot adjacent to and within the span of the façade of the property described in Subsection (a); and (c) contains seating, tables, chairs, planters or other appurtenances. (6) SIDEWALK STOREFRONT means an outdoor area that: (a) is associated with a property being used as a retail store; (b) is located on a sidewalk or parking spot adjacent to and within the span of the façade of the property being used as a retail store; and (c) contains appurtenances. Source: 1992 Code Section 15-9-1(B); Ord. 031204-12; Ord. 031211-11; Ord. 20071129-040; Ord. No. 20140828-074, Pt. 1, 9-8-14; Ord. No. 20170803-050, Pt. 1, 8-14-17; Ord. No. 20220217-009, Pt. 3, 2-28-22.

Austin City Code § 14-4-2 EXCEPTION FOR CITY USES.

§ 14-4-2 - EXCEPTION FOR CITY USES. This chapter does not apply to the City's use of a public street. Source: 1992 Code Section 15-9-7; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-4-3 PERMIT REQUIRED.

§ 14-4-3 - PERMIT REQUIRED. (A) A person may not operate a sidewalk café or sidewalk storefront without a permit issued by the director. (B) The director shall issue permits in accordance with this chapter. The director may not issue or renew a permit until the applicant has provided proof of insurance as required by Section 14-4-13 (Liability and Insurance) and complied with the provisions of this chapter. (C) A permit issued under this chapter is a grant of a privilege and is not a property right. Source: Ord. No. 20140828-074, Pt. 2, 9-8-14; Ord. No. 20220217-009, Pt. 4, 2-28-22.

Austin City Code § 14-4-4 PERMIT AUTHORIZED.

§ 14-4-4 - PERMIT AUTHORIZED. (A) The director may issue a permit establishing and maintaining a sidewalk café or sidewalk storefront, in compliance with Chapter 316 (Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses) of the Texas Transportation Code and this chapter. (B) The director shall establish permitting criteria and requirements under this chapter, including: (1) those necessary to protect public use of a street or a public utility company; (2) required clearances between the sidewalk café or sidewalk storefront and utility lines as prescribed by the Building Code; (3) a requirement that the permit holder provide the City with a cash or surety bond sufficient to cover the cost to the City or a public utility to remove the sidewalk café, if necessary; (4) a requirement that the permit holder pay the cost to relocate a City or public utility facility or improvement in a public street in connection with the installation of the sidewalk café or sidewalk storefront; (5) authorization for the City or a public utility to remove, without liability, part of the sidewalk café or sidewalk storefront if necessary to obtain access to a City or public utility facility or improvement; and (6) a requirement that the permit holder post a sketch of the permitted area in a public place near the permit holder's beverage certificate issued by the Texas Alcoholic Beverage Commission. (C) The director shall file a copy of the criteria and requirements adopted under this section with the city clerk. Source: Ord. No. 20140828-074, Pt. 3, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-5 RESTRICTIONS ON FEATURES OF SIDEWALK CAFE OR SIDEWALK STOREFRONT.

§ 14-4-5 - RESTRICTIONS ON FEATURES OF SIDEWALK CAFE OR SIDEWALK STOREFRONT. (A) A sidewalk café or sidewalk storefront operated under this chapter: (1) must have boundaries that are freestanding and not permanently attached; and (2) must be open to the air, except that shade elements that conform to requirements established by the department; and (3) except as provided in Subsection (D) must maintain at least six feet of unobstructed area on the sidewalk; and (4) must not enclose above-ground City public utilities infrastructure or transportation infrastructure without authorization of the director. (B) A sidewalk café that does not comply with Subsection (A)(l) is subject to Section 14-11-1 (Application Required), Section 14-11-21 (Additional Application Requirements for Release of Public Easement), and Article 1, Division 3 (License for Private Use of Public Property) of Chapter 14-11 (Use of Right-of-Way) instead of this chapter. (C) Any portion of a sidewalk café in which alcoholic beverages are served must be secured by balustrades, planters, or other appurtenances. (D) The director may require more than six feet of unobstructed area on a sidewalk based on mobility needs. Source: 1992 Code Sections 15-9-1, 15-9-2(A), (B), and (C)(7); Ord. 031204-12; Ord. 031211-11; Ord. 20071129-040; Ord. No. 20140828-074, Pt. 4, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-6 AUTHORIZED APPLICANT.

§ 14-4-6 - AUTHORIZED APPLICANT. (A) The owner or tenant of a property being used for a cocktail lounge, restaurant, or food sales use adjacent to where the sidewalk café is to be located may apply for a permit to operate a sidewalk café. (B) The owner or tenant of a property being used for a retail use adjacent to where the sidewalk storefront is to be located may apply for a permit to operate a sidewalk storefront. Source: 1992 Code Section 15-9-2(A); Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 5, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-7 APPLICATION REQUIRED.

§ 14-4-7 - APPLICATION REQUIRED. (A) An applicant must file an application with the director on a form approved by the director. (B) An application under this chapter must include: (1) an application fee as established by separate ordinance; (2) if the applicant is neither the fee title owner nor a tenant of the entire property adjacent to the proposed sidewalk café or sidewalk storefront location, written authorization of the fee title owner of the real property adjacent to the proposed location; (3) a schematic design of the area to be permitted or, at the director's request, a certified design completed by an architect or engineer; (4) information on the type of sidewalk café or sidewalk storefront to be established, including: (a) the number and placement of tables, chairs, and other furnishings; and (b) the name and address of the adjacent business that will serve the sidewalk café; (5) proof of general commercial liability insurance coverage, surety bond, and liquor liability insurance coverage if applicable, in the amount established by the department to protect the City's interest; and (6) other information required by the department. Source: 1992 Code Section 15-9-2(C)(1) through (6); Ord. 031204-12; Ord. 031211-11; Ord. 20071129-040; Ord. No. 20140828-074, Pt. 6, 9-8-14; Ord. No. 20170803-050, Pt. 2, 8-14-17; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-8 REVIEW, FINDINGS, AND DETERMINATION.

§ 14-4-8 - REVIEW, FINDINGS, AND DETERMINATION. (A) The director shall deliver a copy of each application the director receives for comment to: (1) affected City departments, including the City's traffic engineer; (2) the property owners and tenants whose property or businesses are immediately adjacent to the proposed permit area; and (3) affected utility franchise holders. (B) Not later than the 30th day after the director receives an application, the director shall make findings of fact as required by Chapter 316 (Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses) of the Texas Transportation Code and Subsection (C) based on a review of the application and any comments received under Subsection (A). (C) The director shall notify an applicant that an application is approved if the director finds that the proposed sidewalk café or sidewalk storefront: (1) is not located on, extend onto, or intrude on a portion of a roadway or a sidewalk necessary for pedestrian use; (2) is planned to minimize potential harm or injury to the public or interference to public use of a public street; (3) does not create a hazardous condition or obstruction of vehicular or pedestrian traffic on a public street; and (4) meets the requirements of this chapter and the criteria and requirements established by the department. (D) The findings made by the director under this chapter are exclusively for the use and benefit of the City to determine if the department's permit criteria have been met. The applicant may not rely on the director's findings as a certification or guarantee by the City that the findings are correct, complete, or accurate. (E) If the director fails to make a determination on an application on or before the 30th day after receipt of the application, the application is denied. Source: 1992 Code Section 15-9-3(A) and (B); Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 7, 9-8-14; Ord. No. 20220217-009, Pt. 6, 2-28-22.

Austin City Code § 14-4-9 DENIAL OF APPLICATION; RECONSIDERATION.

§ 14-4-9 - DENIAL OF APPLICATION; RECONSIDERATION. (A) The director shall notify the applicant in writing if the director determines that the proposed sidewalk café or sidewalk storefront does not meet the criteria established by this chapter or the department. The notice shall identify the criteria which were not met. (B) Before the 30th day after the date the notice under Subsection (A) is mailed or delivered or the application is denied under Section 14-4-8(E) (Review, Findings, and Determination), the applicant may submit to the director for reconsideration one revised plan for a sidewalk café or sidewalk storefront on the same proposed street. The payment of a new application fee is not required. (C) A revised plan that is submitted for reconsideration after the deadline for reconsideration in Subsection (B) must be accompanied by a new application under Section 14-4-7 (Application Required), including the application fee. Source: 1992 Code Section 15-9-3(C); Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 8, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-10 PERMIT FEES.

§ 14-4-10 - PERMIT FEES. (A) A person who operates a sidewalk café or sidewalk storefront shall pay to the director the permit and inspection fees established by separate ordinance. Source: Ord. No. 20140828-074, Pt. 9, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-11 PERMIT TERM.

§ 14-4-11 - PERMIT TERM. A permit issued under this division shall be valid for up to five years. Source: Ord. No. 20140828-074, Pt. 10, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-12 ASSIGNMENT OR TERMINATION OF PERMIT.

§ 14-4-12 - ASSIGNMENT OR TERMINATION OF PERMIT. (A) A permit is the personal obligation of the permit holder and is not assignable. (B) The City may terminate a permit at any time for any reason, including but not limited to, failure of the permit holder to update, the documentation required under Section 14-4-7 (Application Required). Source: 1992 Code Section 15-9-5; Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 11, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-13 LIABILITY AND INSURANCE.

§ 14-4-13 - LIABILITY AND INSURANCE. (A) A sidewalk café or sidewalk storefront permit holder must maintain general liability insurance coverage, liquor liability insurance coverage if alcohol is served, and a surety bond continuously during the term of the permit through insurance carriers that are authorized or eligible to do business in the State of Texas. (B) A sidewalk café or sidewalk storefront permit holder must execute an agreement with the City stating, among other things, that the permit holder (i) will be responsible for the maintenance of the permit area, (ii) will defend, indemnify, and hold the City harmless against all damages, costs, and expenses resulting from any activity carried on under the terms of the permit, and (iii) will comply with all local, state and federal laws for the establishment and operation of the sidewalk café or sidewalk storefront, including compliance with the Americans with Disabilities Act. Source: Ord. No. 20140828-074, Pt. 12, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Austin City Code § 14-4-14 FURNISHING REARRANGEMENT.

§ 14-4-14 - FURNISHING REARRANGEMENT. A permit holder may rearrange or reconfigure approved tables, chairs, and other furnishings in the permit area without obtaining director approval, if: (1) the permit holder promptly provides the department with a sketch of the new placement; and (2) the furnishings or their new placement do not: (a) extend outside of the approved area; (b) constitute a danger to the health or safety of a patron or the public; and (c) violate the terms of the permit. Source: 1992 Code Section 15-9-6; Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 13, 9-8-14.

Austin City Code § 14-4-15 OFFENSES AND PENALTY.

§ 14-4-15 - OFFENSES AND PENALTY. (A) A person commits an offense if the person establishes, operates, or maintains a sidewalk café or sidewalk storefront without a permit under this chapter. (B) A person may not sell, barter, trade, store, or take orders for merchandise at a sidewalk café or sidewalk storefront in violation of Chapter 14-9 (Traffic or Sidewalk Obstructions), except food or drink to be consumed in the sidewalk café or merchandise purchased from the sidewalk storefront. (C) An offense under this chapter is a Class C misdemeanor punishable as prescribed by Section 1-1-99 (Offenses; General Penalties). Source: 1992 Code Section 15-9-8; Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 14, 9-8-14; Ord. No. 20220217-009, Pt. 5, 2-28-22.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT14USSTPUPR_CH14-4SICASISTFetched: 10/27/2026