Sidewalk Area Dining Facilities; Permits.
Milwaukee Code of Ordinances § 115-32.6
in effect115-32.6. Sidewalk Area Dining Facilities; Permits.
1. PURPOSE. The purpose of this section is to establish reasonable rules and regulations governing placement, operation and maintenance of sidewalk area dining facilities in the public right-of-way. The city welcomes such uses in the public way but must also ensure that convenience, safety and general access for pedestrians will be maintained.
2. DEFINITION. A “sidewalk area dining facility” shall mean an open air space located in the public right-of-way and created for the purpose of consuming food or beverages prepared on private property adjacent thereto.
3. PERMIT REQUIRED. It shall be unlawful for any person to use the public right-of-way as a sidewalk area dining facility without first obtaining a permit therefore. The application and annual space rental fee for sidewalk area dining facilities shall be as specified in s. 81-106.7.
4. APPLICATION. Application for a permit shall be made to the city clerk in accordance with s. 85-12. An application shall include both a written plan of operation and a plan drawing.
a. The plan of operation shall, at a minimum, indicate:
a-1. The expected starting date and ending date of the sidewalk area dining facility.
a-2. The proposed daily hours.
a-3. The planned capacity of the sidewalk area dining facility.
a-4. Whether any of the proposed sidewalk area dining facility improvements would be physically attached to public infrastructure and, if so, how.
a-5. The number of customers expected on a daily basis at the premises.
a-6. The legal occupancy limit of the premises.
a-7. Plans the applicant has to provide security for the premises.
a-8. Plans the applicant has to ensure the orderly appearance and operation of the premises with respect to litter and noise.
a-9. A description of any provisions made for clean-up of the premises.
b. The plan drawing shall be legible, submitted on 8.5” x 11” paper and include, at a minimum, the following:
b-1. The business name, address, phone number, contact person’s name and contact person’s phone number.
b-2. The length and width of each proposed sidewalk seating area.
b-3. The curb line, property line and building face.
b-4. All tables, chairs, benches, planters, server stations, umbrellas, heating lamps and other furniture or fixtures.
b-5. The names of all streets shown on the drawing.
b-6. A north arrow.
b-7. Any other information the city clerk would from time to time require.
c. The application shall be signed by both the applicant and the property owner (if other than the applicant).
5. CHANGES TO BE REPORTED. See ss. 85-35 to 85-39 for provisions relating to changes to applications and plans of operation.
6. PERMIT FEE. See ch. 81 for the required permit fee.
7. INSURANCE. Prior to issuance of a permit, every person applying for a permit shall file with the city clerk a certificate of general liability and property damage insurance that maintains the minimum insurance coverages specified in s. 245-12-3-b. Every certificate shall be executed by an insurance company licensed to do business in the state of Wisconsin.
8. AGE QUALIFICATION. No permit shall be issued to any person or any agent of a corporation or limited liability corporation who is not 18 years of age or older.
9. DISQUALIFICATION. Whenever any application is denied, or a permit is revoked, surrendered or not renewed, the procedures for disqualification for permit and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
10. INVESTIGATION REQUIREMENTS. Each application for a new license shall be referred to the commissioners of public works, neighborhood services and health in accordance with s. 85-21.
11 OBJECTION. An objection to issuance of a permit shall be based on the factors set forth in s. 85-2.7-4. If the local common council member or commissioner recommends against an application, no permit shall be issued unless the applicant requests, in writing, an appeal before the licensing committee. An appeal shall be requested no more than 10 working days after the date on which the applicant was notified of the recommendation of the common council member or commissioner. An appeal shall be forwarded by the city clerk to the licensing committee for its recommendation as to whether a permit should be granted. The procedure for considering an appeal shall be as provided in s. 5-2.7.
12. ISSUANCE. See s. 85-12.5 for provisions relating to the issuance of a permit.
13. PERMIT TERM. A sidewalk area dining permit shall expire the same date as other licenses issued for the premises.
14. POSTING. Each permit shall be displayed in proximity to the sidewalk seating area so that it is visible from the public sidewalk.
15. TRANSFER. See s. 85-19 for provisions relating to the transfer of a permit and the change of permit holder names.
16. RENEWAL. Application for renewal of a permit shall be made to the city clerk in accordance with the provisions of s. 85-26. The city clerk shall refer the application to the commissioner of public works. If the applicant still meets the permitting qualifications, the permit shall be issued unless a written objection has been filed under s. 85-3. If there is objection to renewal of the permit, the procedure for considering the renewal application shall be as specified in ss. 85-3 to 85-5.
17. REVOCATION OR SUSPENSION OF PERMIT. Any permit issued under this section may be suspended or revoked for cause by the common council after notice to the permit holder and a hearing. Notice and hearing on the revocation shall be conducted in accordance with s. 85-3.
18. OPERATIONAL REQUIREMENTS. a. Hours of Operation. The hours of operation of the sidewalk area dining facility shall be as approved by the common council.
b. Pedestrian Clearance. All sidewalk seating areas shall at all times maintain a minimum clearance of 5 feet for pedestrian traffic. The clearance area shall be clear of all obstructions and provide a straight pedestrian path to the greatest degree possible.
c. Paved Surface. At no time shall any furniture that is part of a sidewalk seating area be placed on grass, landscaping mulch or other unpaved surfaces. Sidewalk seating area furniture shall be placed on a paved surface of concrete, asphalt, pavers or other approved surface material.
d. No Permanent Attachment. No sidewalk seating area tables, chairs, planters, server stations or other furniture or fixtures shall be permanently affixed to the public sidewalk, light poles, traffic signal poles, bicycle racks, street trees or other public improvements. Nothing shall be hung from street trees, light poles, sign posts or traffic signal poles. Work On Public Ways
e. Alterations of Public Improvements. Existing public improvements in the sidewalk area, such as benches, planter boxes, tree grates, bicycle racks, kiosks and trash receptacles, shall not be moved or removed to accommodate a sidewalk seating area unless it is determined that the improvements are no longer needed or that they can be appropriately relocated. Any alterations to public improvements shall be approved by the commissioner of public works and made at the permit holder’s expense.
f. Food or Beverage Preparation Within Public Right-of-Way. Any food or beverages shall be stored and prepared within the affiliated establishment. No storage or preparation of food or beverages shall occur within the public right-of-way.
g. Compliance With Plan of Operation. Failure to comply with the approved plan of operation shall constitute grounds for modification, nonrenewal, suspension or revocation of a permit as provided in s. 85-4-4.
h. Other Requirements. The common council may establish other operational requirements as may be necessary to regulate the location, design and operation of the sidewalk seating area.
19. REMOVAL. The permit holder shall remove all tables, chairs, fencing and other material associated with the sidewalk area dining facility and restore the public way whenever public necessity so requires as determined by resolution of the common council or upon expiration of the permit. In addition, the commissioner of public works may order the temporary removal of sidewalk dining facilities for major civic events, emergency repairs or other public improvements. The permit holder shall not be entitled to any damages when/if removal is required.
20. MINIMUM SIDEWALK CLEARANCE. All sidewalk area dining facilities shall maintain a minimum sidewalk clearance of 5 feet, and the minimum clearance shall be kept clear of all obstructions, as specified in the guidelines provided by the commissioner under sub. 7.
21. GUIDELINES. The commissioner of public works in administering this section shall refer to guidelines adopted by the common council. These guidelines shall include standards regarding the location, design and operation of sidewalk dining areas.
22. LIMITATIONS. The commissioner of public works may only issue sidewalk area dining permits when the affiliated food or beverage establishment is a permitted use under the zoning regulations of the city. When the affiliated establishment is a special use under city zoning regulations, a sidewalk area dining facility may be permitted through special use procedures subject to applicable regulations of this section.
23. ASSOCIATED PERMITS. In order to construct and operate a sidewalk area dining facility, certain associated city permits or approvals may be required (e.g. building permit, extension of alcohol beverage premises license, health permit). Issuance of a sidewalk area dining permit does not alter the need to obtain any associated required permits.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH115.pdf#page=18Fetched: 10/26/2026