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Pismo Beach, CA Outdoor Cooking: Smoker Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Clearance
Ten feet from flammable structures or material
Private property
Barbecue permit for that property, fire department
Public property
Special event permit for limited duration
Excluded
Backyard barbecues where no goods are sold
Penalty
Misdemeanor, fine up to $500 or six months

Summary

In the City of Pismo Beach, California, food cooked on an open fire or bed of coals for sale to the public is a regulated barbecue under Chapter 8.36. On private property the operator needs a fire department barbecue permit, ten feet of clearance from flammable structures or material, and a responsible adult at the fire. Residential and backyard barbecues where no goods are sold are excluded.

"Barbecue" means food prepared on an open fire or bed of coals by an individual, nonprofit organization or commercial business for the purpose of selling to the general public. ... No individual, nonprofit organization or commercial business shall operate a barbecue on private property without first having obtained a barbecue permit for that property. ... ... A. Barbecues shall be kept to a minimum of ten feet from flammable structures or material and/or shall meet approved fire suppression techniques as described in the California building and fire codes. B. A water hose and/or water extinguisher approved by the fire department shall be present until the fire is extinguished. C. A responsible adult shall remain with the barbecue at all times and the fire shall be extinguished before being left alone. D. No driveways or fire access may be blocked by placement of barbecues. ... ... B. Residential or backyard barbecues where no goods are sold to the public;

Full Breakdown

Chapter 8.36 defines a barbecue as food prepared on an open fire or bed of coals for the purpose of selling to the general public. The code never uses the word smoker, so the rule attaches to open-fire cooking for sale, not to the cooking gear. On public property, § 8.36.020 allows a barbecue only when a special event permit for limited duration and use of public property has been obtained. On private property, § 8.36.030 requires a barbecue permit for that property before anyone operates one, and the fire department handles permits for uses outside and inside a building.

Section 8.36.040 sets the minimum requirements. The barbecue stays ten feet from flammable structures or material, or meets approved fire suppression techniques in the California building and fire codes. A water hose or water extinguisher approved by the fire department stays on hand until the fire is out, a responsible adult stays at the fire, and no driveway or fire access is blocked. The operator also needs a city business license, must meet all zoning, building, fire and health regulations, and needs a fire department permit and tent inspection if a tent or canopy is used.

The application under § 8.36.050 asks for a site plan showing buildings, parking spaces and the proposed barbecue location and dimensions, a sheet explaining how each § 8.36.040 requirement will be met, the days and times of operation, a photo of the site and barbecue pit, and proof of approval from the county health department environmental health division. Under § 8.36.060 the fire department weighs public health and safety, community support, impact on adjacent businesses and residents, parking and traffic, and imposes conditions limiting time of use. The fee is set by city council resolution, and the council can exempt nonprofits by resolution (§ 8.36.090).

Section 8.36.100 leaves alone private barbecues on public property where no goods are sold, residential or backyard barbecues where no goods are sold, and permanent barbecues at approved locations such as the Vets hall when not selling to the public. The fire code amendment adding Section 105.6.26 in Chapter 8.08 sends commercial barbecue pits back to Chapter 8.36. On the beach, § 12.20.060 bans fires in the safety zone and play area but excepts portable barbecues used exclusively for food preparation, and coals cannot be discarded on the beach.

Violations & Fines

Violating Chapter 8.36 is a misdemeanor under § 8.36.110, punishable by a fine of not more than five hundred dollars, imprisonment of not more than six months, or both. Separately, the fire department can stop any barbecue immediately if it is a fire or life safety hazard because of location, atmospheric conditions or failure to meet permit conditions, until the problem is corrected.

Frequently Asked Questions

Does a backyard smoker or grill need a permit in Pismo Beach?
Not under Chapter 8.36 when nothing is sold. Section 8.36.100 says the chapter does not prohibit residential or backyard barbecues where no goods are sold to the public. The permit duty in § 8.36.030 attaches to barbecues run by individuals, nonprofits or businesses, and the definition covers food prepared for sale to the general public.
How far must a permitted barbecue sit from buildings?
Section 8.36.040 requires a minimum of ten feet from flammable structures or material, or approved fire suppression techniques described in the California building and fire codes. A hose or extinguisher approved by the fire department must be present until the fire is out, and driveways or fire access cannot be blocked.
Who issues the permit and what does it cost?
The fire department handles barbecue permits on private property, and use of public property needs a special event permit. The application fee is set by city council resolution under § 8.36.090, and the council can exempt nonprofit organizations by resolution. This page gives no dollar figure because the code does not print one.
Can I use a portable barbecue on the beach?
Section 12.20.060 bans starting, making or leaving any fire within the beach safety zone and play area, with an exception for portable barbecues used exclusively for food preparation. Coals from barbecues cannot be discarded on the beach. The rest of the beach and pier rules sit in Chapter 12.20.

Sources & Official References

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