Outdoor dining on public sidewalks requires a right-of-way encroachment agreement from LFUCG Engineering. At least 5 feet of clear pedestrian passage must remain, and liability insurance is required.
Lexington-Fayette Urban County Government regulates the placement of private commercial furniture on public sidewalks through its right-of-way management authority under Chapter 17 of the Code of Ordinances (Streets and Sidewalks) and the Division of Engineering. Restaurants and cafes wishing to operate outdoor dining on the public sidewalk must apply for an encroachment or right-of-way use agreement that specifies the footprint of the dining area, furniture type, and hours of operation. The primary requirement is maintaining an unobstructed pedestrian passage of at least 5 feet on the remaining sidewalk so that accessibility under the Americans with Disabilities Act is preserved. Tables, chairs, umbrellas, planters, and barriers delineating the cafe area must not extend beyond the approved boundary. The operator must carry commercial general liability insurance with LFUCG named as additional insured. All furniture must be removed or secured outside operating hours, and the operator is responsible for keeping the permitted area clean and free of debris. Alcohol service in a sidewalk cafe area requires a separate ABC license extension from the Kentucky Department of Alcoholic Beverage Control covering the outdoor footprint. During the COVID-19 pandemic LFUCG expanded outdoor dining allowances, and some relaxed provisions have continued. Properties in the downtown and Distillery District areas frequently apply for sidewalk cafe use. Violations of right-of-way encroachment rules can result in removal orders and fines under LFUCG code enforcement. Applications are processed through the Division of Engineering at 101 E. Vine St., Lexington, KY 40507, 859-258-3984.
Contact your local code enforcement office for specific penalty information.
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