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Auburn, AL Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Application fee
$50, nonrefundable
Pedestrian clearance
5 feet unobstructed paved space
Liability insurance
$500,000 per occurrence minimum
Annual rent
$1/sq ft, capped at $500
Approval body
City council after public hearing

Summary

Auburn requires any restaurant that wants to serve food or drinks on a public sidewalk to hold an outdoor cafe permit under § 12-254, keep at least five feet of paved space clear for pedestrians, and pay a $50 nonrefundable application fee. The city council must approve the permit after a public hearing.

(a)It shall be unlawful for any person to create, establish, operate, maintain, or otherwise be engaged in the business of running an outdoor cafe in the city unless he shall hold a currently valid permit issued under the terms of this article; provided that no permit shall be issued under this article unless the applicant can demonstrate that a minimum of five (5) feet of unobstructed, paved space shall be available for pedestrian traffic around such outdoor cafe and that such outdoor cafe be contiguous to a food preparation establishment. No food or drinks served at such outdoor cafes shall be prepared outside. ... (6)A nonrefundable application fee in the amount of fifty dollars ($50.00).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 90).

Full Breakdown

Article XII of the Auburn code applies to outdoor cafes in the city's urban core zoning district (§ 12-252). Before serving a single meal outside, the operator must apply to the city manager with scale drawings showing furniture placement, unobstructed pedestrian space, fire hydrants and utility fixtures nearby, and the square footage occupied, along with a $50 nonrefundable fee (§ 12-254). No food or drink may be prepared outdoors, and the cafe must sit contiguous to an indoor food-preparation establishment with five feet of unobstructed paved walkway maintained around it.

City staff reviews the application, and the full city council must hold a public hearing before approving or denying it (§ 12-255). If alcohol is served, it must come from the adjoining licensed restaurant and comply with State ABC Board rules, and any area where alcohol is consumed must be separated from the rest of the sidewalk by a divider between three and four feet high (§ 12-256, § 12-257(b)). The permit does not transfer with a change of ownership; a sale or transfer terminates it and requires a fresh application (§ 12-258).

Before any permit issues, the operator must file an indemnification statement and a certificate of general liability insurance with limits of at least $500,000 per occurrence and a $1,000,000 aggregate, naming the city as an additional insured (§ 12-260, § 12-261). Operators pay annual rent of $1 per square foot of cafe space, capped at $500, due with the business license renewal, and must keep the right-of-way free of litter and never block a building's fire exit (§ 12-262).

Violations & Fines

Running an outdoor cafe without a current permit, letting insurance lapse, or transferring the business without a new permit under § 12-258 is unlawful. The city council can revoke or suspend a permit for noncompliance after 10 days' written notice and a public hearing, and operating after suspension or revocation is a separate offense punishable under § 1-9 (§ 12-263, § 12-264).

Frequently Asked Questions

How much does an Auburn outdoor cafe permit cost?
The application itself carries a nonrefundable $50 fee under § 12-254(b)(6). Once approved, operators also pay annual rent of $1 per square foot of outdoor cafe space, capped at $500 a year, collected alongside the business license renewal under § 12-262(c).
Who approves an outdoor cafe permit in Auburn?
City staff first reviews whether the location meets the article's requirements, then the city manager recommends approval or denial to the city council, which must hold a public hearing before voting to approve or deny the permit, per § 12-255.
Can an Auburn sidewalk cafe serve alcohol?
Yes, but only alcohol purchased from the adjoining host restaurant, and only within the permitted cafe area, which must be separated from the rest of the sidewalk by a divider three to four feet high. The restaurant must hold valid city and state alcohol licenses under § 12-256.
What insurance does an Auburn outdoor cafe operator need?
Before a permit is granted, the operator must file a certificate of general liability insurance with the city manager showing at least $500,000 per occurrence, $500,000 for personal and advertising injury, and a $1,000,000 general aggregate, naming the city as an additional insured, under § 12-261.

Sources & Official References

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