Babylon, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permit required
- Planning Board special exception permit
- Process
- Public hearing before approval
- Small-business exemption
- 16 or fewer seats, off-premises focus
- Coverage
- Indoor and outdoor food service alike
- Parking ratio
- One space per two seats
Summary
Any new bar, restaurant, or cafe in the Town of Babylon serving food or drink indoors or outdoors, including sidewalk and outdoor dining setups, needs a Planning Board special exception permit and public hearing, unless it seats 16 or fewer for off-premises consumption.
All new bars, taverns, restaurants, cafes and other places for the serving of food or beverages, or both food and beverages, whether such food and/or beverages are served inside a structure or outside a structure, or both inside and outside a structure, shall be permitted only by special exception permit from the Planning Board, after the required public hearing, except when located in a planned shopping center over 350,000 square feet.
B. Any new bars, taverns, restaurants, cafes and other places for the serving of food or beverages, or both food and beverages, whether such food and/or beverages are served inside a structure or outside a structure, or both inside and outside a structure, shall be excluded from the requirement of a special exception permit from the Planning Board if those establishments have seating for 16 or fewer persons and such establishments shall be primarily in the business of preparing food and beverages for off-premises consumption. "Seating" or "a seat" shall be defined as a physical chair and/or a stool capable of seating one person and/or 1 1/2 feet of counter space or space in a booth or bench seating except when located in a planned shopping center over 350,000 square feet.
C.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4941158; v66 updated 2026-05-13; through 05-13-2026).
Full Breakdown
The Town of Babylon requires any new bar, tavern, restaurant, or cafe serving food or beverages, whether indoors, outdoors, or both, to obtain a Planning Board special exception permit and public hearing under § 213-346 through § 213-349, covering standard sidewalk cafes and outdoor dining setups. Small counter-service spots seating 16 or fewer for off-premises consumption, and tenants in shopping centers over 350,000 square feet, are exempt. Approved establishments must also provide one parking space per two seats or two counter stools under § 213-348, and "outdoor dining" is defined at § 213-1 as any outdoor cafe, sidewalk cafe, or eating area accessory to a food and beverage establishment.
Violations & Fines
Operating a sidewalk cafe or outdoor dining area without an approved Planning Board special exception permit is a zoning violation under Chapter 213, subject to enforcement by the Building Inspector, including denial of a certificate of occupancy.
Frequently Asked Questions
Does a sidewalk cafe need a permit in the Town of Babylon?
What counts as outdoor dining under the Town of Babylon code?
Sources & Official References
Other rules in Babylon
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Sidewalk Dining & Cafés in Nearby Cities
How other cities in Suffolk County handle sidewalk dining & cafés.