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Berwyn, IL Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Minimum establishment size
5,500 square feet, must serve food
Patio size cap
30% of interior square footage
License fee
$50 plus $.50 per square foot
License year
January 1st to December 31st
Closing time
12:00 a.m. Sun-Thu; 1:00 a.m. Fri-Sat
Issuing authority
Liquor Control Commissioner
Liquor class needed
Class C or Class D

Summary

In the City of Berwyn, Illinois, an establishment of at least 5,500 square feet that serves food can apply to the Liquor Control Commissioner for an outdoor patio dining license. The patio is capped at 30% of interior floor area, costs $50 plus $.50 per square foot, and closes at 12:00 a.m. Sunday through Thursday and 1:00 a.m. Friday and Saturday.

(A) Any establishment that occupies a minimum of 5,500 square feet and that serves food may apply to the Liquor Control Commissioner for issuance of a special permit or license for outdoor patio dining. (B) The establishment, if serving alcohol, must be a holder of a Class C or Class D liquor license issued by the city. ... (D) The maximum square footage of the outdoor patio dining area may not exceed 30% of the square footage of the interior of the establishment. (E) Establishments applying for the outdoor patio dining permit/license are required to pay $50 plus $.50 per square foot to the City Collection and Licensing Office as otherwise provided in these Codified Ordinances. (F) The permit/license shall be effective from January 1st to December 31st each year. ... However, the patio dining area shall not be in operation no later than 12:00 a.m. Sunday thru Thursday and until l:00 a.m. Fridays and Saturdays. On Memorial Day, Labor Day, and the 4th of July the hours shall be extended until 1:00 a.m.

Full Breakdown

Section 804.31 of the Berwyn Code of Ordinances is the city's outdoor dining license. It starts with a size test: the establishment must occupy a minimum of 5,500 square feet and serve food, and the application goes to the Liquor Control Commissioner. A place that serves alcohol on the patio must hold a Class C or Class D liquor license issued by the city. The patio has to be an area where food is consumed. Alcohol can go with the food, but the patio cannot be an area where only alcohol is served.

The patio footprint cannot exceed 30% of the square footage of the interior of the establishment. The applicant pays $50 plus $.50 per square foot to the City Collection and Licensing Office, and the license runs January 1st to December 31st each year, so it is renewed annually. Hours of operation follow the establishment's hours of serving food, with the patio out of operation no later than 12:00 a.m. Sunday through Thursday and until 1:00 a.m. on Fridays and Saturdays. Memorial Day, Labor Day and the 4th of July extend the hours to 1:00 a.m.

Beyond the excerpt, the section requires a privacy fence or similar structure around the patio that conforms to the city's Planning & Zoning Code, and chain link fencing is not allowed. Any special lighting needs Building Department permission and inspection. The awning or covering must be solid material covering the length of the patio and installed with Building Department approval. The floor must be concrete or brick, the patio needs hot and cold running water outlets on the outside of the building, and no food can be prepared outside approved kitchen facilities. There is no smoking on the patio. Separately, the food service fee table in § 801.13(KK) lists use of sidewalks for restaurant tables at $50 plus $0.50 per sq. ft. of sidewalk space used.

Violations & Fines

Under § 804.31(R), any violation of the section subjects the licensee to a hearing on the license as provided in § 804.21, with the penalty set in § 804.99. Section 804.99 sends violations without a specific penalty to § 202.99, which sets a fine of not more than $2,000 for each violation, and every day the violation continues counts as a separate offense. The licensee is held solely responsible for patron conduct, and no patron can leave the patio or the establishment with an open beer or like container.

Frequently Asked Questions

How large can a Berwyn restaurant patio be?
The patio cannot exceed 30% of the square footage of the interior of the establishment, and the establishment itself must occupy at least 5,500 square feet. A 6,000 square foot restaurant, for example, tops out at a 1,800 square foot patio, which at $50 plus $.50 per square foot would carry a $950 fee.
What hours can a Berwyn patio stay open?
Hours follow the establishment's food serving hours, but the patio cannot operate later than 12:00 a.m. Sunday through Thursday or 1:00 a.m. on Fridays and Saturdays. On Memorial Day, Labor Day and the 4th of July the hours extend until 1:00 a.m. under § 804.31(F).
Is smoking allowed on a Berwyn dining patio?
No. Section 804.31(O) states there is no smoking in the patio dining area. An establishment that wants to allow smoking has to set up a separate designated area that follows the State of Illinois' established smoking laws.
Who issues the outdoor dining license in Berwyn?
The establishment applies to the Liquor Control Commissioner for the special permit or license, and pays the fee to the City Collection and Licensing Office. Awnings, coverings and special lighting also need Building Department approval and inspection before use.

Sources & Official References

Other rules in Berwyn

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