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

Article K of Chapter 4-5 governs "the establishment, operation and maintenance of outdoor cafes," defined in § 4-5-192 as exterior dining facilities on city-owned property that are temporary and open to the elements except for optional awnings or low walls. Section 4-5-193 makes it unlawful to "create, establish, operate, maintain or otherwise be engaged in the business of running an outdoor cafe upon the sidewalks in the city" without a currently valid permit, and no permit issues unless the applicant can show "a minimum of five feet of unobstructed, paved space" for pedestrian traffic around or through the cafe, and unless the cafe is contiguous to a food preparation establishment. No food or drink may be prepared outside.

The application goes first to the design review committee, which has 14 days to report its findings to the city engineer, who then has another 14 days to approve or deny under § 4-5-194. The applicant must submit scale drawings of tables, umbrellas, doorways, and a three-foot protective barrier if the cafe serves alcohol, plus a $25.00 nonrefundable fee, under § 4-5-193(c). Alcohol service requires separate city council approval by resolution and an ABC Board-compliant barrier under § 4-5-193(b). Before a permit issues, the operator must file an indemnity statement (§ 4-5-197) and comprehensive general liability insurance covering at least $100,000.00 per person and $300,000.00 per accident for both bodily injury and property damage (§ 4-5-198). A permit does not survive a change in ownership; § 4-5-195 requires a brand-new application if the cafe changes hands.