Boulder, CO Special Events & Permits: Sidewalk Dining & Cafés (2026)

Section 8-6-12 created a pilot program letting restaurants, brewpubs, taverns, breweries, distilleries, and wineries put outdoor seating in the public right-of-way, a public easement, or in a parking area, required yard, or open space on private property, running from September 1, 2022 through October 31, 2027 unless the city council extends it. Any such seating counts as an "encroachment" and requires a revocable permit; operating without one, or violating a condition of approval or a city manager rule, is prohibited under subsection (b). Applicants file a written application describing the exact proposed location, carry liability insurance under section 4-1-8, pay the fees set in sections 4-20-20, 4-20-11, and 4-20-76 (the Outdoor Seating Pilot Program Infrastructure Fee), and, for private property, show the property owner's permission.

The city manager can approve a permit for up to three years if the seating area is temporary or easily removed, doesn't create a traffic hazard, doesn't impair the public's use of the land, sits in a location the manager has designated as compatible with municipal services and accessibility, includes curb cuts and pedestrian ramps, and posts signage helping people of all abilities navigate around it. Sidewalk encroachments in commercial areas must keep a minimum of eight feet vertical and six feet horizontal clearance for pedestrians, though the manager can modify that if safe passage remains.

The section also lets the manager waive or modify several land use code requirements, including parking standards, landscaping and screening standards, and site or use review conditions, to make room for the seating area.