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Buffalo, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Approval body
Common Council, majority vote
Max width
12 feet
Minimum clear sidewalk
4 feet
Season
April 1 to November 15
Bond required
construction-in-street bond
Fee basis
per square foot, Chapter 75, Fees
Revocation
without prior notice, Council power

Summary

A Buffalo restaurant that wants to seat customers on the sidewalk needs a sidewalk cafe permit approved by the Common Council under City Code § 413-59, backed by a scaled site plan and a construction bond. Installations top out at 12 feet wide and must come down every November 15 unless the Council approves a year-round exception.

(1) No installation shall exceed 12 feet in width. (2) In no case shall the unobstructed portion of the public passageway, after the installation of the sidewalk cafe, be less than four feet in width, except that the Common Council may require an unobstructed passageway or more than four feet in areas of high pedestrian traffic. (3) Sidewalk cafes may be installed no earlier than April 1, and all components thereof shall be removed from the public passageway on or before November 15 of each year, provided that the Common Council, upon application therefor, may permit a sidewalk cafe installation to remain in place throughout the year if the Common Council finds that said installation will not interfere with pedestrian traffic and that said installation presents no hazard or obstacle to snow removal.

Full Breakdown

Under § 413-59(A), a restaurant owner who wants to extend service onto the abutting sidewalk files an application with the Commissioner of Public Works, Parks and Streets, with a quarter-inch-scale plot plan showing the restaurant's footprint, sidewalk dimensions, lot frontage, hours of operation, table locations, maximum capacity, any obstructions like bus stops or fire hydrants, utility shutoffs, and a barrier-free access route for people with disabilities. The Commissioner forwards the application to the City Planning Board, and final approval requires a majority vote of the Common Council, or a two-thirds vote if the Commissioner and Planning Board both recommend disapproval.

§ 413-59(C) bars any permanent encroachment or structure permanently affixed to the building or sidewalk. Before a permit issues, § 413-59(D) requires a construction-in-street bond approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller, and § 413-59(H) sets an annual license fee per square foot of right-of-way encroachment under Chapter 75, Fees. The Supervisor of Licenses in the Department of Permit and Inspection Services issues the actual permit once every approval and the bond are in place.

Violations & Fines

§ 413-59(G) lets the Common Council revoke any sidewalk cafe permit at any time without prior notice to the permittee, since revocability is a built-in condition of the grant, and permits are nontransferable and nonassignable except with prior Council approval. Installing anything permanent in violation of § 413-59(C)'s ban on permanent fixtures, or leaving a cafe up past November 15 without a year-round Council finding, exposes the operator to that same at-will revocation.

Frequently Asked Questions

How wide can a Buffalo sidewalk cafe extend?
§ 413-59(B)(1)-(2) caps any installation at 12 feet wide and requires at least four feet of unobstructed sidewalk for pedestrians, though the Common Council can demand more clearance in high-traffic areas.
What time of year can a sidewalk cafe operate?
Sidewalk cafes may go up no earlier than April 1 and must come down by November 15 each year, unless the Common Council finds a year-round installation won't block foot traffic or interfere with snow removal.
Who approves a sidewalk cafe application in Buffalo?
The Commissioner of Public Works, Parks and Streets forwards the application and site plan to the City Planning Board, and final approval takes a majority vote of the Common Council, or a two-thirds vote if DPW and the Planning Board both recommend against it.
Can the City revoke a sidewalk cafe permit?
Yes, § 413-59(G) lets the Common Council revoke any sidewalk cafe permit without prior notice to the permittee, and permits can't be transferred or assigned without Council approval.

Sources & Official References

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