Burleson, TX Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Agreement required
- Right-of-way use agreement before operating any sidewalk cafe
- Public access
- Cafe must be open to any member of the public
- Pedestrian clearance
- Not less than six feet unobstructed
- Roadway
- No agreement allows use of the roadway
- Decider
- Burleson City Council at a duly called meeting
- Alcohol
- Liquor liability insurance where applicable
Summary
In the City of Burleson, Texas, a sidewalk cafe on a sidewalk or public parking needs a right-of-way use agreement, must stay open to any member of the public, and must leave six feet of the sidewalk unobstructed for pedestrians. No agreement allows use of the roadway.
(11) If the use under the agreement is for a sidewalk cafe, a provision that the sidewalk cafe will be open to any member of the public to use. ... (b) No right-of-way use agreement shall allow for use of the sidewalk that reduces the unobstructed use of the sidewalk for pedestrians to less than six feet. ... (c) No right-of-way use agreement shall allow for the use of the roadway.
Full Breakdown
Burleson Code of Ordinances § 70-190 defines a sidewalk cafe as an outdoor dining area associated with a property that includes a restaurant or a food sales use, located on a sidewalk or public parking adjacent to and within the span of the facade of that property, and containing seating, tables, chairs, planters or other appurtenances. Section 70-198(b) then bars anyone from operating a sidewalk cafe in a municipal street without a right-of-way use agreement. Ord. No. 5444-04-2024 adopted the framework on 4/15/2024, and a written agreement the city entered into before April 1, 2024 counts under § 70-198(c).
Only the owner or tenant of the adjacent property can apply, and the city council decides at a duly called meeting. In the Old Town district the Old Town Development Standards Review Committee first comments on whether the design is compatible with the Burleson Old Town Design Standards, though its comments are not approval. The council can sign only after finding that the use does not intrude on a roadway or sidewalk portion needed for pedestrians, does not create a hazardous condition or obstruction, and does not interfere with public use of the street or sidewalk.
The application under § 70-193 must show the name and address of the adjacent business if different from the applicant, a schematic design or site plan with renderings, height and coverage, the location and orientation of any loudspeakers, and whether electrical, mechanical or plumbing work will be done in accordance with the adopted building codes.
Every agreement under § 70-194(a) must make the applicant solely responsible for maintaining the area, require compliance with local, state and federal law including the Americans with Disabilities Act, and require a cash or surety bond covering removal costs. It must also require general liability insurance in the amount the city manager establishes, plus liquor liability insurance where applicable. The applicant must stay current on taxes due to the city, cannot bring or keep hazardous materials in the area, and cannot assign the agreement. Overhangs above the sidewalk are allowed if high enough not to interfere with pedestrian use.
Violations & Fines
Operating a sidewalk cafe in a municipal street without a right-of-way use agreement violates § 70-198(b). The agreement is revocable by the city at any time for any reason. Where no specific penalty is provided, § 1-14(a) caps the fine at $500.00, and each day a violation continues is a separate offense under § 1-14(c).
Frequently Asked Questions
Do I need an agreement to put tables on a Burleson sidewalk?
How much sidewalk must stay clear for pedestrians?
Can a Burleson sidewalk cafe be limited to paying customers?
Who can apply for a sidewalk cafe in Old Town Burleson?
Sources & Official References
Other rules in Burleson
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