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

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

Key Facts

Permit type
conditional use special permit (Planning Board)
Patron cap
6 patrons as of midnight
Removal deadline
1:00 a.m.
Alcohol service
requires NYS Liquor Authority approval
Outdoor cabarets
prohibited
District
Neighborhood Shopping (NS) only

Summary

In Clarkstown's Neighborhood Shopping District, outdoor dining tied to an existing restaurant, cafe or delicatessen needs a Planning Board conditional use special permit, caps patrons at six after midnight, requires removal by 1:00 a.m., and bars alcohol service without New York State Liquor Authority approval.

Outdoor dining that is incidental to and in conjunction with an established permitted restaurant, cafe or delicatessen as permitted in the NS District shall be permitted upon the approval and granting of a conditional use special permit, provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses. ... Permission to serve alcoholic beverages at outdoor dining establishments shall be contingent upon the applicant obtaining written approval from the New York State Liquor Authority. ... The total number of patrons at any outdoor dining establishment shall not exceed six patrons as of 12:00 midnight of the morning following an evening of food and beverage service. All outdoor dining establishments authorized under this chapter shall be removed from the outdoor dining area at or before 1:00 a.m. of the morning following an evening of food and beverage service. Outdoor cabarets and outdoor dining establishments in conjunction with a cabaret are specifically prohibited.

Full Breakdown

Clarkstown's Neighborhood Shopping (NS) District treats outdoor dining as a conditional use requiring a special permit from the Planning Board, not a use permitted by right, under § 290-7.4G(2). The use only qualifies if it is "incidental to and in conjunction with an established permitted restaurant, cafe or delicatessen," and the Planning Board must find it causes no deleterious effect on public health, safety or welfare and no negative effect on adjoining businesses before granting the permit.

Once approved, the operator faces several fixed conditions: the Planning Board may restrict hours for music or sound equipment that could affect nearby properties; all furnishings must be removed daily whenever the indoor establishment is closed or the outdoor area is not in daily use; alcohol service outdoors requires written approval from the New York State Liquor Authority filed with the Building Inspector before the permit issues, and all drinks must be prepared indoors; patrons must be seated at a table to be served; the outdoor area is capped at six patrons as of midnight following an evening of service; and every outdoor dining setup, tables and chairs included, must be cleared from the area by 1:00 a.m. Outdoor cabarets, and any outdoor dining paired with a cabaret use, are flatly prohibited in the district.

These conditions apply specifically within the NS District, which covers Neighborhood Shopping-zoned parcels along corridors like U.S. Route 9W in Clarkstown; sidewalk cafes elsewhere in town fall under the site plan and use conditions of their own district rather than this section.

Violations & Fines

Operating outdoor dining past the 1:00 a.m. removal deadline, exceeding the six-patron midnight cap, serving alcohol without State Liquor Authority approval on file, or running an outdoor cabaret is grounds for the Planning Board to revoke the conditional use special permit and is separately enforceable as a Zoning Code violation under § 290-34A: up to $3,500 for a first offense, $3,500-$6,000 for a second offense within 18 months, and as much as $16,000 for later repeats, plus up to 15 days imprisonment.

Frequently Asked Questions

Does a Clarkstown restaurant need a permit for outdoor dining?
Yes, in the Neighborhood Shopping District. Section 290-7.4G(2) requires a conditional use special permit from the Planning Board, and the outdoor dining must be incidental to an already-permitted indoor restaurant, cafe or delicatessen.
How late can an outdoor dining area in Clarkstown stay open?
Patron count is capped at six as of midnight, and every table, chair and furnishing must be removed from the outdoor dining area by 1:00 a.m. of the following morning.
Can outdoor dining serve alcohol?
Only with written approval from the New York State Liquor Authority filed with the Building Inspector before the special permit issues, and all alcoholic beverages must be prepared indoors, never at an outdoor bar.

Sources & Official References

Other rules in Clarkstown

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