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De Pere, WI Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Furniture requirement
Portable, not permanently affixed
Overnight furniture
Cleared nightly unless exemption approved
Alcohol service
Needs amended Class B license
Exemption approval
Both public works and development services directors
Beautified areas
No overnight exemption allowed

Summary

A restaurant that wants tables and chairs on De Pere's public sidewalk needs a sidewalk cafe permit under § 106-6(b)(2)b, on top of the general right-of-way encroachment permit. Furniture must be portable, cleared away at closing unless an exemption is approved, and serving alcohol needs a separate Class B license amendment.

b.Sidewalk cafe permit. In addition to the requirements of subsection (b)(1) of this section, requests for a cafe permit for use of city right-of-way or other city property (non-park) shall meet the following:1.Definitions. ... Sidewalk cafe means any group of tables, chairs, benches, or partitions maintained upon the city's right-of-way or public sidewalks and walkways for use directly adjacent to an establishment with a valid restaurant license. ... (ii)Outdoor furniture and equipment.A.All tables, chairs and other materials and equipment placed on the permitted area for operation of the sidewalk cafe shall be portable and shall not be permanently affixed to the surface of the permitted area.B.All outdoor furniture and equipment shall be removed from the permitted area before the close of business and not returned to the permitted area until the usual and customary opening of the sidewalk cafe each day. A permit applicant may request to be exempt from this section, which must be indicated on the permit application. Such requests are subject to the approval of the director of public works and the director of development services or their designees.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).

Full Breakdown

layers extra requirements onto the general revocable occupancy permit for any restaurant that wants a sidewalk cafe, defined as a group of tables, chairs, benches or partitions kept on the city's right-of-way or public sidewalks directly next to an establishment holding a valid restaurant license. Beyond the general application to the development services director required for any right-of-way permit, a sidewalk cafe applicant who wants to serve alcohol must separately apply to amend its Class B alcohol license so the licensed premises description covers the sidewalk cafe area.

Every table, chair and other piece of equipment placed in the permitted area has to be portable and cannot be permanently affixed to the sidewalk surface. The default rule requires all outdoor furniture and equipment to come inside before the close of business each day and stay off the sidewalk until the cafe's usual opening the next day; an applicant who wants to leave furniture out overnight instead can request that exemption on the permit application itself, but the director of public works and the director of development services, or their designees, must both approve it, and the exemption is unavailable altogether in any area where the city has invested in beautification efforts.

A sidewalk cafe permit sits on top of, not instead of, the general encroachment permit requirements in § 106-6(b)(1): a written request describing the location and duration, a map, and liability insurance naming the city as an additional insured. A denial can be appealed to the board of public works within ten days under § 106-6(e).

Violations & Fines

Placing a sidewalk cafe without the § 106-6(b)(2)b. permit, using non-portable furniture, leaving tables and chairs out overnight without an approved exemption, or serving alcohol in the cafe area without first amending the Class B license violates the chapter. The city can revoke a revocable occupancy permit for a violation of its own terms without a hearing under § 106-2(l)(6).

Frequently Asked Questions

Can a De Pere restaurant leave sidewalk cafe furniture out overnight?
Only with an approved exemption. Section 106-6(b)(2)b.(ii)B. requires furniture and equipment to come inside before closing each night by default, but a permit applicant can request an overnight exemption, which needs sign-off from both the director of public works and the director of development services.
Does a De Pere sidewalk cafe need a separate alcohol permit?
Yes. Under § 106-6(b)(2)b.2.(i), a sidewalk cafe operator who wants to serve alcohol outdoors must file a separate application to amend the restaurant's existing Class B license so its licensed premises formally covers the sidewalk cafe area before any drinks can be served there.
Is a sidewalk cafe permit enough on its own in De Pere?
No. It supplements, rather than replaces, the general right-of-way encroachment permit under § 106-6(b)(1), which still requires a written request describing the location and duration, a scaled map, and liability insurance naming the city as an additional insured on the policy.

Sources & Official References

Other rules in De Pere

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