Durham, NC Special Events & Permits: Sidewalk Dining & Cafés (2026)

The city manager or a designee issues outdoor seating permits for city maintained rights-of-way, sidewalks, public alleys and pedestrian ways. Only an eating establishment, restaurant or private club can apply, and no permit issues until the application is complete. It must list the operators and their contact details, the food and beverages to be sold, the hours of the business and of the patio, and a scaled site plan covering six feet on either side of the frontage. It also needs proof of insurance with a $1,000,000.00 minimum liability limit, an indemnity statement approved by the city attorney, copies of state, County and city permits including health and ABC permits, a fire rating if a tent or canopy is used, and the processing fee from the city fee schedule plus any right of way closure fees.

Under subsection (c), the patio must share management, food preparation and restrooms with the host business, operate under its name, and stay closed whenever the business is closed. Seating cannot exceed 50 percent of the host business's total seating capacity, and the city manager can allow up to 40 percent on a showing of good cause. A six-foot-wide unobstructed pedestrian corridor must remain at all times, with four feet kept clear straight out from the entrance, two feet from the curb (three feet next to on-street parking), and four feet from driveways, alleys and handicapped ramps. Going past your own property line needs written permission from the adjoining owners. Furniture must be easily movable and never affixed, no electrical cords can run to the patio, and umbrellas need seven feet of clear height and no signage.

Alcohol service under subsection (d) requires a standard eating establishment, restaurant or private club as defined in G.S. § 18B-1000, clearly visible barriers, no more than two points of ingress and egress, the required ABC permits, and signs at each exit stating that open containers cannot leave. Under subsection (e), all furniture except planters and pots comes inside at closing, and the operator keeps the area free of litter under § 26-123. The city can also order a patio to close for street, utility or building work, parades and civic festivals.