El Paso, TX Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permit term
- One to ten years
- Governing section
- El Paso City Code § 15.08.120(N)
- Alcohol service
- Separate TABC license required
- Cincinnati district hours
- Must close 1 a.m.–7 a.m.
- Enclosure limit
- No permanent structures allowed
- Max fine
- Up to $500 per day, per § 1.08.010
Summary
El Paso restaurants and bars that want to seat customers on the public sidewalk need a sidewalk cafe permit under City Code § 15.08.120(N), good for one to ten years, with design, fencing, alcohol and fire-code conditions attached to the encroachment.
N.Sidewalk cafes.1.Filing application.a.A letter from the property owner, if different from the food and/or beverage service establishment operator, indicating their authorization to obtain a sidewalk cafe permit; and acknowledging responsibility for any encroachments installed by tenant on city right-of-way; and b.The permittee shall be required to comply with all applicable codes, rules, regulations, and laws....4.Boundaries and fencing.a.A sidewalk cafe shall not be enclosed by permanent structure(s).i.If fencing is provided, fencing shall be continuous around the perimeter of the sidewalk cafe except for one opening/entry point....5.Alcohol.a.A license issued by the Texas Alcoholic Beverage Commission (TABC) is required for the sale and service of alcoholic beverages within the sidewalk cafe area.b.City approval of an application for a sidewalk cafe on city right-of-way does not guarantee, warrant or assure that the Texas Alcoholic Beverage Commission will allow the sale and service of alcoholic beverages within the sidewalk cafe area.
Full Breakdown
120, issued as a permit for a term of one to ten years by the permit official in the planning and inspections department. If the operator is not the property owner, the owner must submit a letter authorizing the tenant to obtain the permit and accepting responsibility for the encroachment. Every sidewalk cafe must follow the city's "Right-of-way Cafe Design Guidelines" and cannot block El Paso Water Utilities, El Paso Electric, or El Paso Fire Department access points, hydrants, fire escapes, benches, or bike racks.
The cafe cannot be enclosed by a permanent structure; if fencing is used it must run continuously around the perimeter except for a single entry point, with sleeves at the pole bases so the fence can be pulled from the right-of-way if the city needs it. Selling alcohol inside the cafe area requires a separate Texas Alcoholic Beverage Commission license, and city sign-off on the permit is expressly not a guarantee TABC will approve alcohol service. The fire marshal must approve the location relative to building exits, and occupancy counts for the outdoor cafe and the indoor building must be tracked separately. unless a special event permit says otherwise.
Violations & Fines
Operating a sidewalk cafe without the permit, or violating any condition of it, is enforced under § 15.08.125: each day of a continuing violation is a separate offense, punishable under the general penalty in § 1.08.010, a fine up to $500 per occurrence, on top of the city's right to revoke the permit or remove noncompliant encroachments at the permittee's expense.
Frequently Asked Questions
Can a restaurant own the sidewalk cafe area outright?
Does the city guarantee alcohol can be served outside?
Can a sidewalk cafe be fully enclosed?
What happens if the permit is violated?
Sources & Official References
Other rules in El Paso
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