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Houston, TX Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Licensing authority
City Traffic Engineer
License term
1 year, renewable
Required insurance
$1M per occurrence / $2M aggregate
Curb clearance
At least 2 feet from curbline
Structures
No permanent walls; open-air only

Summary

Houston restaurants must obtain a one-year license from the city traffic engineer before setting up an outdoor sidewalk cafe, with insurance, a bond, and strict placement rules.

(c)License required. It shall be unlawful for any person to erect, operate or maintain a sidewalk cafe without first obtaining a license to do so as provided in this action.

Full Breakdown

Under City Code § 40-10.1, no one may erect, operate or maintain a sidewalk cafe on a public right-of-way without a license from the traffic engineer. Applicants file a site plan, provide proof of abutting-property ownership, and carry $1,000,000/$2,000,000 liability insurance naming the city as additional insured. Tables, chairs and barriers must stay clear of a designated 'public clearance way' and at least two feet from the curbline; nothing may be permanently attached to the sidewalk.

Violations & Fines

Operating without a license is unlawful and punishable under the general penalty section § 1-6. The traffic engineer can suspend a license up to one year after written notice, or revoke it after three violation notices in a year, requiring immediate removal of all tables, chairs and appurtenances.

Frequently Asked Questions

Do Houston restaurants need a permit for sidewalk dining?
Yes. Section 40-10.1(c) makes it unlawful to erect, operate or maintain a sidewalk cafe without first obtaining a license from the traffic engineer.
How long does a Houston sidewalk cafe license last?
One year from issuance. The licensee must renew before the anniversary date or remove all tables, chairs and other appurtenances by the expiration date.
What happens if a licensee violates the sidewalk cafe rules?
The traffic engineer can suspend the license for up to a year after notice, or revoke it after three violation notices within one year, forcing immediate removal of the cafe.

Sources & Official References

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