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Kokomo, IN Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Governing section
§ 97.03(C) Obstructions
Permitting authority
President, Board of Public Works and Safety
Seating limit
50% of sidewalk width, max
Required
Indemnification agreement, proof of insurance
Penalty for noncompliance
Fine under § 97.99, permit revocation

Summary

Restaurants in Kokomo may seat patrons on the public sidewalk under § 97.03(C) of the Code of Ordinances, but only with a permit from the President of the Board of Public Works and Safety. Seating cannot cover more than 50% of the sidewalk width measured from the building face, and permit holders must carry insurance, indemnify the city, and keep the area free of litter.

(C) An establishment having a fixed location and in the regular business of offering food and beverages for on-site consumption to the general public may utilize the public sidewalk and pedestrian ways adjoining the establishment for the purpose of providing outside seating for patrons upon the following terms and conditions: (1) The President of the Kokomo Board of Public Works and Safety is authorized to approve or disapprove permit applications and issue permits. (2) No more than 50% of the width of the public sidewalk or pedestrian way measured perpendicularly from the building face, may be used for patron seating. ... (8) Permits are subject to revocation by the Board of Public Works and Safety should the permit holder fail to comply with any of the conditions set out herein. In addition, permit holders are subject to fines as set out at § 97.99.

Full Breakdown

Section 97.03(C), added by amendments through Ordinance 6713 in 2013, lets any fixed-location establishment regularly in the business of serving food and beverages for on-site consumption use the adjoining public sidewalk or pedestrian way for outside patron seating, subject to eleven numbered conditions. The President of the Kokomo Board of Public Works and Safety approves or disapproves permit applications, and no more than 50% of the sidewalk or pedestrian way width, measured perpendicularly from the building face, may be occupied by seating. Applicants must sign an indemnification agreement covering the city against liability claims, including attorney fees, and the Board may require certificates of insurance naming the city as an additional insured.

Permit holders are responsible for keeping order in the seating area; failing to do so is grounds for revocation or denial of future permits, and permits must be displayed on-site for inspection. A revoked permit holder cannot reapply until the following calendar year. Noncompliant permit holders are also subject to fines under § 97.99, the Chapter 97 penalty section. An applicant denied by the Board President may appeal to the full Board of Public Works and Safety, and every permit holder must also follow the Indiana Alcohol and Tobacco Commission's rules for outdoor seating if alcohol service is involved. Separately, § 97.03(D) bars any permanent or temporary signage in the right-of-way without notice-and-removal by the City Engineer.

Violations & Fines

Operating sidewalk seating without a permit from the Board of Public Works and Safety, exceeding the 50% sidewalk-width limit, or failing to maintain order in the seating area violates § 97.03(C) and can draw a fine under § 97.99, plus permit revocation and a one-year wait before reapplying. Litter migrating onto adjoining sidewalks is also a violation.

Frequently Asked Questions

Do I need a permit to put tables on the sidewalk outside my Kokomo restaurant?
Yes. Section 97.03(C) requires a permit from the President of the Kokomo Board of Public Works and Safety before any fixed-location food and beverage establishment can use the adjoining public sidewalk for outside patron seating. Operating without one is a violation subject to fines under § 97.99.
How much of the sidewalk can a Kokomo restaurant use for outdoor seating?
No more than 50% of the sidewalk or pedestrian way width, measured perpendicularly from the building face, may be used for patron seating under § 97.03(C)(2). The remaining width must stay clear for pedestrian passage.
What happens if my Kokomo sidewalk dining permit is revoked?
Section 97.03(C)(9) bars the permit holder from getting another permit until the following calendar year. Revocation follows failure to maintain order in the seating area or noncompliance with any permit condition, and the Board of Public Works and Safety can also impose fines under § 97.99.

Sources & Official References

Other rules in Kokomo

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