Maui County, HI Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Governing section
- Maui County Code § 19.39.080(G)
- Closing time
- 11:30 p.m., no exceptions listed
- Curb clearance
- 3 feet from edge of curb
- Use type
- Must be accessory to adjacent restaurant/kiosk
- Outdoor speakers
- Prohibited outright
- Max civil fine
- $1,000 per day (§19.530.030)
Summary
Maui County limits outdoor sidewalk dining in the Wailuku Redevelopment Area to seating accessory to an adjoining restaurant or kiosk. No permanent fixtures can be attached to the sidewalk or public right-of-way, three feet of curbside space must stay clear for pedestrians, outdoor speakers are banned, and tables must close by 11:30 p.m. Added seating cannot exceed the restaurant's available parking.
G.Outside open-air dining. Outside open-air dining is subject to the following conditions:1.No permanent fixtures, facilities, or encroachments are affixed to the sidewalk or installed within the public right-of-way.2.No advertising signage is placed on any encroaching structure, except for a kiosk.3.The sidewalk is clean and free from litter, food products, and other debris.4.The activity is accessory to a restaurant or kiosk located adjacent to the principal use.5.At least 3 feet from the edge of curb along the sidewalk is free from obstructions and the use does not impede pedestrian access or circulation.6.No outdoor speakers are installed.7.Outdoor dining areas must not be used after 11:30 p.m.8.Outdoor dining capacity must not increase the total seating capacity of the restaurant without adequate mitigation of the increased parking demand.
Full Breakdown
080 sets the general operating conditions for land uses inside the Wailuku Redevelopment Area (WRA), the historic town-center overlay administered by the Maui Redevelopment Agency and the Department of Planning. Subsection G, "Outside open-air dining," governs any restaurant or kiosk that wants to put tables on the sidewalk or in the adjacent right-of-way. The dining area must be accessory to a restaurant or kiosk already on the adjoining lot; a freestanding sidewalk cafe with no indoor business behind it is not authorized. No permanent fixtures, facilities, or encroachments can be affixed to the sidewalk or installed in the public right-of-way, and any advertising signage on the encroaching structure is barred except at a kiosk.
The sidewalk itself has to stay clean and free of litter, food products, and debris, and operators must keep at least three feet from the edge of the curb clear of obstructions so pedestrians are not blocked. , a hard closing time with no seasonal exception printed in the code. 130. 080 also regulates food kiosks, open-air markets, and open-air sidewalk sales side by side with dining, each carrying its own three-foot clearance and no-encroachment rules, so a business running more than one of these uses at once must satisfy every applicable subsection.
Violations & Fines
Wailuku Redevelopment Area violations are enforced administratively under Maui County Code § 19.530.030. The Planning Director can serve a notice of violation and order requiring the operator to cease the encroachment or correct it by a set date, plus a civil fine of up to $1,000, escalating to $1,000 per day the violation continues. The order becomes final unless the operator appeals to the Board of Variances and Appeals within thirty days of mailing.
Frequently Asked Questions
Can a Wailuku restaurant put tables on the public sidewalk?
How late can outdoor dining stay open in the Wailuku Redevelopment Area?
Does adding sidewalk seating require extra parking?
Sources & Official References
Other rules in Maui County
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