Marietta, GA Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permit required
- Encroachment permit, Section 8-39-040
- Annual fee
- $2.00/sq ft, $50 minimum
- Insurance
- $1,000,000 liability, city as additional insured
- Pedestrian path
- minimum 4 feet clear
- Decision time
- 15 days after complete application
- Revocation appeal
- 5 working days to city manager
Summary
Marietta requires a city-issued encroachment permit before any restaurant places cafe tables or chairs on the sidewalk in the Historic Marietta Square's central business district. The zoning administrator sets design rules, charges $2.00 per square foot annually with a $50.00 minimum, and can suspend or revoke the permit at any time.
It shall be unlawful for any person to create, establish, operate, maintain or otherwise be engaged in the business of running an outdoor café or place outdoor display café items upon the sidewalks or public property in the zoned CBD in the city unless he shall hold a currently valid permit issued under the terms of this chapter. ... 1.The encroachment area will be charged at a rate of $2.00 per square foot with a minimum annual charge of $50.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
Chapter 8-39 of the Marietta Code governs outdoor cafes on public sidewalks and right-of-way inside the central business district (CBD), covering the Historic Marietta Square. Section 8-39-040 makes it unlawful to run an outdoor cafe or place cafe tables without a currently valid encroachment permit, and restricts permits to restaurants that draw more than 50 percent of annual revenue from prepared food and drink. 00 in liability insurance naming the city as additional insured, a scaled site sketch, and photos of proposed tables, chairs and umbrellas; plastic furniture is barred and umbrellas may carry no advertising.
The planning office must decide within 15 days of a complete application. 00 minimum, prorated quarterly for new permits and waived only for encroachments used solely for beautification. Section 8-39-030 bars placing tables beyond 25 feet from either side of the business, blocking a four-foot pedestrian path, vending or displaying merchandise, smoking or vaping at tables, and using unapproved portable heaters. The zoning administrator may deny, suspend or revoke a permit under Section 8-39-070 for lapsed insurance, uncorrected violations, or pedestrian-safety congestion, giving the permittee five working days to appeal to the city manager; if items aren't removed within 36 hours of a final notice, public works can remove and store them for a fee.
Violations & Fines
Operating without a permit, or violating a permit's conditions such as encroaching past the 25-foot limit or narrowing the pedestrian path below four feet, is a misdemeanor under Section 8-39-070(E) punishable by a fine, imprisonment, or both, with each continuing day a separate offense. The city can also remove furniture left past a 36-hour final notice and bill the permittee for removal, transport and storage.
Frequently Asked Questions
Where does Marietta's outdoor cafe ordinance apply?
How much does a sidewalk cafe permit cost?
Can the city take away my sidewalk seating?
Are food trucks or vendor tables covered?
Sources & Official References
Other rules in Marietta
Compare Marietta to another location·View the Georgia special events & permits overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.