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Maui County, HI 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
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.

These county ordinances apply to unincorporated areas of Maui County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Yes, but only as an accessory use tied to an existing restaurant or kiosk on the adjoining lot under Maui County Code § 19.39.080(G). No permanent fixtures can be bolted to the sidewalk or right-of-way, three feet along the curb must stay open for pedestrians, and no outdoor speakers are allowed.
How late can outdoor dining stay open in the Wailuku Redevelopment Area?
Outdoor dining areas must close by 11:30 p.m. under subsection G(7) of the WRA general requirements. The code sets this as a flat cutoff with no listed exception for weekends, holidays, or special events, so tables and chairs need to be cleared or unused after that hour.
Does adding sidewalk seating require extra parking?
If sidewalk dining increases a restaurant's total seating capacity, § 19.39.080(G)(8) requires the operator to mitigate the added parking demand that increase creates. The Department of Planning reviews this against the WRA's off-street parking table in § 19.39.130 before approving the expanded seating.

Sources & Official References

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