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Merced, CA 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
Merced Municipal Code § 12.36.020
Annual fee
$150 public-property-use fee per permit
Insurance required
$500,000 property damage and $500,000 injury coverage
Pedestrian clearance
5-foot clear path must stay open at all times
Permit term
Expires December 31 every year, revocable anytime

Summary

Merced restaurants that want tables, chairs, racks or other equipment on a public sidewalk or in a park must first obtain a restaurant encroachment permit from the city manager under Municipal Code Section 12.36.020. The permit is not discretionary: it issues once the restaurant meets Chapter 12.36's location, insurance, and fee requirements without undue interference to the public.

It is unlawful for any restaurant owner or operator to construct, erect, place, keep or maintain any sign, showcase, rack, frame, table, chair or other device for the storage, display or sale of any food or merchandise of any kind, or to construct any structure or obstruction of any type along, under, over or above any public sidewalk or park without first obtaining an encroachment permit from the city manager or his designee. Notwithstanding Section 12.08.020, encroachment permits shall be issued if all the requirements of this chapter are met and the city manager or his designee finds that the granting of such encroachment permit will not unduly interfere with the rights of the public or significantly contribute to any traffic or other safety hazards.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 85 - 1-26).

Full Breakdown

36 process. 030 requires the application to list the owner's name, address, social security number and driver's license number, plus a description of the tables, chairs and equipment and their proposed location. 060 sets an annual public-property-use fee of $150 per permit. 070 confines the dining area to the space directly in front of the restaurant's own building frontage, requires a minimum five-foot clear path for pedestrians at all times, caps the depth at ten feet from the property line, forbids spanning more than one building frontage, and keeps the area at least ten feet from any driveway or alley approach. 090 bars permanent structures and signs there and requires tables, chairs and equipment to come off the sidewalk during non-business hours. 020(B).

Violations & Fines

Violating any provision of Chapter 12.36, or any federal, state, county or local health regulation, is grounds for revocation of the encroachment permit under Section 12.36.120, and conduct that threatens public health and safety can trigger immediate revocation. The city manager must give five days' notice before a revocation hearing and mail a decision within five days after it. A permittee can appeal an issuance, denial or revocation to the city council within ten days under Section 12.36.130, and the council's decision is final.

Frequently Asked Questions

Do Merced restaurants need a permit for sidewalk seating?
Yes. Section 12.36.020 requires an encroachment permit from the city manager before a restaurant can place tables, chairs or display equipment on a public sidewalk or in a park, and the zoning code's Section 20.50.040 confirms sidewalk dining runs through this same restaurant encroachment permit process rather than a separate zoning approval.
How much does a sidewalk dining permit cost in Merced?
Section 12.36.060 sets an annual public-property-use fee of $150 for each restaurant encroachment permit, on top of the $500,000 in property-damage and personal-injury insurance coverage that Section 12.36.040 requires the permittee to carry naming the city as an additional insured.
How much sidewalk space can a Merced restaurant use for outdoor dining?
Section 12.36.070 limits the dining area to the restaurant's own building frontage, caps its depth at ten feet from the property line, keeps it at least ten feet from any driveway or alley, and requires a five-foot pedestrian path to stay clear on the sidewalk at all times.

Sources & Official References

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