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New Bedford, MA Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Permitting agency
Department of inspectional services
Department sign-off deadline
45 business days
Final determination deadline
60 business days
Minimum sidewalk clearance
4 feet unimpeded
License term
Annual, expires Dec. 31
Fine per violation/day
Up to $50
Eligibility
Common victualer license holders only

Summary

A New Bedford restaurant needs an outdoor cafe permit from the department of inspectional services before placing tables and chairs on the public right-of-way, and the license is limited to holders of a common victualer license. Alcohol service adds licensing board and ABCC review.

No person shall construct, maintain, use or operate an outdoor cafe without first obtaining a permit as provided in this section. The outdoor café permit application consists of submitting a completed application form, payment of the annual licensing fee, proof of insurance and any and all information contained in the application. The commissioner of inspectional services will review the application for completeness and compliance within this article. If the application is complete to the satisfaction of the department of inspectional services, the commissioner will then secure administrative approval from the department of public infrastructure, department of planning, housing and community development, health department, police department and fire department (hereinafter referred to as "interested city departments"), within forty-five (45) business days of the submittal of the completed application and will issue a determination within sixty (60) business days of the submittal of the completed application.

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 19).

Full Breakdown

Sec. 15-100 gives the department of inspectional services jurisdiction over outdoor cafes on city right-of-way, while the New Bedford Licensing Board and the Massachusetts ABCC regulate cafes that serve alcohol. No one may construct, maintain, use or operate an outdoor cafe without a permit: the applicant submits a completed application, the annual fee, proof of insurance, and required information, and the commissioner reviews it for completeness. If complete, the commissioner secures administrative sign-off from public infrastructure, planning/housing/community development, health, police and fire within 45 business days and issues a determination within 60 business days of the completed submittal.

Only a holder of a common victualer license qualifies, and the cafe must be temporary, contiguous to the licensed restaurant, and removable on the city's demand even mid-term. At least four feet of unimpeded sidewalk passageway must remain (more if the city requires it for pedestrian traffic at certain times), and cafes in a Historic District need a certificate of appropriateness from the Historical Commission first. Alcohol service requires separate licensing board and ABCC approval plus a physical enclosure separating the seating from the walkway; smoking is barred in the cafe area, and all outdoor activity must end by close of business or midnight, whichever is earlier. The license runs annually, expiring December 31, and requires commercial general liability insurance naming the city as additional insured.

Violations & Fines

The department of inspectional services enforces Sec. 15-100. A violator first receives a written warning with seven days to cure. If uncured, the department may pursue a civil injunction, criminal enforcement of up to $50 per violation per day, or non-criminal citations up to $50 per violation per day under M.G.L.A. c. 40, § 21D and c. 40U, and may suspend or revoke the license on a second or later infraction.

Frequently Asked Questions

Who issues New Bedford's outdoor cafe permit?
The department of inspectional services issues the permit under Sec. 15-100(a), after securing administrative approval from public infrastructure, planning, health, police and fire, but only a business already holding a common victualer license is eligible to apply.
How much sidewalk space must an outdoor cafe leave open?
Sec. 15-100(f)(2)b requires at least four feet of free, unimpeded pedestrian passageway on the sidewalk, and the city can require more space during certain hours or days to accommodate heavier foot traffic.
What happens if a New Bedford outdoor cafe violates its permit?
The operator first gets a written warning with seven days to fix the problem. If it isn't cured, the department can pursue an injunction or fines up to $50 per violation per day, and the license can be suspended or revoked after a second infraction, per Sec. 15-100(g).

Sources & Official References

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