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North Hempstead, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Pedestrian clearance
60 inches minimum
Insurance required
$2,000,000 per occurrence
Weeknight cutoff
10:00 p.m. Sun-Thu
Weekend cutoff
11:00 p.m. Fri-Sat
Permitting agency
Building Commissioner

Summary

Restaurants in North Hempstead cannot set up sidewalk seating without first filing with the Building Commissioner and obtaining a temporary expanded seating capacity permit, which requires a 60-inch clear pedestrian path on the sidewalk.

No restaurant or food service establishment shall temporarily expand seating capacity under § 70-103.1 of the Town Code without first filing with the Building Commissioner an application for such temporary expanded seating capacity and obtaining a permit. ...The applicant shall provide for a pedestrian access area on the public sidewalk, measured from the inside of the curb where it meets the sidewalk, of at least 60 inches' clearance; tables and chairs and other objects, such as menu signs, shall be kept out of the pedestrian access area. Clearance for the pedestrian access area must be around obstacles such as signs, benches, garbage cans, accessibility ramps, driveway access and other impediments.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

1, adopted in 2020 as a COVID-19 outdoor accommodation and renewed by the Town Board in subsequent years, lets restaurants and food service establishments expand seating by up to 50% of their previously approved indoor floor area without adding parking, but only after filing an application with the Building Commissioner and obtaining a permit. Subsection J specifically governs outdoor sidewalk seating: the applicant must leave a pedestrian access area measured from the inside of the curb of at least 60 inches, keeping tables, chairs, and menu signs out of that path, and must route around fixed obstacles like benches, garbage cans, accessibility ramps, and driveway aprons.

Employees may briefly enter the access area while serving but cannot leave equipment like tray stands there, and must yield to pedestrians at all times. Applicants need a $2,000,000 certificate of insurance naming the Town as an additional insured, and sidewalk service can extend to the frontage of up to two adjoining businesses with written landlord permission. m. m. Friday and Saturday, with tables and chairs cleared 30 minutes later. Smoking and vaping are barred in the seating area, and no sound amplification or live entertainment is allowed.

As written, permits issued under this section terminate December 31, 2024, a sunset date the Town Board has extended by local law each year since the program began.

Violations & Fines

Operating sidewalk seating without a Building Commissioner permit, or violating the 60-inch clearance, curfew, or insurance conditions, lets a Town Building Inspector or Code Enforcement Officer suspend the permit immediately for safety threats, disorderly conduct, noise, or other Town code violations, with reinstatement only after the violations are remedied and an appeal available to the Town Board.

Frequently Asked Questions

How much sidewalk clearance does North Hempstead require for cafe seating?
Section 70-103.1J(2) requires at least 60 inches of clear pedestrian access measured from the inside of the curb, kept free of tables, chairs, and menu signs, with obstacles like benches and driveway aprons routed around.
What time must sidewalk seating close in North Hempstead?
Section 70-103.1I(11) sets service cutoffs of 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday, with tables, chairs, and menu signs removed 30 minutes after the cutoff.
Can a permit be revoked once sidewalk seating is operating?
Yes. A Building Inspector or Code Enforcement Officer may suspend a temporary expanded seating permit for safety threats, noise, or code violations, and the business can appeal a suspension to the Town Board for an evidentiary hearing.

Sources & Official References

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