San Jose, CA Special Events & Permits: Sidewalk Dining & Cafés (2026)

Until 2019, San Jose licensed sidewalk cafes under a standalone permit in Part 12 of Chapter 20.100. Ordinance 30321 repealed that entire part and replaced it with a one-line redirect: cafe seating and parklets in the public right-of-way are now processed as a Minor Encroachment Permit under Chapter 13.37, issued by the Director of Public Works rather than the planning department. An operator files a site plan, a description of the seating, proof of insurance, and secures any required consent from adjacent property owners; the permit is a revocable license the city can pull if it needs the sidewalk back. Operating without one is a misdemeanor and the encroachment can be removed at the owner's expense.