San Marcos, TX Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permit type
- Special use license
- Issued by
- City manager or designee
- Max term
- One year
- Insurance required
- $1,000,000 per occurrence
- Min sidewalk clearance
- 6 feet unobstructed
Summary
San Marcos requires a revocable special use license from the city manager before a restaurant can put tables and chairs on a public sidewalk.
The city manager or the city manager's designee may grant a special use license for use of public right-of-way in accordance with the requirements of this article for the following uses: ... (3) Sidewalk cafes; ... A special use license granted under this article is a revocable grant of a privilege and is not a property right, nor conveyance of an interest in real property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 41).
Full Breakdown
Under City Code Ch. 74, Art. 6, a restaurant that wants a sidewalk cafe, an open-air dining area on the sidewalk abutting its own facade, must get a special use license from the city manager or designee. The license is a revocable privilege, not a property right, runs no longer than one year, and requires $1,000,000 in liability insurance naming the city as an additional insured. Licensees must also keep at least six feet of unobstructed sidewalk for pedestrian passage and follow the city's streetscape improvements manual for design, anchoring, and maintenance standards.
Violations & Fines
Operating without a license, or after insurance lapses, voids the license automatically and the improvements must be removed at the licensee's expense; the city can also remove them and bill the licensee. Violating the smoking/alcohol restrictions applicable to sidewalk cafes can lead to license revocation.
Frequently Asked Questions
Who approves a San Marcos sidewalk cafe license?
How long does the license last?
Sources & Official References
Other rules in San Marcos
Texas rules heatmap·Compare San Marcos to another location·View the Texas special events & permits overview
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