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

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

Key Facts

Licensing authority
Chief Fire Marshal
Max extension from wall
6 feet
Extra seating cap
20% or 4 seats, greater
Hours
7:00 a.m. to 11:00 p.m.
First-offense fine
up to $500
License term
Jan 1 to Dec 31

Summary

In the Town of Southampton outside the villages, a standard restaurant needs a license from the Chief Fire Marshal before putting tables on the public sidewalk. The dining area is capped at six feet out from the building and limited to 20% or four extra seats, whichever is greater, over indoor seating.

Upon obtaining a license to do so from the Chief Fire Marshal, a standard restaurant, as defined in Town Code § 330-5, may use the public sidewalk to provide outdoor sidewalk dining in accordance with the following provisions. ... The business must be located in a building which directly abuts a sidewalk which is no less than 10 feet in width measured from the exterior wall of the building in which the business is located to the inside edge of the curb. ... The sidewalk dining area shall be located directly in front of the building occupied by the licensed business, shall not extend more than six feet from the exterior wall of the building, unless otherwise approved by the Chief Fire Marshal. ... The number of outdoor dining seats within the sidewalk dining area shall not exceed 20% or four seats, whichever is greater, of the number of indoor dining seats, lawfully provided by the licensed business on the business premises. ... The permitted hours of operation of a sidewalk dining area shall be from 7:00 a.m. to 11:00 p.m. Tables and chairs must be removed from the sidewalk by 11:30 p.m. and may not be placed on the sidewalk prior to 7:00 a.m.

Full Breakdown

Town Code Chapter 250 lets a standard restaurant, as defined at § 330-5, use the public sidewalk for outdoor dining only after the Chief Fire Marshal issues a license. The building must directly abut a sidewalk at least 10 feet wide, measured from the exterior wall to the inside curb edge, and the dining area cannot extend more than six feet from the wall or beyond the width of the restaurant's own storefront without separate Fire Marshal approval. A six-foot unobstructed path must stay clear of trees, signs, bike racks and planters for pedestrians.

Outdoor seating is capped at 20% of indoor seats or four seats, whichever is greater, and indoor seating must be reduced to match. Licenses run January 1 to December 31, are non-transferable, and hours run 7:00 a.m. to 11:00 p.m., with tables and chairs off the sidewalk by 11:30 p.m. and not set out before 7:00 a.m. or during inclement weather. No fencing, railings or enclosures are allowed, only rope delineation; awnings or umbrellas may cover the area but no advertising beyond the business name, and outdoor music is barred.

The licensed business must carry liability insurance naming the Town as additional insured and indemnify the Town. Alcohol may be served with food but never alone. The Chief Fire Marshal, the Public Safety and Emergency Management Administrator, or the Chief of Police can rescind or suspend a license for noncompliance or a public-safety hazard, with appeal to the Public Safety Commission within 10 days.

Violations & Fines

Operating sidewalk dining without a license, or violating any license condition, is a misdemeanor under § 250-8 punishable by a fine up to $500 for a first offense and up to $1,000 for each later offense, with each day a separate violation. The Chief Fire Marshal can also deny, rescind or suspend the license outright for noncompliance.

Frequently Asked Questions

Who issues the sidewalk dining license in Southampton?
The Chief Fire Marshal issues, denies, rescinds or suspends outdoor sidewalk dining licenses under Town Code § 250-2, with appeals going to the Public Safety Commission within 10 days of a denial or rescission notice.
How many outdoor seats can a Southampton restaurant add?
The sidewalk dining area cannot hold more outdoor seats than 20% of the restaurant's lawful indoor seat count or four seats, whichever number is greater, and indoor seating must drop by the same amount while the outdoor seats are in use.
What are the hours for sidewalk dining in Southampton?
Sidewalk dining is permitted from 7:00 a.m. to 11:00 p.m. under § 250-2B(10); tables and chairs must be off the sidewalk by 11:30 p.m., not set out before 7:00 a.m., and removed entirely during inclement weather.

Sources & Official References

Other rules in Southampton

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