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

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

Key Facts

Licensing office
Village Code Enforcement
Fees
$500 application plus $5 per square foot set-up
License term
April 1 (or issuance date) to December 31
Seat cap
20% of indoor dining seats
Hours
7:00 a.m. to 12:00 midnight
Pedestrian clearance
At least six feet unobstructed
Insurance
At least $1,000,000 public liability, Village as additional insured

Summary

A business in the Village of Southampton must hold a license from Village Code Enforcement before putting tables and chairs on the Village sidewalk. The license costs a $500 application fee plus $5 per square foot of set-up, runs from April 1 to December 31, and caps outdoor seats at 20% of indoor seats.

Upon obtaining a license to do so from Village Code Enforcement, a business may use the Village sidewalk to provide outdoor sidewalk dining in accordance with the following rules and regulations. ... The number of outdoor dining seats within the sidewalk dining area shall not exceed 20% of the number of indoor dining seats lawfully provided by the licensed business on the business premises. ... The application fee for a license shall be $500. In addition, there shall be a set-up fee calculated by square footage of area being utilized. Length times width equals square footage. The set-up fee shall be $5 per square foot. ... The term of a license shall be for a period commencing on April 1 (or on its date of issuance if issued after such date) and ending on December 31.

Full Breakdown

Chapter A122 of the Village of Southampton Code, adopted by the Board of Trustees on June 21, 2005 and amended by Local Law No. 5-2026 on April 21, 2026, lets a business use the Village sidewalk for outdoor dining only after it obtains a license from Village Code Enforcement (§ A122-1). To qualify under § A122-2, the business must lawfully serve food for consumption at indoor dining seats and hold a valid Certificate of Occupancy, and it must sit in a building adjacent to or in close proximity to a Village sidewalk. A retail store or shop whose primary activity is selling food for off-premises consumption can qualify if it lawfully serves food at indoor dining seats as an accessory use.

The application (§ A122-3) includes a plan showing the layout, with the number and location of tables and chairs, the number of indoor dining seats, the application fee, a certificate of insurance and a signed and acknowledged indemnification. Under § A122-17 the application fee is $500, plus a set-up fee of $5 per square foot of area used, calculated as length times width. The license term runs from April 1, or the issuance date if later, to December 31. It is personal to the business and cannot be transferred or assigned, and the license and seating plan must be displayed prominently on the premises.

The layout rules are specific. The dining area sits in front of the licensed business, no more than six feet from the front of the building unless the Village Building Inspector approves, and within the building's width (§ A122-4). Section A122-5 requires an unobstructed sidewalk width of at least six feet, and at least three feet alongside the curb wherever on-street parking is present. The area stays open to the sky except for a retractable awning, cannot be fenced or railed (velvet ropes are allowed), and outdoor seats cannot exceed 20% of indoor seats, with indoor seats reduced correspondingly (§ A122-8). Hours are 7:00 a.m. to 12:00 midnight (§ A122-9), and § A122-16 requires public liability insurance of at least $1,000,000 naming the Village as an additional insured.

Violations & Fines

Violations put the license at risk rather than carrying a listed fine. The Village Building Inspector can suspend a license for violating the rules, and the suspension takes effect immediately and stays until the Board of Trustees terminates it. The business can appeal to the Board of Trustees, which can end the suspension at once, end it on a specified date or revoke the license (§ A122-19). The Board of Trustees can also revoke a license at any time, with or without cause, by resolution (§ A122-20).

Frequently Asked Questions

Who issues a sidewalk dining license in the Village of Southampton?
Village Code Enforcement issues it under § A122-1. The business submits a plan of the dining area, information showing it is eligible, the application fee, a certificate of insurance and a signed and acknowledged indemnification (§ A122-3). The Village Building Inspector can suspend a license, and the Board of Trustees decides appeals and can revoke a license.
How many outdoor seats can a restaurant have on the sidewalk?
Section A122-8 caps outdoor dining seats at 20% of the indoor dining seats the licensed business lawfully provides on its premises. While outdoor seats are provided, the number of indoor seats the business uses must be correspondingly reduced. The area can hold only movable tables and chairs, and it cannot be enclosed with fencing or railing.
What does the license cost and how long does it last?
The application fee is $500, plus a set-up fee of $5 per square foot of area being utilized, calculated as length times width (§ A122-17). The term starts April 1, or the date of issuance if issued after that, and ends December 31. The license is personal to the licensed business and cannot be transferred or assigned.
Can the Village take the license away?
Yes. The Village Building Inspector can suspend a license for violating the rules, effective immediately, and the business can appeal to the Board of Trustees (§ A122-19). Under § A122-20 the Board of Trustees can revoke a license at any time and for any reason, with or without cause, by resolution.

Sources & Official References

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