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Tempe, AZ Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Governing section
ZDC § 3-425
First step
Minor Development Plan Review, § 6-306
Right-of-way seating
Needs encroachment + ROW permit
Minimum clear sidewalk
6 feet at every point
Alcohol service
Liquor license + security plan required

Summary

Restaurants and bars in Tempe can't just set tables on the sidewalk: outdoor seating first needs a minor Development Plan Review, and any seating placed in the public right-of-way needs a separate encroachment permit and right-of-way permit from the City Engineer. Section 3-425 sets the process and physical standards.

B.Procedure. All outdoor seating shall first require review through a minor Development Plan Review application, pursuant to Section 6-306. Furniture, materials, and other related exterior modifications are included in the review process.1.Use of outdoor seating within the public right of way shall require an encroachment permit and a right of way permit for construction performed, authorized by the City Engineer or designee... C.Standards. ...3.Shall not obstruct sidewalk pedestrian traffic or create public health and safety hazards and shall leave a minimum clear distance of six (6) feet of sidewalk pedestrian area in all places. All walkways within the confines of the seating shall be level with the public sidewalk and accessible for the physically disabled.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

' Subsection B, Procedure, requires every outdoor seating proposal to go through a minor Development Plan Review under Section 6-306 first, covering the furniture, materials and other exterior changes involved. If any part of that seating sits within the public right-of-way, meaning the sidewalk itself rather than private property, the business also needs an encroachment permit and a right-of-way permit for any construction, both authorized by the City Engineer or a designee. A business that wants to serve alcohol in the outdoor area needs a liquor license plus a security plan under Tempe City Code Chapter 4, Alcoholic Beverages, and Chapter 26, Article V, Security Plans, and any liquor consumption approved outdoors must also comply with all applicable Arizona Revised Statutes on liquor licensing and designated non-smoking areas.

Subsection C sets the physical standards once approved: any signage in the seating area or right-of-way must meet Part 4, Chapter 9's sign rules; the seating area must be clearly and continuously divided from the public portion of the sidewalk; and the layout cannot obstruct pedestrian traffic, must leave at least six feet of clear sidewalk pedestrian area at every point, and must keep walkways within the seating level with the public sidewalk and accessible to people with disabilities.

Violations & Fines

Placing tables, chairs or barriers in the right-of-way without the required Development Plan Review, encroachment permit and right-of-way permit is a violation of Section 3-425 and, more broadly, Section 1-201 of the Code. The City can pursue a civil sanction of $100 to $1,000 per day the unpermitted seating remains under Section 1-201(D), or refer the matter as a class 1 misdemeanor, punishable by up to $2,500 in fines in Tempe Municipal Court.

Frequently Asked Questions

Does a Tempe restaurant need a permit for sidewalk tables?
Yes. Section 3-425(B) requires a minor Development Plan Review for any outdoor seating, and if the tables sit in the public right-of-way, an additional encroachment permit and right-of-way permit from the City Engineer.
How much sidewalk has to stay clear for pedestrians?
Section 3-425(C)(3) requires at least six feet of clear, level, and accessible sidewalk pedestrian area at every point along the outdoor seating.
Can a restaurant serve alcohol at sidewalk tables?
Only with a liquor license and an approved security plan under Tempe City Code Chapter 4 and Chapter 26, Article V, and the setup must comply with all Arizona liquor-licensing and non-smoking-area statutes, per Section 3-425(B)(2)-(3).
Are there sign rules for outdoor seating areas?
Yes. Section 3-425(C)(1) requires any advertising or signs in the seating area or right-of-way to comply with the sign standards in Part 4, Chapter 9 of the Zoning and Development Code.

Sources & Official References

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