Tonawanda, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permit issuer
- Code Enforcement Officer
- Renewal
- Annual, expires Dec. 31
- Prerequisite
- Site plan approval required first
- Alcohol service
- Written NYSLA approval required
- Transferability
- Not assignable or transferable
Summary
Restaurants and bars in the Town of Tonawanda need an annual outdoor dining permit from the Code Enforcement Officer before setting up patio or sidewalk seating. Permits expire every December 31, and any establishment serving alcohol outdoors must first get written approval from the New York State Liquor Authority.
§ 215-24.16. Outdoor assembly, seating, sales, display, and storage areas. ... ... D. Outdoor dining permit. (1) Any person, firm, partnership, corporation or any other entity in the food service or related industry desiring to provide patrons with outdoor facilities for dining or similar activity shall annually make application for an outdoor dining permit to the Code Enforcement Officer. (2) Prior to issuance of a permit, the applicant shall obtain site plan approval. (3) Permit expiration. (a) All outdoor dining permits expire on the 31st day of December of each year. ... (c) Any outdoor dining permit which has not been suspended or revoked may, upon filing of an application for renewal and payment of a fee prescribed by this section, be renewed for an additional period of one year from its expiration. (d) No outdoor dining permit shall be assignable or transferable. (4) Bar and/or restaurant facilities licensed by the New York State Liquor Authority (NYSLA) to sell alcohol on the premises shall provide written approval from the NYSLA to establish such outdoor dining prior to permit issuance.
Full Breakdown
Section 215-24.16.D governs outdoor dining as part of the Zoning Law's broader outdoor assembly, seating and sales standards. Any restaurant, bar or other food service business that wants to serve patrons outdoors must apply annually to the Code Enforcement Officer for an outdoor dining permit, and the applicant must first secure site plan approval before the permit can issue. Every outdoor dining permit expires on December 31 of the year it is issued, must be posted in a conspicuous location on the premises, and cannot be assigned or transferred to a new operator.
An establishment that has not had its permit suspended or revoked can renew for another year by filing a renewal application and paying the prescribed fee. Because outdoor dining areas fall under § 215-24.16's general standards too, the seating cannot block windows, entrances, exits, sidewalks or fire lanes, cannot exceed 30% of the primary use's gross floor area, and must be cleared of trash at all times; furniture must be removed, enclosed or secured outside business hours. Any bar or restaurant that wants to serve alcohol outdoors has an extra step: it must obtain written approval from the New York State Liquor Authority before the Town will issue the outdoor dining permit, on top of whatever liquor license NYSLA already requires for indoor service.
Violations & Fines
Operating outdoor dining without a current permit, without the required NYSLA approval for outdoor alcohol service, or transferring a permit to a new operator, violates § 215-24.16.D. Chapter 215's general penalty in § 215-12.2 applies: a fine of up to $250, up to 15 days imprisonment, or both, with each day of continued violation a separate offense.
Frequently Asked Questions
Does a Tonawanda restaurant need a permit for outdoor seating?
When does a Tonawanda outdoor dining permit expire?
Can a bar serve alcohol on an outdoor patio in Tonawanda?
Sources & Official References
Other rules in Tonawanda
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