Atlanta sidewalk dining permit and outdoor dining rules

Sidewalk tables in Atlanta come with a city permit, and outdoor dining on private land comes with a different one. Owners who treat the two as the same thing lose weeks. Here is how the two routes differ and what to ask the city. The city's outdoor dining rules change from time to time, so confirm every limit, fee and date with the Department of Transportation before you plan a patio.

Which permit do you need?

Decide first whether the proposed area is on a public right-of-way sidewalk or on adjacent private property, such as a parking lot. A public sidewalk needs a right-of-way dining permit from the City of Atlanta Department of Transportation. Private property starts with a zoning review, followed by a building review. Ask the city which provisions of its code govern each route. Photograph the frontage and measure it before the first call, because the first question is usually how wide the sidewalk is and what stands on it.

Who is eligible for a sidewalk permit?

The business generally must be a licensed eating and drinking establishment, and it must have a public sidewalk in front of it that leaves enough room for pedestrians to pass the outdoor cafe area. The city may require more clearance in some cases. A retail shop that wants to put out merchandise is not eligible, because the permit is for eating and drinking establishments. Ask the Department of Transportation for the current clearance requirement before you buy furniture.

What does the application need?

Expect to provide copies of your business licenses, a liability insurance certificate and a site plan. The full list is in the permit application. Ask the city for the current processing time, and build in time for a request for changes.

What does it cost?

Expect an annual permit fee that depends on the size of the outdoor dining area, and possibly an application fee as well. Fee waivers that applied in the past may have ended. Ask the Department of Transportation for today's fee schedule, and remember that permits are renewed annually.

What are the rules on the sidewalk?

The rules usually limit how much of your seating can sit outside, the hours the sidewalk can be used, where the tables may stand and what may be placed there. Operations are limited to the public sidewalk directly in front of the establishment named in the permit, even if the neighboring property is vacant. Live music and entertainment may not be allowed in the area. Furniture must stay clear of crosswalks, ramps, fire hydrants and fire connections, and the rules on barriers, planters, umbrellas and tents differ. Ask the city for the current list of these limits and put them on a card for your staff.

May you put tables along the curb?

Ask the city. Dining in the parking lane has not been provided for, and a street seating option may depend on the speed limit of the street and the clearance left for pedestrians. If you want seating in the street, ask whether a newer program exists.

What about alcohol?

If your establishment is already licensed to serve alcohol, ask the city's license office whether that license extends to the sidewalk dining area once a right-of-way permit is granted. It may not extend to private space that was not part of the original application. Check this before you serve a drink outside, and write the answer down with the date.

What about a patio on private property?

The first step is a zoning review. In districts the city calls Quality of Life zoning districts, a Special Administrative Permit is also required, and after zoning approval a building review follows. A new patio can add to the parking requirement because it increases the operating area. Tents on private property generally need zoning and building review. Ask the city early about fire and building code rules for any heater, string lights or awning, because these are the items that most often delay a patio that otherwise fits. Keep every approval letter in one folder, and bring the folder to the first day of service in case an inspector stops by. Review the folder each year when the permit comes up for renewal, so that a change in the rules reaches your staff before it reaches an inspector.

What should you do next?

Decide whether your space is public or private. Contact the Department of Transportation for the current application and fees. Measure your sidewalk and draw the plan with the five-foot clearance marked. Ask your insurer for the certificate. Write down every answer the city gives, with the date and the name of the person, and keep the notes with your application. Then read how Georgia registers and files sales tax, since extra seats mean extra sales to report.

More guides for your business:

• Georgia sales tax registration and monthly filing for restaurants
• Atlanta and Savannah alcohol rules for restaurants
• Georgia food truck permits: mobile food units and the base of operation

More in the US guides for food businesses.