New Orleans sidewalk cafe permit rules: seating, hours and fees

A few tables on the sidewalk can change a small restaurant's summer. In New Orleans they also need a permit, and the permit has rules about money, hours, walkway width and sound that surprise owners who assumed a table is a table. The city's Department of Safety and Permits is the authority, and fees and rules can change. Outdoor seating built in a parking lane, called a parklet, has a separate permit.

What does the Sidewalk Use Permit cover?

The city describes the permit as covering the use of part of the public sidewalk for private purposes. It is required for sidewalk cafes, A-frame signs and merchandise displays outside retail stores, and electric vehicle chargers. A restaurant that wants tables and chairs on the public sidewalk in front of its door applies for it. Seating on your own private patio is a different matter and is handled through zoning and building rules, not this permit.

What does a sidewalk cafe cost?

The city lists a $50 application fee. The cafe fee is charged by the table. In the central area the city defines, it is $350 per table of up to four seats, or $100 per seat for larger tables. In all other areas it is $200 per table of up to four seats, or $75 per seat for larger tables. The permit is valid for one year from issuance, and renewal fees match the initial fee. A restaurant with six four-top tables in the central area should plan for $2,100 in table fees plus the application fee, using the city's current figures, and should confirm the arithmetic with the city.

When may you serve?

Cafe seating cannot begin before 8:00 a.m. and must end by 10:00 p.m. In the riverside and Canal Street area the city names, the cutoff is midnight. That means a late bar crowd must come inside at the cutoff, so tell your closing staff the time and put it on your signage. Check the hours on your alcohol permit too, since the sidewalk hours are an additional limit.

How wide must the walkway be?

The city sets clear walking space. Sidewalks 8 to 10 feet wide must keep at least 4 feet clear, and sidewalks wider than 10 feet must keep at least 6 feet clear. The city may require more in crowded areas. Elements must be at least 18 inches from the roadway edge unless Public Works approves otherwise, and 10 feet clear of fire hydrants, fire sprinkler and standpipe connections, transit poles and taxi stands. Use must stay directly in front of the business it serves, and use is not allowed in intersection corner areas. Measure your actual sidewalk, with a tape, before you design the layout.

What sound is allowed?

None that is amplified. The city does not permit live entertainment, speakers or other amplified sound within sidewalk cafes. A dinner with a singer on the sidewalk would need a different arrangement. Ask the city how it treats background music from inside the restaurant that can be heard on the sidewalk, since the rule speaks of sound within the cafe.

What insurance does the city require?

Commercial general liability coverage of at least $500,000 per occurrence and $1,000,000 aggregate, covering bodily injury, personal injury and property damage, with the City of New Orleans named as an additional insured. The policy must give the Department of Safety and Permits 30 days' written notice before cancellation, non-renewal or changes. Ask your insurance agent for a certificate that names the city in the exact form it requires.

How do you apply?

Apply through the city's One Stop App. Upload a site plan, which is a digital drawing at least 8.5 by 11 inches with exact sidewalk dimensions and existing fixtures, photos of the proposed location, images of the furniture or fixtures, copies of your business licenses, including the occupational license and, if you serve alcohol, the alcoholic beverage outlet permit, and proof of insurance. The city says a sidewalk cafe at a non-conforming bar in a residential district is not permitted, so check zoning first if your building sits in a residential area.

How do you plan the layout and the staff routine?

Draw the layout twice, once on paper and once on the sidewalk with tape. Put the host stand and the service path where servers can reach every table without crossing the clear walkway, and keep waiting lines out of the pedestrian space, since the city requires that building entrances and exits stay unobstructed. Choose furniture that is not fastened to the sidewalk, because the city's rules do not allow bolting or securing furniture to the public way. Add a daily opening and closing routine: set the tables at open, bring them in at the cutoff and sweep the area so the sidewalk is left clean.

What should you do next?

Measure the sidewalk, sketch the layout with the clear walkway marked and price the table fees. Ask your insurer for the certificate. Gather your business licenses and photos, and apply before the season when you want to open the tables, because review takes time. Then read how the food truck permit works if you also plan to serve outside the restaurant.

More guides for your business:

• New Orleans food truck permit rules
• Louisiana alcohol permits: Class A restaurant and server permits
• Louisiana food safety certificate for restaurants

More in the US guides for food businesses.