If you set up tables, chairs, or a barrier in a public right-of-way without first obtaining this permit, the City of Memphis can cite you for a violation of Chapter 48 of the City Code and require immediate removal, halting your outdoor service. This is the City of Memphis Outdoor Dining Permit (if applicable), officially administered by the Planning and Development Department, and is often referred to as a sidewalk café permit. Key facts:
Analyzed from City of Memphis Outdoor Dining Permit (if applicable)
83% from one compliance interview
Manual entry or document upload required
You need a City of Memphis Outdoor Dining Permit because local zoning law specifically regulates how businesses use public sidewalks and rights-of-way. This permit falls under the authority of the Memphis Planning & Development Department, acting on local zoning bylaws, subdivision regulations, and sign ordinances. While there is no single state-wide statute, the City of Memphis Code governs land use and streetscape management, requiring official review and approval for any permanent or seasonal encroachment into public space. Operating outdoor seating without this permit is a violation of your site's approved use, which can trigger immediate enforcement.
If you serve customers on a sidewalk or patio without the proper permit, you face practical and financial consequences that can halt your business. Based on common enforcement actions in Memphis, the primary penalties include:
Legal code: Local zoning bylaws/ordinances, subdivision regulations, sign bylaws
Recent update: As of 2026, the City of Memphis has integrated its outdoor dining review more closely with the fire code inspection process, which can affect the timeline for final approval.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if placing tables, chairs, or serving food/beverages on any public right-of-way (sidewalk) or private property not enclosed by permanent walls. |
| Bar / Nightclub | Required | Required for any outdoor alcohol service area, as regulated by the Memphis Beer Permit Board and local zoning for outdoor occupancy. |
| Food Truck | Not Required | Exempt; food trucks operate under a separate Mobile Food Unit Permit and are typically not approved for permanent outdoor dining fixtures on a specific site. |
| Coffee Shop / Café | Required | Required if using sidewalk space for seating, as per Memphis Code of Ordinances § 17.04 for use of public right-of-way. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the official, registered name of your business entity exactly as it appears on your Articles of Incorporation, Articles of Organization, or City of Memphis Business License.
COMMON MISTAKE: Using a 'Doing Business As' (DBA) name instead of the registered legal name, or misspelling the name, can cause rejection as it creates a discrepancy with city licensing records.
Provide the unique license number issued by the City of Memphis Revenue Division for your business's occupational or privilege license; this is a mandatory pre-requisite for the outdoor dining permit.
COMMON MISTAKE: Leaving this blank, entering a state business registration number (e.g., from the Tennessee Secretary of State), or entering an expired license number will trigger an immediate rejection.
Enter your 9-digit Federal Employer Identification Number (EIN) assigned by the IRS, formatted as XX-XXXXXXX; sole proprietors with no employees may use their Social Security Number (SSN).
COMMON MISTAKE: Omitting hyphens in the format (e.g., '123456789' instead of '12-3456789') or entering an EIN that does not match the legal business name on file with the IRS.
Provide the full legal name of the primary business owner, partner, or managing member authorized to sign this permit application.
COMMON MISTAKE: Entering a business manager's name when the legal owner is different, causing a signature authority mismatch.
State your official title or role in the business, such as 'Owner', 'President', 'Managing Member', or 'Partner'.
COMMON MISTAKE: Entering informal titles like 'Boss' or leaving the field blank; use standard business titles for clarity.
Enter a direct, active phone number where you can be reached for questions regarding this application; include area code.
COMMON MISTAKE: Providing a disconnected or non-functional number, which delays review and may lead to administrative closure of the application.
Provide a valid, monitored email address for official correspondence and permit status updates from the Memphis Planning & Development office.
COMMON MISTAKE: Using an old or rarely-checked email, resulting in missed deadline notifications and requests for additional information.
Enter the complete street address of the restaurant property where the outdoor dining area will be located, matching the address on your business license and lease.
COMMON MISTAKE: Entering a mailing address (like a P.O. Box) instead of the physical property address, or providing an incorrect suite or unit number.
Provide the full legal name of the property owner or landlord; if the property is owned by an LLC or corporation, use the entity's official name.
COMMON MISTAKE: Leaving this blank if you are the business owner but not the property owner; the city requires the property owner's information for zoning and right-of-use verification.
Enter a current phone number for the property owner or their authorized agent to facilitate city verification.
COMMON MISTAKE: Providing an incorrect or outdated number for the property owner, which can stall the application while the city attempts to confirm permission.
ApronPrep auto-fills 35 of 42 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Applicants submit the form without the mandatory AutoCAD/PDF site plan showing seating layout, clear pathways, and barrier details, and a Certificate of Insurance naming the City of Memphis as an additional insured. This omission triggers an immediate administrative review stop, requiring a new submission cycle. To avoid this, have your architect or designer prepare the plan to scale and contact your insurance broker for the specific COI endorsement before you start the application. This mistake typically adds 10–14 business days to your timeline.
Entries often don't match the number of seats shown on the submitted site plan, or they combine indoor and outdoor counts. Inspectors cross-reference this number against your plan during review; a discrepancy causes a rejection for 'inconsistent application data.' Count only the permanent outdoor seats (chairs at tables, bar stools on a patio) depicted on your plan. For example, if your plan shows 12 tables with 4 chairs each, enter '48,' not an estimate like 'about 50.' This error can delay approval by 1–2 weeks.
Selecting 'Sidewalk Cafe' when the setup is actually a 'Parklet' or 'Private Patio' leads to review by the wrong division within the Office of Planning and Development, causing misdirected and failed inspections. The City’s zoning ordinance defines each type by its location and ownership. If your seating is in a designated on-street parking space, it's a Parklet; if it's on your privately owned land adjacent to the building, it's a Private Patio. Choosing the wrong classification adds a 5–10 business day correction cycle.
ApronPrep auto-fills 35 of 42 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Memphis | Contact City of Memphis Planning and Development Department for current application fee | 15-30 business days from complete application submission to permit approval |
Contact City of Memphis Planning and Development Department for current application fee
Gather a copy of your property deed or a notarized letter of authorization from the building owner granting permission for outdoor dining use on their property. The city's Planning and Development Department requires this to prove you have legal rights to alter the space. Skipping this step causes immediate rejection and adds 1-2 weeks to your timeline.
Ensure your Memphis Business Tax License (also called a Privilege License) is active and paid for the current year. You can verify this online via the City of Memphis Revenue Office portal or request a current status letter. An expired license will halt your outdoor dining review until it's renewed.
If serving food, you must have a valid Food Service Establishment Permit from the Shelby County Health Department. For alcohol-only service, you typically need a separate permit from the Tennessee Alcoholic Beverage Commission. Applications without the correct, current health permit are rejected.
Applications are handled by your local city of memphis planning and development department in each city. Select your city below for authority details, fees, and processing timeline.
This is one of 13 requirements for opening a restaurant in Tennessee.
federal
local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe processing timeline varies significantly based on plan complexity, city workload, and required parallel approvals. Typically, plan review takes 4–6 weeks, but this does not include the time needed to obtain a prerequisite Building Permit or public space approvals. Contact the Memphis & Shelby County Division of Planning and Development to confirm current review times for your specific project.
There are no government filing fees for the permit application itself from the City of Memphis. However, you are responsible for significant costs related to required construction plans, certified surveys, and the separate Building Permit fees for any permanent structures. Verify all associated costs with the Division of Planning and Development before starting work. Not legal advice.
No. Outdoor dining permits are site-specific and tied to your approved premises layout and Certificate of Occupancy. If you move locations, you must submit a complete new application, including all site plans and approvals for the new address, as the setup must be re-evaluated against that property's zoning and infrastructure.
The permit is typically valid as long as your restaurant operates at that location without major modifications to the outdoor area. A renewal may be triggered if you change your business license or if the city updates its codes. It’s crucial to maintain your underlying City Business License/Registration, as the outdoor permit depends on it.
A city inspector verifies that the built installation matches your approved site plans. They check for proper barrier stability, ADA access routes, clear pedestrian pathways, and compliance with all life safety and zoning codes noted in your approval. Failing inspection requires corrections and a re-inspection, which adds weeks to your opening timeline.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For Tennessee specifically, we have analyzed compliance dossiers for 1 city (Memphis), generating Rich FILs (Form Intelligence Layers) with 42 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
ApronPrep discovers every permit your city requires — including the ones generic checklists miss. Pick your city for the complete package.