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Posted on: June 9, 2020

Apply for a Temporary Outdoor Seating Permit

Outdoor Seating Permit

In accordance with Delaware State of Emergency Modification #19 and City of Newark Emergency ordinance #20-03, food and drink establishments may apply for expanded outdoor seating. Interested applicants must follow these steps in order apply for such a permit:


  • Submit a standard building permit application and a site plan which clearly shows the proposed location of the outside seating area. The seating area must be enclosed with a barrier to define the extended premises.
  • The proposed plan will be reviewed by the Newark Police Department, the Planning, Public Works and Water Resources and Electric Departments and the Fire Marshal. Due to the urgent nature of these requests, plan reviews will be prioritized over other permit types. Note that any location which extends beyond the property line into a Delaware Department of Transportation (DelDOT) right of way will require DelDOT approval. Extended restaurant seating which serves alcohol will require approval from the Office of Alcoholic Beverage Control (ABC).
  • Upon approval, the City of Newark will issue a temporary permit for the extended outdoor seating. Once the permit approval is issued, the applicant must submit the approval to any other required agencies (DelDOT or ABC).
  • Once the applicant receives approval from the other agencies, they must submit that approval and schedule an inspection to verify the seating area is configured in accordance with the approved plan and any conditions required by the City or state agencies have been met. The inspection will be conducted within one business day.
  • If the applicant requires a temporary noise waiver, a separate application is required. The noise waiver application will be processed by the City Manager’s Office.
  • The targeted timeline is three working days for processing and approval. Any issues identified may result in conditions, required plan modifications or denial.
  • All permit fees will be waived with the exception of the minimum $25.00 plan review fee.


Potential applicants may contact the City of Newark Code Enforcement Office at 302.366.7000.

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