Planning & Development Services
Development Center
1136 Washington Street, 1
st
Floor
Columbia, SC 29201
Office: 803-545-3483
www.columbiasc.gov/planning-development
Outdoor Dining Encroachments Policy
The City of Columbia supports and encourages the public use and enjoyment of
sidewalks, tree zones, and other right-of-way areas for outdoor dining in all
entertainment districts; however, use of sidewalks and other public areas must be ADA
compliant, safe for pedestrian and vehicular traffic, and meet established design
guidelines.
Rules and Regulations
Locations
Sidewalk dining encroachments are allowed on any portion of the sidewalk adjacent to a
legally licensed eating and drinking establishment. The encroachment area may not
extend beyond the frontage of the eating and drinking establishment without the written
consent of the adjoining property owner.
Use
Sidewalk dining encroachments shall be used for serving food and drinks to the patrons
of the eating or drinking establishment granted the outdoor dining encroachment.
Clearance
A minimum of a 5 feet clear path shall be provided between the dining encroachment
area (tables, chairs, umbrellas, planters, etc.) and street amenities such as telephone
poles, light poles, parking meters, transformers, street trees, etc. and must provide
adequate area for ADA compliance.
Encroachment Areas
Encroachment areas shall be clearly defined and delineated with removable planters,
stanchions, bollards or any other removable barrier to mark the limits of the dining
encroachment.
Furniture
Tables, chairs, and planters should be made for outdoor use and designed to withstand
the elements and should be and weighted to withstand strong winds.
Number of Tables and Chairs
The number of tables and chairs for outdoor dining will be included in the count for the
maximum number of occupants allowed established by the City of Columbia Fire
Department. This maximum number of occupants allowed shall not be exceeded with
outdoor dining.
Storage and Maintenance
Tables and chairs should be stored inside the eating and drinking establishment or
secured with a locking device whenever the business is closed.
Business owner or outdoor dining operator shall maintain the outdoor dining space
clean.
Liability Insurance
Proof of general liability insurance in the name of the eating and drinking establishment
and naming the City of Columbia as an additional insured in the amount of not less than
$600,000 per occurrence shall be provided with the application for an Outdoor Dining
Encroachment.
Signage
No off-premise signage may be included in the encroachment area with the exception
that Non-moveable signage shall be placed on all tables within the designated outdoor
dining encroachment area which identifies the tables as belonging to the business and
umbrellas may contain the name of the eating and drinking place.
Application
An application for an outdoor dining encroachment shall include the following
information.
1. The name, address, and telephone number of the restaurant desiring to operate
sidewalk dining.
2. The name, address, telephone number, and email address of the restaurant
operator.
3. The type of food and beverage, or food product, to be sold and served for the
sidewalk dining.
4. The hours of operation of the restaurant and the proposed hours of operation of
sidewalk dining.
5. A scaled drawing or site plan showing the following:
a. The section of sidewalk or right-of-way to be used for the dining.
b. The section to be kept clear for pedestrian use.
c. The existing curbline and right-of-way line.
d. The proposed placement of the tables, chairs and other furnishings on the
sidewalk.
6. Evidence of adequate insurance, as determined by the city, to hold the city
harmless from claims arising out of the operation of the sidewalk dining.
7. An indemnity statement whereby the restaurant operator agrees to indemnify and
hold harmless the city and its officers, agents, and employees from any claim
arising from the operation of the sidewalk dining.
8. A copy of all permits and licenses issued by the state, county or city, including
health and ABC permits, if any, necessary for the operation of the restaurant or
business, or a copy of the application for the permit if no permit has been issued.
This requirement includes any permits or certificates issued by the city for exterior
alterations or improvements to the restaurant.
9. Such additional information as may be requested by the City Manager or designee
to determine compliance with this article.
An application for an outdoor dining encroachments that is submitted but does not
contain all of the information listed above shall be deemed incomplete and will not be
processed.
Permit
An outdoor dining encroachment permit shall be issued upon submittal and approval of a
completed application and supplemental information as described in the application
section of the Outdoor Dining Encroachments policy.
The permit shall be visibly posted in the eating and drinking establishment with the
approved scaled drawing or site plan.
Alcohol
Beer, wine, and liquor drinks purchased with food from the eating and drinking place can
be served within the defined and delineated encroachment area if the business is legally
licensed to sell such beverages.
Patrons are not permitted to travel with beer, wine, and liquor drinks outside of the
encroachment area.
Change of Ownership
Outdoor dining encroachments shall be granted to the business owner and are
nontransferable. A change in ownership shall require a new outdoor dining
encroachment permit.
Temporary Removal
The City of Columbia may remove or rearrange tables, chairs, planters, etc. to conduct
repairs on sidewalks, roads, utilities, parking meters, etc. When feasible, notice shall be
provided to the operator of the eating and drinking place prior to the commencement of
work.
Revocation
Sidewalk dining encroachments can be revoked at any time by the City Manager or
designee. Revocation shall be in writing and shall state the reason for revocation.
Planning & Development Services
Development Center
1136 Washington Street, 1
st
Floor
Columbia, SC 29201
Office: 803-545-3420
Email: [email protected]
DINING ENCROACHMENT PERMIT APPLICATION CHECKLIST
Completed Dining Encroachment Application
 A scaled drawing or site plan showing the following:
a. The section of sidewalk or right-of-way to be used for the dining.
b. The section to be kept clear for pedestrian use.
c. The existing curbline and right-of-way line.
d. The proposed placement of the tables, chairs and other furnishings
on the sidewalk.
e. Adjacent doorways and entrances.
 Pictures or specification sheet of the tables and chairs
 Proof of Liability Insurance - General liability insurance in the name of the
eating and drinking establishment and naming the City of Columbia as an
additional insured in the amount of not less than 600,000 per occurrence
shall be provided with the application for an Outdoor Dining Encroachment.
 Signed Acknowledgement of Permittee to Request For An Outdoor Dining
Encroachment
 Signed Indemnification Form
Planning & Development Services
Development Center
1136 Washington Street, 1
st
Floor
Columbia, SC 29201
Office: 803-545-3483
www.columbiasc.gov/planning-development
ACKNOWLEDGMENT OF PERMITTEE TO REQUEST FOR AN OUTDOOR
DINING ENCROACHMENT PERMIT
Permittee understands and agrees that the privilege granted may be modified or
terminated by the City of Columbia at any time without notice and that the privilege
granted hereby is subject to applicant's compliance with the following conditions,
restrictions or limitations:
1. No item shall be placed that creates a visual impediment to persons safely
entering or exiting the building, adjoining driveway, parking spaces or walking along the
sidewalk. The City reserves the right to remove any item located within the right of way
which it deems to be a safety hazard; and,
2. To prohibit the business from overcrowding, the posted capacity allowed within
the business at the time of approval of the outdoor dining encroachment permit shall
include the total number of patron seating approved for the encroachment area, if not
already included in the posted capacity allowable, so that patrons relocating from the
inside of the business to the outside, or from the outside of the business to the inside shall
not cause the posted capacity to be exceeded; and,
3. Use of the encroachment area is strictly limited to the serving of food and/or
beverages to the patrons of the business during the normal business hours reflected in
the outdoor dining encroachment permit at the time of approval of the outdoor dining
encroachment permit; and,
4. Any changes to the name or ownership of the business or property, hours for
use of the outdoor dining encroachment area, items allowed within the outdoor dining
encroachment area or allowable patron capacity shall require an amendment to the
outdoor dining encroachment permit; and,
5. The location of the tables and chairs shall not impede the path of travel for the
assigned exit discharge of the adjoining buildings or parking spaces; shall be placed to
allow five (5') feet of passageway along the sidewalk at all times and not obstruct
pedestrian movement, vehicle movement and parking, and shall be of durable material
and weighted to withstand strong winds; and,
6. The tables and chairs are to be maintained by the property owner and shall be
stored inside the eating and drinking establishment or secured with a locking device; the
outdoor dining area and general exterior of the building shall be kept clean and orderly at
all times; other improvements, interference with pedestrian movement or the parking lane
and disturbance of streetscape planters, existing trees and roots shall be prohibited; and,
7. A copy of the approved permit along with a diagram of the encroachment area
shall be displayed inside the business alongside their SC Beer/Wine Permit and/or SC
Liquor License at all times; and,
8. All outdoor musical performances and use of sound-amplifying devices shall end
by 10:00 p.m. due to the proximity of the outdoor dining area to residential properties;
and,
9. Permittee shall comply with City Code of Ordinances Chapter 8, Environmental
Health and Sanitation, Article IV, Pollution Control, Division 5, Regulations and
Requirements Relating to Smoking of Tobacco Products, et. seq. and Grantee shall post
signage that smoking is prohibited within the designated outdoor dining encroachment
area; and,
10. Sandwich board signs shall not be placed within the five (5') foot pedestrian
passageway along the sidewalk; and,
11. Tables and chairs shall be placed in line with the center of the City’s planting
area and shall not be placed over grates or utility access panels; and,
12. Booths, tables and or food stations used for preparation, staging and or service
of food and or beverages are strictly prohibited; and,
13. Non-moveable signage shall be placed on all tables within the designated
outdoor dining encroachment area which identifies the tables as belonging to the business.
14. The borders of the outdoor dining encroachment area to be marked by planters
or similar objects to clearly define the area of the sidewalk that the business has been
authorized to encroach upon for the purpose of using the designated area as an extension
of the business for outdoor dining; and,
15. Signage shall be placed at the borders of the outdoor dining encroachment area
stating, “No alcohol beyond this point”; and,
16. Any damage to the sidewalk or tree zone shall be repaired to the satisfaction
of the City Manager. Improvements within the outdoor dining encroachment area shall be
maintained by the business at no cost to the City in a manner approved by the City
Manager. Property owned, operated and maintained by SCDOT shall comply with SCDOT
encroachment requirements; and,
17. Permittee must comply with all existing City of Columbia and any other state
or federal codes, rules and regulations, as applicable including the Americans with
Disabilities Act, now in existence or hereafter enacted.
Applicant Signature:
Date:
Applicant’s Name (Print):
Title:
Business Name: Business Location:
Planning & Development Services
Development Center
1136 Washington Street, 1
st
Floor
Columbia, SC 29201
Office: 803-545-3483
www.columbiasc.gov/planning-development
Outdoor Dining Encroachment Application
For a continuing outdoor dining encroachment permit on any type of property in which the
City has an interest (i.e., rights of way, tree zone, sidewalk), the person or entity is
required to have an Outdoor Dining Encroachment Permit (ODEP). ODEPs must comply
with all existing City of Columbia and any other state or federal codes, rules and
regulations, as applicable including the Americans with Disabilities Act, now in existence
or hereafter enacted, and are subject to review and approval by City staff.
Please complete and submit this form along with the items listed below to The
Development Center by email at developmentcenter@columbiasc.gov; fax at
803-733-8699; or mail to The Development Center, Planning and Development Services,
Post Office Box 147 Columbia, SC 29217, for preparation of an ODEP.
DATE:
Business Name:
Business Address:
Tax Map Number:
Owner of Business:
Title:
Applicant's Name if different from Owner:
Title:
Mailing Address if different from business location:
Alternate Telephone Number:
Email Address:
Hours of operation for outdoor dining:
Days of operation for outdoor dining:
ATTACH THE FOLLOWING DOCUMENTS TO THE APPLICATION
I acknowledge that the adjoining property owners and businesses have been contacted
and approve the addition of outdoor dining at this location to include the service of beer,
wine and/or liquor if applicable during the business hours noted above, and that any
changes made to the business hours, use of the encroachment area or items allowed
within the encroachment area will require an amendment to the ODEP.
I acknowledge that any changes made to the business, hours, use of the encroachment
area, or items allowed within the encroachment area, to include obtaining a license to sell
beer, wine and/or liquor will require an amendment to the ODEP.
I acknowledge that all of the information provided herein is accurate and that this
application is not complete and will not be considered unless it is submitted with the
following required documents.
Number of outdoor
dining tables:
Number of outdoor
dining chairs:
Posted Maximum Capacity Allowance
(inside/outside combined)
Do you serve (check all that apply):
___ Wine ___ Beer ___ Liquor
SCDOR ABL No.:
Scaled Drawing &
Pictures or Spec.
Sheet of Tables
and Chairs
Must show the section of sidewalk or right-of-way to be used for the
dining. The section to be kept clear for pedestrian use. The existing
curbline and right-of-way line. The proposed placement of the
tables, chairs and other furnishings on the sidewalk. Adjacent
doorways and entrances.
Proof of insurance
General liability insurance in the name of the eating and drinking
establishment and naming the City of Columbia as an additional
insured in the amount of not less than 600,000 per occurrence shall
be provided with the application for an Outdoor Dining
Encroachment.
ACKNOWLEDGMENT OF PERMITTEE TO REQUEST FOR AN OUTDOOR DINING
ENCROACHMENT PERMIT (Must Be Signed)
Applicant Signature:
Date:
Applicant’s Name (Print):
Title: