2022 Outdoor Dining Program


On April 1, 2022, the Governor signed Chapter 42 of the Acts of 2022 (the "Act") into law. 

Section 27 of the Act extends a local licensing authority's ability to approve, without further ABCC review or approval, changes in the description of a licensed premises for outdoor alcohol service until April 1, 2023. Any expansion or change approved under these provisions will automatically revert to its pre-pandemic status April 1, 2023.

What Does this mean for Nantucket Restaurants?


  • Do you have Special Permit or other restrictions on your premises that require Planning Board approval? All private property extensions that were allowed due to Planning/Zoning State of Emergency Exceptions must apply for permanent Alteration of Premises to continue using space for food and beverage service. This includes exceptions for parking, tents, outdoor dining, etc.
  • Can I still apply for a one season permit?  Private property spaces may apply for a single season extension on the condition there are no Special Permits required and no increase in occupancy. Outdoor Space extensions are to allow for movement of interior dining to outdoor spaces for 2022 only.
  • What if I want to increase the occupancy and add the space permanently? Permanent Alteration of Premises Applications are required for restaurants seeking to add outdoor spaces permanently to their License and increase occupancy for the establishment. 
  • Still unsure what to do? Fill out the temporary Outdoor Dining Application and we will review with Planning to advise on your next steps.


  • What is timeline to use sidewalks? Submit application for use of Public Sidewalk for Select Board Review:
    • by April 20 for review on April 27.
    • by May 11 for review on May 18.
    • Use of sidewalk can begin following approval of application, payment of fees and execution of sidewalk license agreement.
  • Can we place tables in the street/parking spaces? Applications for Public Property are limited to sidewalk areas. This includes private spaces that require transport of food and beverage or any related uses of sidewalks for commercial activity. No street or parking space use will be considered at this time. 
  • Can we increase our occupancy with sidewalk seating? No restaurants may increase their current approved occupancy with 2022 outdoor sidewalk dining permit. The temporary program is meant to move indoor seating outdoors where possible. Increase in occupancy needs review by building, fire and health.
  • Full adherence to ABCC Patio and Outdoor Dining Guidelines required; including but not limited to containment of alcoholic beverage serving areas by a barrier, fence, or partition. See ABCC Advisory: ABCC OUTDOOR DINING GUIDELINES

Conditions, Application, and Fees

CONDITIONS:  Sidewalk Dining License Conditions

APPLICATION:  Apply online and upload all required documents/photos to application or email Licensing@police.nantucket-ma.gov

FEES: See below. Final Select Board Public Hearing on Fees to be held Wednesday, April 27 at 5:30 pm.

2022 Public Sidewalk Dining Fees* 

*Pending Select Board Public Hearing Wednesday, April 27, 2022. 

The following fees apply to use of Public Sidewalks for Outdoor Dining and related activities for the 2022 Season. 

CategoryPermit DescriptionFee
No Alcohol ServiceCommon Victualler License. May 1 - Stroll. Storefront only. Max 3 tables.$500.00
Beer and Wine =3May 1 - Stroll. Storefront only Max 3 tables (4-top max seats each).
Beer and Wine >3May 1 - Stroll. Storefront only. Over 3 tables.
All Alcohol =3May 1 - Stroll. Storefront only Max 3 tables (4-top max seats each).
All Alcohol >3May 1 - Stroll. Storefront only. Over 3 tables.$2500.00