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Committee removes permit fee, keeps standards and potential penalties in outdoor-dining draft
Summary
The committee agreed to drop a proposed permit fee for outdoor and sidewalk dining after staff objections and discussed enforcement mechanisms that rely on existing zoning, building and code processes; draft language retains penalties referenced in peer ordinances.
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Committee counsel Stephanie told members she removed the fee language from the draft after staff indicated many businesses already place tables and chairs without permits, and committee members agreed removing the fee would avoid burdening the few businesses that could comply under current sidewalk constraints. "We originally did have one, and then we had discussed at a prior meeting taking it out," Stephanie said, noting the original structure had been $50 for an initial permit and $25 for renewals.
On enforcement, Stephanie said the draft references standard penalty language found in other municipalities and noted courts rarely impose the maximum but the language preserves judicial discretion: "It's up to $500 a day, so it gives the judge discretion, to do that. Each day that a violation continues is constitutes a separate violation," she said. Committee members and counsel clarified that many enforcement actions would be handled under existing zoning or building-code violation processes (e.g., lack of required site plan, obstructed sidewalk), while police would handle noise complaints or other public-safety issues.
