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Ordinance committee forwards outdoor-dining permit draft, removes sidewalk portion for now
Summary
The Ordinance Committee voted to send a draft outdoor-dining ordinance to city council after agreeing to remove the sidewalk-dining provisions for separate consideration; the draft establishes distinct permits for private-property outdoor dining, clarifies ABC compliance, and eliminates a proposed permit fee.
The Ordinance Committee voted to forward a revised outdoor-dining ordinance to city council after members agreed to remove the sidewalk-dining section and address that topic separately.
Stephanie, the committee's counsel, said the draft creates two permit categories — an outdoor-dining permit for private-property use and a sidewalk-dining permit for public sidewalks — and clarifies that permit holders must still comply with "federal, state, and local laws and regulations," including ABC rules. She said the committee removed the proposed permit fee after staff and members raised concerns about burdening businesses that already place tables and chairs. "We had discussed prior taking the fee out, and I believe the committee said remove the fee," Stephanie said.
Committee members debated whether to include alleyways, "pedlets" (parked‑street dining platforms) and closed-off alleys in the sidewalk definition. Several members said many of the alleys under discussion are city-owned and therefore function as public space; Stephanie noted that if an establishment wanted exclusive use or to serve alcohol in such a space it would need separate city permission and may need additional ABC documentation. The committee's Chair moved the item forward with the sidewalk portion removed; the committee recorded an aye and agreed to transmit the revised draft to council for readings.
The ordinance as revised would require site plans and standards for outdoor dining (no encroachment beyond private-property boundaries, preservation of pedestrian access and conformance with zoning), allow the zoning administrator to set additional conditions, and preserve enforcement through existing zoning, code or building-violation processes. The committee also retained an indemnification clause to address city liability where private operators place furnishings on city property. The ordinance will now be placed on the city council agenda for readings and further consideration.
