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Law office: outdoor seating likely OK if ordering, payment and prep are inside
Summary
Board members cited a law-office reading that outdoor customer seating alone likely does not violate ordinance 152.094 so long as orders, payment and food prep happen inside and there is no outdoor table service; the board asked staff to clarify and draft code edits addressing alcohol and table-service language.
A committee member relayed preliminary guidance from the law director’s office that adding outdoor customer seating by itself "does not appear to violate 152.094," provided that ordering, payment and food preparation happen inside and there is no outdoor table service. The board debated what that interpretation means for local cafes, fast-food restaurants and potential new entrants.
Members agreed alcohol service outdoors is controlled by state law and would remain restricted; they discussed removing or clarifying a separate 'table service' prohibition to allow takeout customers to sit on patios. A board member said patio seating can help small local businesses thrive, while others urged clear limits — for example, that servers should not perform outdoor table service unless an approved variance is granted.
The board directed staff to draft specific language that preserves state alcohol restrictions, clarifies that outdoor seating is allowed when payment and ordering occur indoors and outlines when a variance is required for outdoor service. The change would be brought back for legal review and subsequent readings by the legislative body.
