ADMINISTRATION - Erik Thorvig, Community Development Director
Title
TEMPORARY OUTDOOR DINING ACCOMMODATION POLICY IN RESPONSE TO COVID-19
Background
The Stay at Home order enacted in response to the Covid-19 pandemic has limited restaurants to curbside pickup and delivery. The announcement by the governor’s office on May 20, 2020 allows restaurants to open only outdoor patio spaces to no more than 50 people and social distancing requirements shall be met. The current and anticipated loss of dine-in revenue has caused financial hardship for the city’s restaurants.
Staff has become aware of requests that other cities have received from restaurants regarding expansion of outdoor seating areas to achieve a 50-person maximum capacity. Staff believes that the unprecedented situation requires flexibility and is supportive of these requests, but also recognizes that expanding outdoor patio areas into non-traditional areas (sidewalks, parking stalls, etc.) could impact nearby businesses and neighborhoods. Staff understands that restaurants will want to reopen with an expanded outdoor seating area as quickly as possible. Therefore, staff is being proactive by proposing a temporary policy for adoption.
The following is a summary of the attached temporary policy.
Process
• Restaurants must submit a narrative, site plan, traffic management plan, seating layout, floor plan, occupancy number, sign plan, and temporary structures.
• The plan will be reviewed and approved administratively by planning, fire, building, engineering, and city clerk’s office.
• The policy is effective through 10/31/20.
Planning Criteria
• If a restaurant doesn’t currently have a CUP for outdoor dining, no CUP is required.
• If parking stalls are used for seating, sufficient parking must exist.
• Signage shall be limited to directional signage for parking and banners. No signage is permitted off-site or in the right-of-way.
• All activity must be on the subject property and requires landlord approval.
• Hours of operation of an outdoor dining area shall be restricted to the hours of operation of the restaurants interior space. New outdoor dining areas shall close at 10PM if located within 200 feet of a residential property.
Fire and Building Criteria
• Any seating cannot block fire exits, fire lanes, ADA accessible routes or handicap stalls.
• Any temporary structures must meet state and local fire and building codes.
• Indoor and outdoor seating cannot exceed the overall occupancy.
• Food and beverage must be prepared in licensed area of the building. Only seating is permitted outside.
• Any heating apparatuses must be approved.
• Chairs and tables must be displayed and stored in a neat and orderly manner.
• Interior bathrooms are allowed to be used and no temporary bathroom facilities shall be allowed.
Liquor License Criteria
• Seating where liquor is offered must be compact, contiguous and delineated.
• License holder must notify their insurance provider.
• No tailgating is permitted.
• No live music or activities other than outdoor dining shall be permitted unless a special event permit is obtained.
Staff has prepared a registration form and outlined an administrative review process to expedite applications in an attempt to allow businesses to open expanded patio space on June 1. Staff will also be communicating to businesses about the process so they are prepared.
Recommendation
Staff recommends approval of the temporary policy and attached resolution.
Body
WHEREAS, The Stay at Home order has caused economic hardship for restaurants; and
WHEREAS, its anticipated that restaurants will have seating restrictions when they are able to open; and
WHEREAS, the City of Blaine identifies the need to assist restaurants when possible and provide temporary regulations related to outdoor dining to allow restaurants expanded outdoor seating areas.
NOW, THEREFORE, BE IT RESOLVED, that the Blaine City Council hereby approves a Temporary Outdoor Dining Accommodations Policy.
PASSED by the City Council of the City of Blaine this 26th day of May, 2020.