How to Open Outdoor Seating for Restaurants
With new COVID-19 cases on the rise across the US and a surge of deaths estimated to soon follow safety precautions are more important now than ever. One of the ways restaurants can help curb infections at their establishments is the use of outdoor seating. Outdoor seating with its high ventilation is shown to have a noticeable reduction in infections compared to indoor seating which is considered high risk for COVID-19 infection even under ideal circumstances.
Many states which were in the process of re-opening their economies have reversed course and are closing bars and restaurants again. Most states still allow outdoor dine-in options rather than only allowing delivery and pick-up options as they did earlier this year.
States and cities like New York’s Open Restaurant program, Los Angeles’ Al Fresco program, and Chicago’s Sidewalk Cafe are outdoor seating initiatives that allow sidewalks and streets to be used for additional seating. While these programs have been proposed and available since phase 3 re-openings, due to the additional cost and application requirement most restaurants relied on reduced indoor seating.
But with COVID-19 cases surging and the threat of a complete lockdown looming in many cities, restaurants are investing in outdoor seating as that may become the only kind of dine-in option allowed in.
New York City
Cities like New York City have released a comprehensive guide on how to increase outdoor seating capacity by building on sidewalks or streets. Restaurants may also apply for a permit on the main website that also contains a comprehensive guide.
Some regulations include:
Sidewalk Seating
- Seating and tables must be up against the wall of the business or as close as possible
- Sidewalk seating area may not exceed business frontage
- Must leave an 8' clear path for pedestrians
- Must be at least 3' from the adjacent business
- Cannot block subway grate, utility hardware or Siamese water connection
- Cannot block bus stop waiting area
- For clear path purposes, parking meters, traffic signs and tree pits with flush gratings (without tree guards) are exempt. All other above-grade structures are considered obstructions
Roadway Seating
Restaurants must:
- Create a protective barrier, such as planters or objects of similar size and weight, on all three sides of the seating perimeter that are in the roadway, to separate seating from the travel lane. Such barriers must be at least 18” in width and 30–36” in height (excluding plantings) on all three sides that are in the roadway, to preserve visibility for motorists and provide protection for patrons (see Siting Criteria diagram)
- Place such barriers directly adjacent to each other (no gaps) and no more than 8’ from the curb (see Siting Criteria diagram)
- Ensure visibility of patrons and barriers at night by clearly marking all barriers with yellow high intensity retro-reflective tape or reflectors (see Siting Criteria diagram)
- Not place seating or barriers within 15’ of a fire hydrant. Doing so jeopardizes fire safety for your fellow New Yorkers
- Not place seating or barriers within 8’ of a crosswalk, to provide for safe vehicle turns and avoid crowding
There has been some confusion where New York City changed some regulations after the outdoor seating initiative began forcing some of the earliest adopters to quickly renovate their outdoor seating areas. But since the initial confusion, there have been little complaints and many city dwellers have even claimed the outdoor seating has brought some much-needed life back into the city that felt like a bleak dystopian future in recent months.
Los Angeles
Los Angeles’ outdoor seating initiative is called the Al Fresco program. The city describes the program as “a temporary program that streamlines requirements and approvals across multiple City departments for outdoor dining on sidewalks, parking lots, and streets. The program aims to help local businesses reopen while allowing customers and employees to maintain the physical distance recommended by public health officials by temporarily relaxing the rules that regulate outdoor dining.”
Through L.A. Al Fresco Phase 1, the City is offering streamlined, immediate approval for eligible businesses to provide outdoor seating in the following areas:
- Sidewalks
- Private Parking Lots
Through Phase 2, launched on June 26, the City is offering streamlined approval for outdoor dining in the following areas:
- Street Parking Spaces (Parklets)
- Lane Closures
- Street Closures
Other regulations are similar to those laid out in New York City. Full details can be found on the program’s online manual.
Los Angeles claims to approve permit requests immediately after application to allow businesses flexibility and control on construction. The permits will last for 90-days per application with no limit on renewals. Permits are separated between sidewalk and expanded outdoor private property dining versus on-street dining which includes curbside dining.
Restaurants may also serve alcohol in their outdoor seating area, provided they already had a valid alcohol permit.
Chicago
Chicago’s Sidewalk Café is not new, the city has had this program for multiple years prior to the COVID-19 pandemic but in light of the circumstances, the city has allowed the seasonal program to operate year-round.
The Sidewalk Café has been a popular program for years and has different goals and expectations compared to other programs. The city has regulations regarding “city beautification” which requires plants and well thought out and crafted outdoor seating areas that won’t clash with the aesthetic of the city. Needless to say, such regulations have been suspended for the duration of the pandemic as an emergency measure.
The city has updated many rules and regulations for the Sidewalk Café to operate year-round including regulations for operating during the winter and complying with COVID-19 safety precautions.
Restaurants can apply for permits online with a 75% reduced application fee during the pandemic.
Philadelphia
For the remainder of 2020, Philadelphia will allow four types of temporary outdoor seating.
Sidewalk Cafe — Allows for daily use of sidewalk area in front of the business for restaurant seating.
Streetery — Allows for curbside parking at street level (or platform built on street) to be converted into outdoor dining or take-away area for food and beverages.
Temporary use of private lots for dining — Allows restaurants to convert spaces in their parking lots into restaurant seating and to place seating onto vacant lots in most commercial and mixed-use zoning districts.
Temporary Street Closure — Pilot program beginning this summer that allows for temporary closure of certain streets for shared restaurant seating.
The application for permits as well as the regulations for outdoor dining can be found online.
Some guidelines specific to Philidelphia include:
• Hours of operation are limited to 8 a.m.–10 p.m.
• No heating, cooking or open flames in the right of way, except approved outdoor heaters.
• No food preparation in the public right of way.
• Tents are prohibited, except in private lots.
• Establishments with fewer than 20 tables total must make at least one table ADA accessible. Establishments with more than 20 tables total must make 5% of tables ADA accessible.
Elsewhere
These outdoor seating initiatives are most common in cities and urban settings where restaurant safety is of utmost importance to keeping new COVID-19 cases down in a state.
Depending on the location, restaurants will likely need a permit specific to their city to allow construction of outdoor seating areas. Both applications and regulations will most likely be found on any city website.
Be sure to read and abide by any regulations as cities have been cracking down on restaurant violations especially with the rise in COVID-19 cases. Cities are desperate to curb the pandemic even admitting that phase 1 lockdowns similar to what we saw earlier this year may be necessary again.
Below are some resources for outdoor seating in other states and cities.
