Title
Outdoor Dining Requirements in Annapolis - For the purpose of codifying and consolidating the City's outdoor dining programs; defining outdoor dining and its different types; requiring permits for outdoor dining; setting common standards for outdoor dining; creating a fund for outdoor dining permit fees to be used for alternative transportation options when restaurants use their parking lot for outdoor dining; making technical corrections to the various code sections to conform with the outdoor dining section; and generally dealing with restaurant standards for outdoor dining.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 10-24
Introduced by: Ald. Arnett
Co-sponsored by: Alds. Savidge, O'Neill
Referred to:
Planning Commission
Finance Committee
Economic Matters Committee.
Rules and City Government Committee
AN ORDINANCE concerning
Outdoor Dining Requirements in Annapolis
FOR the purpose of codifying and consolidating the City's outdoor dining programs; defining outdoor dining and its different types; requiring permits for outdoor dining; setting common standards for outdoor dining; creating a fund for outdoor dining permit fees to be used for alternative transportation options when restaurants use their parking lot for outdoor dining; making technical corrections to the various code sections to conform with the outdoor dining section; and generally dealing with restaurant standards for outdoor dining.
BY enacting with amendments the following portions of the Code of the City of Annapolis, 2024 Edition:
7.35
6.30
6.30.020
BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2024 Edition:
21.48.020
21.64.025
21.64.170
21.64.540
21.64.560
21.64.640
7.42
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Title 7 - BUSINESS LICENSES, TAXES AND REGULATIONS
Chapter 7.35 - Outdoor Dining
Section 7.35.010 - Purpose.
The purpose of this outdoor dining chapter is to allow restaurants to expand their dining areas into outdoor spaces, creating a vibrant and pedestrian-friendly atmosphere in our commercial districts and shopping centers that enhances the Annapolis dining experience for residents and visitors. It also aims to ensure that outdoor dining spaces are well-designed, taking into account public safety, health, and welfare.
Section 7.35.020 - Definitions.
1. "ADA" refers to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 (1990).
2. "Dining" means food and beverages consumed while seated at a table.
3. "Outdoor dining" refers to the practice of having a meal at a restaurant that offers indoor seating but also serves and allows patrons to consume food and drinks at outdoor tables or other designated areas such as patios, courtyards, plazas, decks, rooftops, sidewalks, streets, and parking lots.
4. "Person" includes any natural person or business entity.
5. “Seasonal Parking Lot Dining” is outdoor dining at a restaurant that has expanded into a private parking lot owned or leased by a restaurant and permitted by the City only during limited times of the year.
6. "Sidewalk Café" is an outdoor dining authorized by the City via a permit on a public sidewalk fronting the restaurant requesting the permit.
7. "Street Café" is outdoor dining authorized by the City via permit on a public street designated for public consumption of food and beverages to seated patrons of the adjoining restaurant.
Section 7.35.030 - General Requirements.
A. Applicability.
1. Any person owning, leasing, managing, or operating a restaurant may establish and operate Outdoor Dining, provided the City grants them a permit.
2. Outdoor Dining:
a. Includes Seasonal Parking Lot Dining, Sidewalk Cafés, and Street Cafés;
b. Shall be permitted in any zone where restaurants are permitted as designated in § 21.64.540 under the regulations in this chapter;
c. Must meet all zoning requirements of Title 21 before an applicant can apply for a permit;
3. The following City departments shall have oversight of Outdoor Dining:
a. The Planning and Zoning Director for dining on private property, which includes Seasonal Parking Lot Dining; or
b. The Public Works Director for dining on City property, which includes Sidewalk Cafés and Street Cafés.
B. Permits or Lease Required.
1. Outdoor Dining.
a. A person shall not construct, maintain, use or operate Outdoor Dining without first obtaining a permit or lease, as provided in this chapter.
b. Outdoor Dining shall operate only as authorized under this chapter.
2. Exception Requests.
a. Not including liquor license requirements, exemption from other requirements of this Chapter may be requested from the department that issues the permit or lease.
b. Departmental decisions regarding permit or lease applications shall be appealed to the Board of Appeals.
c. Additional fees may apply for any such requests.
3. Liquor License.
a. Restaurants with an alcoholic beverage license shall request an upgrade or modification to their license to cover the Outdoor Dining area.
b. The request to upgrade or modify an alcoholic beverage license shall be made with the Alcoholic Beverage Control Board.
C. Outdoor Dining Standards.
1. Standards and Uses.
a. Outdoor Dining is subject to the standards set forth in the following sections of the City Code:
i. Restaurant use subject to standards in § 21.64.540; and
ii. Food and beverage-related uses in § 21.64.300.
b. Except for minimum parking requirements in Title 21, Outdoor Dining shall be considered part of the restaurant's gross floor area and occupancy for calculating fees and building development regulations unless indoor dining seating is reduced to the establishment's authorized seating count during the permit or lease duration.
2. Location. Outdoor Dining areas shall be located within outdoor areas adjacent to restaurants, such as private sidewalks, walkways, off-street parking, patios, etc.
3. Hours of Operation.
a. Generally. Outdoor Dining hours shall be restricted to the hours of 7 a.m. to 10 p.m., seven days a week, or the time restrictions set forth in the liquor license for the establishment, whichever is less.
b. Exceptions. Outdoor Dining hours shall be restricted to the hours of 7 a.m. to 11 p.m., seven days a week, for the following areas:
i. Streets and sidewalks contiguous to Annapolis Market House (25 Market Space);
ii. Pinkney Street, from 25 Market Space to 12 Market Space; and
iii. Dock Street, from Market Space to Susan Campbell Park.
4. Alcoholic Beverages.
a. The restaurant shall not sell, serve or allow consumption of alcoholic beverages in the Outdoor Dining areas without first obtaining a modification to its approved Alcohol Beverage Control Board license to cover any expanded outdoor dining areas.
b. The ability to serve alcohol outdoors is restricted based on the types of liquor license the serving business has been permitted.
c. Alcoholic beverages and food shall be served only to patrons seated at tables.
5. Noise.
a. Mitigation. The design of the Outdoor Dining area shall include noise mitigation measures to minimize adverse impacts on adjoining or neighboring residential properties.
b. Sound Equipment, Musical Instruments and Similar Devices. Noise of sounds generated by the Outdoor Dining area shall be subject to the standards set in the noise prohibition section of the City Code, § 11.12.020.
c. Live Entertainment and Dancing. Live entertainment, unamplified music, and dancing shall be permitted in the area designated for Outdoor Dining.
6. Lighting. Lighting shall be directed away from adjoining properties and streets and designed to minimize glare and light pollution.
7. Furniture. Any furniture used for Outdoor Dining shall meet the permit or lease requirements.
a. Outdoor Dining furniture shall be secured as weather conditions require.
b. Outdoor Dining furniture shall be removed nightly or secured overnight by a means suitable to the City.
c. Outdoor Dining areas shall not be used for storage.
8. City Compliance.
a. Outdoor Dining shall comply with all applicable building, health, safety, fire, zoning and environmental standards.
b. Outdoor Dining areas shall be cleaned nightly, and adjoining sidewalk areas shall be kept free of debris, litter, vermin and unsanitary conditions.
9. Historic District.
a. Restaurants in the historic district shall follow outdoor furniture guidelines from the Annapolis Historic District Design Manual, with comments by the Historic Preservation Commission.
b. The Historic Preservation Commission shall review and approve the type of furniture and shading proposed for use in the Historic District
c. Outdoor Dining, as defined in this chapter, that was in existence in the C2 district as of November 13, 1995, under the authority of a permit or lease with the City, may, at the option of the lessee, continue to operate under either the existing terms of such permit or lease or the terms of this chapter.
10. Additional Standards.
a. Additional standards for each type of Outdoor Dining are located in the following sections of this chapter.
b. Departments designated by subsection A(3) may promulgate rules to enforce the purpose of this chapter.
D. Fees.
1. Fees associated with activities permitted under this chapter will be determined by annual resolution of the City Council; and
2. All fees generated shall be placed into the "Sustainable Mobility Services Fund" as described in § 6.16.020.
E. Indemnification Agreement and Insurance Required.
Any establishment providing additional outside seating for outdoor dining/café use shall, if the seating is on city-owned or public property, agree to indemnify the city for all claims and shall fully insure, defend and hold harmless the City and in their capacity as such, the officers, agents and employees thereof from and against any claims and damages in any way arising out of or through the acts or omissions of the permit or lease holder or its employees in the construction, operation, maintenance, use, placement or condition of the outdoor dining, specifically including claims arising from or in any way related to the establishment’s sale or provision of alcoholic beverages.
F. Permit Limits and Revocation.
1. Limitations.
a. A Sidewalk Café, Street Café, or Seasonal Parking Lot Dining area must be used and occupied for outdoor dining only.
b. Where a permitted Outdoor Dining area remains unused for outdoor dining for 30 consecutive days or more, the City Manager may order it removed by the licensee.
2. Violations.
a. The provisions of this chapter shall be enforced by either the Department of Planning and Zoning or the Department of Public Works.
b. A person or establishment in violation of any provisions of this chapter may be deemed guilty of a municipal infraction and shall be issued a citation and fined for each violation as established by resolution of the City Council plus costs.
3. Revocation of Permits.
a. Outdoor dining is a privilege, not a right; therefore, permits and leases can be revoked for cause, including, but not limited to:
i. Conflicts such as scheduled festivals, parades, marches, demonstrations, right-of-way repairs, or emergencies occurring in the area;
ii. Any breach of this chapter's provisions, Federal, State, or local law, or the specific terms of the Outdoor Dining permit or lease; and
iii. A second or subsequent conviction under this chapter within any 12-month period.
b. The City Manager has the authority to suspend an Outdoor Dining permit or lease immediately, without prior notice, in situations deemed emergencies.
c. Except when dealing with emergencies as described in subsection b, the permit or leaseholder shall be given notice and an opportunity to respond within three business days before any action per this subsection is taken.
Section 7.35.040-Seasonal Parking Lot Dining.
A. Generally.
1. This section's requirements are in addition to those of § 7.35.030.
2. Where permitted, vehicle parking spaces known as "off-street parking" in a private restaurant parking lot may be replaced by Seasonal Parking Lot Dining.
B. Permits. Unless an exception is allowed pursuant to § 7.35.030(B)(2), a permit is required for a restaurant to provide additional seating for Seasonal Parking Lot Dining based on the following requirements:
1. Permit Issuance.
a. The Planning and Zoning Director shall issue Seasonal Parking Lot Dining permits.
b. Seasonal Parking Lot Dining requires a special exception pursuant to the Zoning Code, §21.26.
c. Approval of the Outdoor Dining permit shall be immediately submitted by the Director to the Alcoholic Beverage Control Board and made a part of the licensee’s file.
2. Permit Duration. The Seasonal Parking Lot Dining permit shall be valid for either three months or six months between April 15 and November 1 each year.
3. Application Requirements. The application shall include, but is not limited to, the following:
a. A letter from the parking lot owner authorizing the lot’s use for Seasonal Parking Lot Dining;
b. The number of impacted parking spaces.
c. A picture of the space and a site plan with measurements;
d. The types of barricades proposed for use to protect patrons;
e. Furnishings, shading, tent sizes, noise mitigation devices, and other plan information and placement, as the Director requires.
4. Application Review.
a. The Planning and Zoning Department shall review applications.
b. Upon completion and Department review, the application shall be referred to the Board of Appeals for a special exception to zoning criteria.
5. Zoning Modification. A modification to the amount of previously approved restaurant seating that results from the addition of Outdoor Dining areas shall not require new zoning permits.
6. Fees. Fees in lieu of off-street parking requirements must be paid with the original permit application and the request for a permit renewal.
7. Tents.
a. The use of tents requires a Temporary Structure (tent) Permit.
b. Applicants shall provide certification of a flame retardance application for all tents and umbrellas demonstrating compliance with City standards provided by the Planning and Zoning Department, and stating that such materials do not include polyfluoroalkyl substances (PFAS).
C. Standards. Seasonal Parking Lot Dining, where allowed in § 21.64.540, is subject to the following:
1. Dining in Parking Lots.
a. Lots Owned by the Restaurant. Required off-street parking may be reduced or eliminated to accommodate new or expanded outdoor dining areas into existing parking areas.
i. Number of Seats. The Board of Appeals shall approve the number of seats for outdoor dining based on each restaurant's situation.
ii. Alternative Parking Notice. The business shall display public notices in the Outdoor Dining area that provide information on transportation alternatives to automobiles.
iii. Requirements if receiving 100% waiver. If a waiver is granted for all off-street parking required of the restaurant, the property owner must do the following:
(1) Dedicate the parking lot apron used by vehicles to enter and exit the lot, if present, for use as a mobility drop-off area unless the Board of Appeals determines a more appropriate location; and
(2) Provide for bicycles and scooter parking by patrons.
b. Lots Leased by the Restaurant. For multi-tenant commercial properties with shared parking, reductions permitted to existing parking requirements to accommodate outdoor dining shall be based on the total parking requirement for all users and establishments on the property, not solely on the parking requirement for the restaurant(s) proposing to add or expand outdoor dining areas.
2. Alcoholic Beverages.
a. A modification to a previously approved Alcoholic Beverage Control Board license showing the expanded service areas shall be required before the establishment’s expanded footprint is approved.
b. The application shall include:
i. Site plan of the outside dining area;
ii. A plan to prevent the service of alcohol to minors;
iii. Specific dates and hours that the designated area will be used for outside dining; and
iv. Permission from the owner of the designated parking lot if not owned by the applicant.
Section 7.35.060 - Sidewalk Café.
A. Generally.
1. The requirements of this section are in addition to the requirements of § 7.35.030.
2. Where authorized, a restaurant may provide additional seating on the sidewalk in front of the restaurant for Sidewalk Café dining.
B. Permits. Unless an exception is allowed pursuant to § 7.35.030(B), a permit is required for a restaurant to provide additional seating for a Sidewalk Café Dining based on the following requirements:
1. Permit Issuance.
a. An application for a sidewalk café permit shall be made to the City Clerk using the forms provided by the City Clerk.
b. The operating establishment shall make the application.
c. Permits shall be reviewed and approved by the Department of Public Works.
2. Permit duration. A Sidewalk Café permit shall be for one year, from May 1 to April 30 of the following year.
3. Fees. Fees shall be paid with the original permit application and the request for a permit renewal.
B. Standards. Sidewalk Cafés are allowed only in zoning districts designated in § 21.64.540 and subject to the following:
1. Location and Distance Requirements.
a. Sidewalk. No part of a Sidewalk Café area shall encroach upon any part of the sidewalk frontage of any adjacent premises, right-of-way or alley.
b. Right-of-way.
i. A Sidewalk Café must leave a minimum six-foot unobstructed passageway for pedestrians along the length of the café.
ii. For operating establishments adjacent to sidewalks less than ten feet wide at the location of the proposed Sidewalk Café, the City Clerk, with the Department of Public Works consent, may reduce the unobstructed passageway to not less than that required by the ADA.
2. Alcoholic Beverages.
a. Before the establishment's expanded footprint is approved, a modification to a previously approved Alcoholic Beverage Control Board license showing the expanded service areas shall be required.
b. The application shall include:
i. Site plan of the outside dining area;
ii. A plan to prevent the service of alcohol to minors; and
iii. Specific dates and hours for the designated area for outside dining.
c. Notwithstanding any contrary or different hours of operation in its alcoholic beverages license, an operating establishment shall cease to sell, serve or allow consumption of alcoholic beverages on its Sidewalk Café at least 30 minutes before the establishment's permitted closing time.
3. Hours of Operation.
a. All café seating shall be removed from the café area no later than 30 minutes before the operating establishment's permitted closing time.
b. All other furniture, debris and obstructions to the sidewalk shall be cleared no later than 30 minutes before the permitted closing time unless the restaurant is located in the Historic District and exempted from this regulation by the Historic Preservation Commission.
4. Prohibited.
a. The following are prohibited in Sidewalk Cafés:
i. Tents
ii. Permanent structures or improvements in or near the café area.
iii. Cooking of food;
iv. Unshielded trash or refuse storage;
v. Advertisements (exclusive of menus intended to be read from the café); and
vi. Exclusively carry out transactions.
b. Sidewalk cafes along Compromise Street are prohibited.
Section 7.35.070 - Street Café.
A. Generally.
1. The requirements of this section are in addition to the requirements of § 7.35.030.
2. Where authorized, a restaurant may provide additional seating on City-owned street parking spaces in front of the restaurant for Street Café dining.
B. Permits. Unless an exception is allowed pursuant to § 7.35.030(B)(2) and subsection D of this section, a permit is required for a restaurant to provide additional seating for a Street Café Dining based on the following requirements:
1. Permit Issuance.
a. An application for a sidewalk café permit shall be made to the Department of Public Works and the City Clerk on forms provided by the City Clerk.
b. The operating establishment shall make the application.
c. The Department of Public Works shall review Street Café permits.
2. Permit duration. A Street Café permit shall be valid for either three months or six months between April 15 and November 1 each year.
3. Application Requirements. The permit application shall include, but is not limited to, the following:
a. The number of parking spaces requested to be used;
b. The closest street address;
c. An image of the parking space(s) where the Street Café is proposed;
d. A site map or drawing of the proposed site with measurements; and
4. Fees. Fees-in-lieu of parking spaces shall be paid with the original permit application and the request for a permit renewal.
B. Standards. Street Cafés are allowed only in zoning districts designated in § 21.64.540 and subject to the following:
1. Location and Distance Requirements.
a. The area of the street cafés shall not extend beyond the frontage area of the licensed premises of the licensee.
b. The Public Works Director may limit or increase the eligible linear footage for the Street Café area based on extenuating circumstances or, if otherwise deemed advisable, to address the best interests of other businesses in the Street Café area or the public.
2. Alcoholic Beverages.
a. A modification to a previously approved Alcoholic Beverage Control Board license showing the expanded service areas shall be required before the establishment’s expanded footprint is approved.
b. The application shall include:
i. Site plan of the outside dining area;
ii. A plan to prevent the service of alcohol to minors;
iii. Specific dates and hours for the designated area for outside dining.
C. Exception.
1. Market Space. The streets between Fleet Street to Pinkney Street and Pinkey Street to Randall Street shall be exempt from the Street Café program and subject to lease requirements as determined by the City Manager.
2. West Street. West Street between Church Circle and Cathedral Street may be exempt from the Street Café program and subject to lease requirements determined by the City Manager.
Title 6 - REVENUE AND FINANCE
Chapter 6.30 - Special Funds
Section 6.30.020 - Sustainable Mobility Services Fund
A. Definitions. For purposes of this chapter, the following words and phrases shall have the meanings set forth below:
1. "Sustainable Mobility Services" deal with how people are moved from one place to another and can range from walking to ride-hailing services, peddle transportation, micro-mobility public transportation, paratransit and other such services. Sustainable Mobility Services emphasizes environmentally sustainable mobility options.
2. "Fund" means the Sustainable Mobility Services Fund established by this chapter.
B. Establishment. The Sustainable Mobility Services Fund is established to collect and retain Outdoor Dining fees for mobility services in the City of Annapolis.
1. All monies in the fund are subject to appropriation by the City Council and may be used for administration expenses of this chapter.
2. The fund is a continuing, non-lapsing fund to be maintained and administered by the Transportation Department Director. The Finance Director shall hold and account for the fund.
3. If cash is received as consideration for the sale of a capital asset purchased with funds from this account, the money must be reinvested into the account.
C. Purpose.
1. This Sustainable Mobility Services Fund shall support efforts to expand and make safer non-automobile transportation and is separate from traditional bus transit funding.
2. The fund shall go towards efforts to encourage alternative mobility options in the City, which may include but are not limited to:
a. Pedestrian and cycling infrastructure;
b. Sidewalk and walkway construction and maintenance;
c. Expanding or improving micro public transportation infrastructure and operations, such as:
i. microbuses,
ii. micro-transit,
iii. on-demand transit, and
iv. mobility centers;
d. Demand-response transportation services for people with disabilities and other mobility-challenged individuals; and
e. Mobility centers and drop-off areas.
3. The funds shall be prioritized to resolve parking and transportation issues resulting from the loss of parking spaces due to the outdoor dining programs pursuant to the Outdoor Dining chapter, § 7.35.
Title 21 - PLANNING AND ZONING
Division V - Regulations of general applicability
Chapter 21.64 - Standards for uses subject to standards
Section 21.64.170 - Coffee shops.
A. Coffee shops are subject to the general standards for food and beverage-related uses.
B. In the BCE district oOutdoor dDining may be permitted, subject to the Outdoor Dining chapter, § 7.35.
C. Notwithstanding the provisions of Section§ 21.64.300 of this Code, a coffee shop shall be allowed as an accessory use to a bookstore in the C2 and C2A Districts.
1. The square footage of the coffee shop shall not exceed twenty-five percent25% of the floor area of the bookstore.
2. Food sales shall be limited to pre-packaged items, prepared off-premises, with no food preparation on-site.
3. The coffee shop shall only be open when the bookstore is open.
Strike section 21.64.540 in its entirety and insert the following:
Section 21.64.540 - Restaurants, standard.
A. General Standards for Standard Restaurants. These are standards for restaurants in all zones:
1. Standard restaurants, as defined § 21.72.010, are subject to food- and beverage-related uses set in § 21.64.300.
2. Except as noticed in the following zoning subsections, the following standards apply:
a. Drive-through service is not permitted
b. Catering or delivery service may be permitted as an accessory use.
c. Outdoor Dining, where allowed, is subject to § 7.35.
d. Rooftop Dining, where allowed, is subject to the following, unless exemptions apply as noted in Subsections B through H:
i. Alcoholic beverages shall be served only in conjunction with food service.
ii. Hours of operation shall be limited to 10:00 p.m., seven days a week.
iii. No bar, dancing or live entertainment and no speakers or public address system is permitted.
iv. No portion of a Rooftop Dining area may be located any closer than 75 feet from a residential structure, measured horizontally at grade.
v. The Rooftop Dining area may not exceed 25% of the floor area of the indoor restaurant area and may not have more than 25% of the number of seats in the indoor restaurant area.
vi. Access to the Rooftop Dining area shall be through the interior of the restaurant.
vii. Exterior access shall be allowed only as emergency access for fire and life safety purposes.
viii. Lighting shall be directed away from adjoining properties and streets and designed to minimize glare.
ix. All lighting shall be at or below railing level.
x. The design of the Rooftop Dining area shall include noise mitigation measures that will minimize adverse impacts on adjoining properties.
B. B1, B2, B3, B3-CD, and PM Districts.
1. The following standards apply in B1, B2, B3, B3-CD, and PM Districts:
a. No more than 50 seats are permitted;
b. Alcohol is permitted with the service of food;
c. Hours of operation are limited to midnight seven days a week;
d. Recorded music is allowed indoors and shall be limited to background music only;
e. In the PM District only: indoor, live, non-amplified acoustical musical entertainment.
2. The following are allowed by special exception:
a. More than 50 seats;
b. Bar;
c. Dancing;
d. Live entertainment indoors;
e. Hours of operation past midnight;
f. Rooftop dining; and
g. Outdoor Dining.
C. BCE and BR Districts.
1. The following standards apply in BCE and BR Districts:
a. No more than 50 seats are permitted;
b. Also permitted;
i. bar;
ii. dancing; and
iii. live entertainment
2. The following are allowed by special exception:
a. More than 50 seats;
b. Rooftop Dining; and
c. Outdoor Dining.
D. MX District.
1. The following are permitted by right in the MX District:
a. Any number of seats;
b. Alcohol with the service of food;
c. Accessory bars.
2. The following are permitted by special exception:
a. Dancing;
b. Live entertainment
c. Rooftop Dining; and
d. Outdoor Dining.
3. Two a.m. alcoholic beverage licenses shall not be permitted for properties within the MX-2 or MX-3 Height Districts, but such licenses shall be allowed for properties within the MX-1 Height District.
E. WMC, WME, WMI, and WMM - Generally.
1. The following standards apply in WMC, WME, WMI, and WMM Districts:
a. New restaurant uses which front waterways shall provide public water access.
b. Public water access shall be consistent with the definition provided in § 21.72.010.
2. The following are allowed by special exception:
a. Rooftop Dining; and
b. Outdoor Dining.
F. WMC, WME, WMI, and WMM - Additional Requirements by District.
1. WMC Districts.
a. The property owner shall construct and maintain a public pedestrian walkway adjacent to the water in accordance with the standards set forth in § 21.62.130, except that structures in existence as of August 24, 1987, located within the public pedestrian walkway shall comply to the extent practicable.
b. Rooftop Dining may be allowed the following exceptions:
i. Hours of operation shall be limited to midnight seven days a week, and
ii. No more than 75% of the number of indoor seats are allowed in the rooftop dining area; and
2. WME Districts.
a. This use is permitted only by special exception.
b. This use is allowed only in combination with one of the following:
i. A working boatyard of at least 20,000 square feet and a 30-ton boat lift, or
ii. Seafood processing of at least 9,000 square feet.
c. The lot for use must be at least 20,000 square feet.
d. The use may occupy no more than 2,000 square feet of gross floor area on the lot.
3. WMI Districts.
a. This use is permitted only in combination with one of the following maritime triggers:
i. A working boatyard of at least 20,000 square feet and a 30-ton boat lift,
ii. Seafood processing of at least 9,000 square feet,
iii. On-land boat storage of at least 25,000 square feet,
iv. Yacht and sailing clubs providing in-water and on-land boat storage to their members, or
v. Fuel dock.
b. Restaurant use may occupy no more than 4,000 square feet for all dining combined.
4. WMM Districts.
a. This use is permitted only in combination with one of the following maritime triggers:
i. A working boatyard of at least 20,000 square feet and a 30-ton boat lift,
ii. Seafood processing of at least 9,000 square feet,
iii. On-land boat storage of at least 25,000 square feet,
iv. Yacht and sailing clubs providing in-water and on-land boat storage to their members, or
v. Fuel dock.
b. In structures in existence as of October 25, 2021, this use may not exceed 30% of the total gross floor area of development on the lot.
c. Rooftop dining shall not have more than 50% the number of seats of the indoor restaurant.
Section 21.64.560 - Sidewalk cafés.
A. Sidewalk cafés are subject to the general standards for food and beverage-related uses.
B. Sidewalk cafés are also regulated under Chapter 7.42 of this code.
Sidewalk cafés are subject to:
1. General standards for food and beverage related uses; and
2. Chapter 7.42 of the City Code.
Section 21.64.640 - Wine bars.
A. Wine bars are subject to the general standards for food and beverage-related uses.
B. The following are permitted by right:
1. Any number of seats,
2. Outdoor dining.
C. Hours of operation are limited to eleven a.m. to midnight Monday thru Sunday.
D. Patrons usually and customarily are provided with individual menus, and are served their food or beverages by a restaurant employee at the same table or counter at which the items are consumed.
E. The service of alcoholic beverages shall be limited to beer and wine only, served on premises or sold prepackaged for off-premises consumption.
F. Revenues from wine sales shall not be less than sixty-six percent of total alcoholic beverage revenues. All wine bars shall report annually the ratio of wine revenues to beer revenues in conjunction with the renewal of their alcoholic beverage license as required under Chapter 7.12.
A. Wine bars are subject to the general standards for food and beverage-related uses.
B. The following standards also apply:
1. Any number of seats;
2. Outdoor Dining, subject to § 7.35;
3. Hours of operation are limited to 11 a.m. to midnight, Monday through Sunday.
4. The service of alcoholic beverages shall be limited to:
a. Beer and wine only, and
b. Served on premises; or
c. Sold prepackaged for off-premises consumption;
5. Revenues from wine sales shall not be less than 66% of total alcoholic beverage revenues;
6. All wine bars shall report annually the ratio of wine revenues to beer revenues in conjunction with the renewal of their alcoholic beverage license as required under § 7.12; and
7. Patrons shall be:
a. Provided with individual menus; and
b. Served their food or beverages by a restaurant employee at the same table or counter where they are consumed.
Strike Chapter 7.42 - Sidewalk Café in its entirety.
Title 7 - BUSINESS LICENSES, TAXES AND REGULATIONS
Chapter 7.42 - Sidewalk Café
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that:
1. The Outdoor Dining standards expressed herein may supersede conditions associated with outdoor dining that were previously applied.
2. This ordinance shall take effect upon passage.
3. The Department, within 90 days of enactment, shall promulgate such regulations as are necessary and proper for the full implementation of this ordinance.
4. The Department shall establish a process through the City website or other means for residents to report possible violations of outdoor dining rules and regulations.