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Outdoor Dining - Definitions, Administration, and Operational Standards Update
For the purpose of updating the Outdoor Dining regulations after its first year of operation by revising definitions; clarifying departmental review of permits; updating seating, occupancy and boundary standards; clarifying requirements for serving food and alcoholic beverages in outdoor dining areas; and generally relating to Chapter 7.35 of the City Code.
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City Council of the
City of Annapolis
Ordinance 29-26
Introduced by: Alderman Thorp
Co-sponsored by:
Referred to: Economic Matters Committee
AN ORDINANCE concerning
Outdoor Dining - Definitions, Administration, and Operational Standards Update
FOR the purpose of updating the Outdoor Dining regulations after its first year of operation by revising definitions; clarifying departmental review of permits; updating seating, occupancy and boundary standards; clarifying requirements for serving food and alcoholic beverages in outdoor dining areas; and generally relating to Chapter 7.35 of the City Code.
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2026 Edition:
● 7.35.010
● 7.35.020
● 7.35.030
● 7.35.040
● 7.35.060
● 7.35.070
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 operate outdoor dining areas into outdoor spaces, creating, create a vibrant and pedestrian-friendly atmosphere in our commercial districts and shopping centers that consistent with the residential, maritime and historic nature of our city and enhances the Annapolis dining experience for residents and visitors. It also aims to ensure that outdoor dining spaces are well-designed to create a scenic cityscape, 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.
32. "Outdoor dining" refers to the practice of having a meal at a restaurant that offers indoor seating but also serves and allows patrons to consumethe consumption of food and drinks at a restaurant at outdoor tables or other designated outdoor areas such as patios, courtyards, plazas, decks, rooftops, sidewalks, streets, and parking lots.
43. "Person" includes any natural person or business entity.
54. "Seasonal parking lot dining" is one of three licensable outdoor dining options permitting areas at a restaurant that has expandedto expand into a private parking lot, inclusive of drive aisles, owned or leased by a restaurant and permitted by the City only during limited times of the year.
65. "Sidewalk café" is an one of three licensable outdoor dining options authorized by the City via a permit on a public sidewalk fronting the restaurant requesting the permit.
76. "Street café" is one of three licensable outdoor dining options authorized by the City via a 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 one or more of the licensed outdoor dining options defined in Section 7.35.020, provided the City grants them a permit.
2. Outdoor dining:
a. Includes seasonal parking lot dining, sidewalk cafés, and street cafés as defined in § 7.35.020;
b. Shall be permitted in any zone where restaurants are permitted as designated in § 21.64.540 under the regulations in this chapter; and
c. Must meet all zoning requirements of Title 21 before an applicant can apply for a permit;.
3. The Department of Planning and Zoning 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 for one or more of the licensed outdoor dining options defined in Section 7.35.020 without first obtaining a permit or lease, as provided in this chapter.
b. Outdoor dining shall operate only as authorized under this chapter.
c. A restaurant may hold more than one type of outdoor dining permit or approval, subject to obtaining all required permits and approvals and complying with all applicable laws, rules, and regulations within each type of space. For illustration purposes only, a restaurant adjacent to a public sidewalk that also includes a private parking lot, inclusive of drive aisles, may be approved for both seasonal parking lot dining and a sidewalk café.
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. After initial approval, annual license renewals shall include all indoor and outdoor areas in the same application.
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 and Boundaries.
a. Outdoor dining areas shall be located within outdoor areas adjacent to the restaurants, including but not limited to private sidewalks, walkways, off-street parking, patios, or other suitable areas.
b. Restaurants shall establish physical boundaries delineating outdoor dining areas using barriers, fencing, planters, or other materials that are consistent with the prevailing aesthetics of the surrounding neighborhood, including its residential, commercial, maritime, and historic nature, as applicable. Construction-type barriers are not preferred and, if utilized, shall be covered in appropriate materials to achieve the aesthetic goals of this subsection.
3. Hours of Operation.
a. Generally. Outdoor dining is permitted from 7 a.m. to 10 p.m., seven days a week, unless further restricted by the establishment's liquor license or expanded pursuant to section b below.
b. Exceptions.
i. Market House Plaza. Outdoor dining is permitted from 7 a.m. to 11 p.m., seven days a week, in the following locations:
a) Streets and sidewalks adjacent to Annapolis Market House at 25 Market Space;
b) The streets between Main Street, Fleet Street, Pinkney Street and Randall Street; and
c) Dock Street, from Market Space to Susan Campbell Park; and
ii. Other Outdoor Dining Venues. Upon approval of the required special exception, the Board of Appeals may permit outdoor dining venues to operate until 10:30 p.m. on Friday and Saturday, as well as Sundays when the following holiday weekends fall on a Sunday or Monday:
a) New Year's Day;
b) Martin Luther King, Jr. Day;
c) President's Day;
d) Maryland Day;
e) Easter;
f) Memorial Day;
g) Juneteenth;
h) Independence Day;
i) Labor Day;
j) Veterans Day;
k) Thanksgiving; and
l) Christmas.
4. Alcoholic BeveragesFood and Beverage Service.
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 Alcoholic 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 foodAt sidewalk cafés and street cafés, food and beverages, including alcoholic beverages, shall be served only to patrons seated at tables and consumed by patrons predominantly while seated. Sidewalk café and street cafés shall not be permitted to establish designated standing areas for the service or consumption of food and beverages, including alcoholic beverages, nor shall patrons be permitted to gather in standing groups or clusters while consuming such food and beverages.
d. In seasonal parking lot areas, restaurants may elect to allow the service and consumption of food and beverages, including alcoholic beverages, to patrons who are standing, provided that such activities comply with all applicable laws, rules, and regulations, including safety standards, noise limitations, and conditions imposed through the permitting or special exception process.
e. All outdoor dining establishments must ensure alcoholic beverages are consumed inside the approved outdoor dining area, and under no circumstances shall any beverages be served or placed upon the barriers delineating or demarcating such area.
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. The City may require, as a condition of license approval, that outdoor dining furniture in the public right-of-way be removed nightly or secured 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. Seating and Occupancy.
a. The total number of seats required in an outdoor dining area shall be established through the permitting, leasing, and special exception process, as applicable.
b. The maximum occupancy of an area permitted for outdoor dining shall not exceed the total number of approved seats within the outdoor dining area.
11. 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)The Department of Planning and Zoning 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. If the designated outdoor dining area remains unused for 30 consecutive days or more during the permit or lease period, 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.
c. In addition, the Alcoholic Beverage Control Board has the authority to investigate and take enforcement action with respect to any violation of the City’s alcoholic beverage laws that occur within outdoor dining areas or otherwise with respect to the licensed premises.
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 Director of pPlanning and zZoning director shall issue seasonal parking lot dining permits.
b. Seasonal parking lot dining requires a special exception pursuant to the Zoning Code, Chapter 21.26.
c. Special exception approvals do not require annual renewal provided the applicant remains in compliance with the conditions of the special exception approval.
d. 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 up to nine months from January 31 to December 13, and the months do not need to be continuous, but need to be specified.
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 and appearances of barricades proposed for use to protect patrons;
e. Furnishings, shading, tent sizes, and other plan information and placement, as the director requires.
4. Application Review.
a. The Department of 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.
a. Fees in lieu of off-street parking requirements must be paid with the original permit application and the request for a permit renewal.
b. Fees shall be assessed for each month allocated in the permit, but may be paid annually.
c. The fee criteria is set by annual resolution of the City Council in the fees schedule.
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 Department of 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 situationindividual characteristics and considerations.
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. After initial approval, annual license renewals shall include all indoor and outdoor areas in the same application.
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 ClerkDepartment of Planning and Zoning for review and approval.
b. The operating establishment shall make the application.
c. The Department of Planning and Zoning shall refer pPermits shall be reviewed and approved byto the Department of Public Works for review.
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.
BC. 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’Director of Planning and Zoning’s 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. After initial approval, annual license renewals shall include all indoor and outdoor areas in the same application.
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 or serve 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 after 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 after 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 sidewalkstreet café permit shall be made to the department of public worksDepartment of Planning and Zoning for review and approval and the City Clerk on forms provided by the city clerk.
b. The operating establishment shall make the application.
c. The Department of Planning and Zoning shall refer applications to the dDepartment of pPublic wWorks shallfor review street café permits.
2. Permit Duration. A street café permit shall be valid for up to nine months from January 31 to December 13, and the months do not need to be continuous, but need to be specified.
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.
BC. 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 directorDirector of Planning and Zoning 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. After initial approval, annual license renewals shall include all indoor and outdoor areas in the same application.
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.
CD. Exception.
1. Market Space. The streets between Main Street to Pinkney Street and Pinkney 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 mayshall be exempt from the street café program and subject to lease requirements determined by the city manager.
SECTION II: AND BE IT FINALLY ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.