HomeMy WebLinkAboutAdministrative Order 2020-08 Special Events-Sidewalk Cafe BOZ E MANMT
Public Works
Administrative Order 2020-08
Section 34.05.130 - Downtown Sidewalk Encroachment Permit Program, Special Event
Policy:
Pursuant to Section 34.05.130 of the Bozeman Municipal Code (BMC), the Director of Public
works has determined that a temporary permit for sidewalk cafes in the downtown business
district to include areas in front of physically adjoining buildings is applicable until November 1,
2020, subject to the following requirements:
l. The building ingress/egresses is not impacted.
2. There are no fixtures utilized by the fire department for fire supersession in the proposed
area.
3. Written consent from the owner of the business occupying the ground level space where
the cafe will be located.
4. When alcohol is served, written approval from the Department of Revenue for the
expanded area.
5. When alcohol is served, provisions of section 34.05.100.B.IO.a- e remain applicable to
the sidewalk cafe.
For sidewalk cafes serving alcohol, during the period of the temporary permit, the requirements
for a fence found in 34.05.100.B.101, BMC, are replaced with the following requirements of a
barrier:
6. It shall be the sole responsibility of the permittee and their employees to maintain the
integrity and location of the barrier to ensure that it meets all requirements.
The barrier shall:
a. Not encroach on the minimum six foot wide pedestrian zone;
b. Be free standing and not susceptible to tipping;
c. Clearly delineate the space limitations of the sidewalk caf6;
d. Discourage the movement of chairs or tables beyond the delineated area; and
e. Discourage people from entering or leaving the delineated space except at points
of ingress or egress.
A business in the downtown business district must apply for a temporary permit for a sidewalk
cafe through the City of Bozeman Public Works Division. Fees for encroachment permits
authorized by section 34.05.140 BMC are waived during the period of the temporary permit.
Rationale & Intent:
COVID-19 and the public health recommendations surrounding COVID-19, including the need
for social distancing and directives limiting the number of people inside retail food
establishments, have created special conditions for residents, visitors and businesses.
BOZ E MANMT
Public Works
designed to provide a reasonable balance between sidewalk users and business patrons by
regulating and controlling the expanded, temporary private uses of sidewalk cafes and their
encroachment into public rights of way.
This Administrative Policy is hereby adopted and made effective by the Public Works Director,
August 19, 2020.
Reister