Temporary Extension of Premises - Retail

Photograph of outdoor clothing rack on sidewalk as example of temporary extension of premises

On June 2, the Common Council adopted a resolution R-2020-0194 in support of temporary relief from enforcement of certain ordinances affecting local businesses.  As the economy re-opens in a COVID-19 environment, safety concerns and social distancing practices will impact how our local businesses operate. To assist with this transition, the City is allowing a variety of businesses to expand their existing operations to the outdoors on a temporary basis (through November 1, 2020). This process will supersede the typical approval process due to critical time constraints. Retail stores (clothing stores, home improvements stores, sporting goods stores, hobby and craft stores, etc.) may offer merchandise outdoors for a temporary period of time under the following general conditions:

1)     Temporary outdoor sales areas must be adjacent to the storefront of the business and currently possess a valid business occupancy permit;

2)     Temporary outdoor sales areas located on private property (such as adjacent walkways, yard areas or parking lots). A clear path of at least 3 feet shall be maintained for pedestrian traffic.  

3)     Temporary outdoor sales areas may be located upon public sidewalk but must comply with the following requirements and may not have items in the public right-of-way for more than 90 days. 

4)     If temporary structures are planned such as tents, shelters, shelving please contact the Department of Building Inspections and Neighborhood Services as permits or special permissions may be required.

5)     Sufficient number of toilet facilities shall be provided to accommodate the total capacity of the permanent and temporary outdoor area. Put another way, please limit the maximum number of people indoors and outdoors to your normal indoor capacity to ensure you have enough toilet facilities.

6)     Any outdoor sales area that extends into a public sidewalk is granted a privilege to place only movable tables, chairs and displays within the area. A business shall maintain a clear path 3 feet wide for pedestrian traffic.

7)     The business assumes primary liability for damages to persons or property. No bond is required. The business is obligated to immediately remove any obstructions upon notice by the city. 

8)     The business is not entitled to damages for removal of an obstruction, and if the business does not remove the obstruction upon notice, it may be removed at the businesses expense.

9)     Third parties whose rights are interfered with by the granting of a privilege have a right of action against the business only.