HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2020 - EMERGENCY ORDINANCE NO. 124, 2020, APPROVING UPDAT Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Chad Crager, PDT Interim Deputy Director
Claire Havelda, Legal
SUBJECT
Emergency Ordinance No. 124, 2020, Approving Updated Emergency Rule and Regulation No. 2020-17A
Regarding Temporary Outdoor Expansion Permits.
EXECUTIVE SUMMARY
The purpose of this item is to update Emergency Rule and Regulation No. 2020-17 enacted by the City
Manager on May 28, 2020, in response to the COVID-19 emergency. Section 2-671(a)(6)a. of the City Code
provides that emergency rules and regulations must be confirmed at the earliest practical time by Council.
This Emergency Ordinance seeks Council’s approval and ratification of Updated Emergency Rule and
Regulation No. 2020-17A, replacing Regulation No. 2020-17 and extending Outdoor Expansion Permits to
terminate when the declared local emergency ends (rather than September 27, 2020 as currently provided).
The City Charter provides for the adoption of emergency ordinances as immediately necessary, to preserve
the public property, health, peace, or safety, and requires that for adoption an emergency ordinance must be
approved by an affirmative vote of five Councilmembers.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance.
BACKGROUND / DISCUSSION
The City continues to be threatened with serious injury and damage, consisting of widespread human and
economic impact caused by the Novel Coronavirus 2019 (COVID-19). On March 13, 2020, in order to
undertake emergency measures to protect the life, health, safety and property of the citizens of the City and
persons conducting business therein, and in order to attempt to minimize the loss of human life and the
preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the
Emergency Operations Plan established pursuant to Section 2-673 of the City Code. Council extended the
local emergency until such time as the City Manager determines in writing that the conditions justifying the
local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20, 2020.
Council has since adopted Emergency Regulation No. 2020-017, authorizing the City Engineer to approve
temporary outdoor expansion permits for fixed eating, drinking and retail establishments, on public and private
property, subject to certain conditions. Staff proposes to amend the end date of this emergency regulation to
coincide with the termination of the declared local emergency by the City. Additional amendments include a
provision relating to the winterization of the outdoor spaces, including weather protection barriers and heating
elements and authorizing the City Engineer to set closing times for outdoor space consistent with other legal
requirements (like State liquor licensing requirements). (Attachment 1-2)
Agenda Item 11
Item # 11 Page 2
Extension of Emergency Outdoor Permits was requested by the majority of local business owners currently
utilizing the program. This Emergency Regulation has been a vital component in supporting local business
owners during the COVID-19 pandemic.
ATTACHMENTS
1. Emergency Regulation 2020-17A - Redline Comparison (PDF)
2. Exhibit A - Redline Comparison (PDF)
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
UPDATED EMERGENCY RULES AND REGULATIONS No. 2020-
1717A
Regarding Temporary Outdoor Expansion Permits
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the
authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which
declaration of local emergency was filed with the City Clerk and with the Colorado Division of
Emergency Management on March 13, 2020, and extended by City Council adoption of Resolution
2020-030 on March 20, 2020, I have hereby established, under the authority of City Code Section 2-
671(a)(6)a, the following rules and regulations:
1. The purpose of this Emergency Regulation is to authorize the City EngineerThe purpose of
this Updated Emergency Regulation is to replace Emergency Rule and Regulation No. 2020-
17 (“Regulation No. 2020-17”), signed on May 28, 2020. This Updated Emergency Regulation
No. 2020-17A will become effective on signature and shall govern all “Outdoor Expansion
Permits” whether issued under Regulation No. 2020-17 or this Updated Emergency Regulation
No. 2020-17A. The City Engineer is hereby authorized to approve temporary outdoor
expansion permits (“Outdoor Expansion Permit” or “Permit”) to fixed restaurants, liquor
licensed establishments, and retail establishments within the Fort Collins City limits that
otherwise meet all applicable Colorado (“State”), Larimer County (“County”), and City
requirements for operation and are authorized to be open for public service (with or without a
Permit) (“Eligible Establishments”), subject to certain requirements. Neither food trucks nor
outdoor vendors qualify as Eligible Establishments since they have no fixed location.
2. The purpose of the Permit is to allow Eligible Establishments to temporarily expand their
existing premises into a defined area (the “Expansion Area”) on City or private property
adjacent to or in the immediate vicinity of their fixed location, thereby facilitating the ability
of the Establishment to conduct business while maintaining required physical or social
distancing and safety for the public when an Eligible Establishment resumes public service and
operates as permitted by State and County public health regulations. City property available
for an Expansion Area is limited to City rights-of-way, including sidewalks, streets, and
parking spaces or lots.
ATTACHMENT 1
Emergency Rules and Regulations No. 2020-1717A
May 28September 18, 2020
Page 2 of 6
3. Applicants for the Outdoor Expansion Permits must comply with all current and applicable
State, County, and local regulations to be considered for approval. Such regulations include,
but are not limited to:
a. State Emergency Regulations 47-302 1 C.C.R. 203-2 which allows for on-premises
liquor licenses to temporarily expand their licensed premises into sidewalks, streets,
and parking lots to increase social distancing measures;
b. State and County Public Health Orders, State Executive Orders and other State and
County emergency orders in effect from time to time; and
c. Other local rules and regulations.
4. A City Outdoor Expansion Permit issued under this Emergency Regulation does not authorize
or license the service of alcohol in the Expansion Area. Applicants wishing to serve alcohol
in an Expansion Area are responsible for obtaining from the local and State liquor
licensing authority approval for any modification to an existing liquor license necessary
to permit liquor service in the Expansion Area.
5. An Outdoor Expansion Permit issued under this Emergency Regulation is expressly subject to
all Terms, Conditions and Procedural Requirements set forth on the Updated Exhibit A
attached hereto.
6. An Outdoor Expansion Permit issued under this Emergency Regulation shall be effective only
when the Eligible Establishment is otherwise permitted to be open to the public under
applicable State, County, and City regulations.
7. Outdoor Expansion Permit applications shall be submitted and processed as follows:
a. Applications shall be submitted to via the City’s website at
https://www.surveygizmo.com/s3/5608953/Fort-Collins-Outdoor-Dining-
Encroachment-Application.
b. The permit application will also require verification b y the applicant satisfactory to
the City Engineer that the proposed operation is in compliance with all applicable
State and County regulations for operation of the Eligible Establishment and has
obtained or prior to operation will obtain all State and Co unty approvals or permits
required for operation of the Eligible Establishment. Applicants will be notified of the
issuance or denial of a Permit at and any issued Permit shall be delivered by email to
the email address set forth on the application.
c. Receipt of an email from the City Engineer initially approving the map and set-up
reflected in the application will permit the applicant to set up the Expansion Area as
shown on the application. Before operating in the Expansion Area, the applicant must
email one or more photos of the completed set-up to the City Engineer to verify it
complies with proposed set-up in application and plans. The City Engineer or their
Emergency Rules and Regulations No. 2020-1717A
May 28September 18, 2020
Page 3 of 6
designee may inspect the Expansion Area in person at any time, in their discretion, to
verify compliance. Upon the City Engineer’s approval and issuance of Permit, the
applicant may then occupy the Expansion Space.
8. Outdoor Expansion Permit applications will be reviewed by relevant City Departments and
ultimately approved or denied by the City Engineer in consultation with Poudre Fire Authority.
In order to approve an application, the City Engineer must determine that granting an
application would not be detrimental to the public good and that:
a. The Eligible Establishment meets all applicable City requirements for operating.
b. Any requested closure of a public right-of-way or publicly accessible portions of
private property such as sidewalks, parking spaces and drive aisles to accommodate
the expansion of an establishment can be done in a manner that:
i. Ensures the closure is safe;
ii. Sufficiently mitigates impacts to the public’s ability to safely and
conveniently bypass the proposed closure; and
iii. Complies with all applicable laws including, but not limited to, the
American with Disabilities Act (ADA).
c. Any requested expansion into the public right-of-way or onto private property:
i. Maintains adequate emergency access to the Eligible Establishment and
other properties in the vicinity; and
ii. Is compatible with the activities, whether commercial, industrial, or
residential, being conducted on properties in the vicinity of the establishment.
9. The City Engineer’s decision to issue or deny a requested Permit is final and not subject to any
administrative or other appeal to the City. If a Permit is denied the applicant may reapply based
on the comments provided by the City Engineer. There will likely be some instances where the
City will not be able to approve a proposed Expansion Area based on safety and/or
compatibility issues.
10. Outdoor Expansion Permits will be issued to an Eligible Establishment on an individual basis
and are non-transferable and site specific. The City Engineer has the discretion to impose site
specific conditions on any Outdoor Expansion Permit in order to assure compliance with the
requirements set forth above and to protect public safety.
11. Outdoor Expansion Permits are revocable and subject to the following provisions regarding
termination:
a. All Outdoor Expansion Permits will terminate on the earlier ofat the termination of the
declared local emergency .
Emergency Rules and Regulations No. 2020-1717A
May 28September 18, 2020
Page 4 of 6
a.b. Eligible establishments wishing to erect weather protection barriers, heating equipment
or September 27, 2020.any additions to their currently permitted Outdoor Expansion
Area must submit an updated plan to the City Engineer which must be approved prior
to the addition of such items. All furniture, fixtures and equipment (“FF&E”) shall be
removed and damagedamaged repaired by the Eligible Establishment on or before
October 4, 2020, unless terminated sooner. within two-weeks of the termination of this
Emergency Regulation.
b.c. Permits are revocable at any time by the City Engineer prior to the date above in the
discretion of the City Engineer with or without cause after ten (10) days’ notice, except
that the City Engineer may summarily suspend or terminate any Permit without ten
(10) days’ advance notice in the interest of public health or safety.
i. Any notice of revocation of the Permit will be sent by email to the
Establishment’s email address on the Permit application.
ii. The Eligible Establishment shall terminate operation in the Expansion Area
immediately after receipt of notice revoking the Permit and remove all FF&E
from and repair all damage to the Expansion Area within 48 hours of receipt of
such notice.
12. ApprovedAn approved Outdoor Expansion Permits arePermit is intended to be a stand-alone
permit for the Expansion Area and will temporarily supersede conflicting provisions of the
Municipal Code and Land Use Code requiring other permits or approvals for the use of the
Expansion Area on public or private property expressly authorized by a Permit, including but
not limited to:
a. City Code Chapter 5 - Buildings and Building Regulation.
b. City Code Chapter 15 - Licenses and Business Regulations: Article XIII: Section 15
Right of Way Contractors and Article XIV: Section 15 Outdoor Vendors.
c. City Code Chapter 23 - Public Property: Article III: Section 23 Obstructions and
Encroachments, Divisions 1 (General), 2 (Obstructions) and 3(Encroachments).
d. City Code Chapter 23 - Public Property: Article IV: Section 23 Disposition of Property,
Division 2 – Real Property.
e. City Code Chapter 24 Streets and Sidewalks: Article II: Section 24 – Sidewalk,
Division 2 – Sidewalks, Curbs, Gutters; Article II: Section 24 Streets, Article IV:
Section 24 Portable Signs.
f. City of Fort Collins Land Use Code Articles 3 and 4.
13. I find that this emergency ruleUpdated Emergency Rule and regulationRegulation No. 2020-
17A is reasonable and necessary to promote public safety and support economic recovery
caused by the COVID-19 Pandemic. This emergency ruleEmergency Rule and
Emergency Rules and Regulations No. 2020-1717A
May 28September 18, 2020
Page 5 of 6
regulationRegulation promotes the health, safety and welfare of the public because it will
provide an expedited way for the City’s economy to recover, bolster the economic health of
residents, and ensure public health and safety concerns are prioritized.
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general circulation
within the City. A knowing violation of these rules and regulations shall be a misdemeanor punishable
under Section 1-15 of the City Code.
DATED this ____ day of MaySeptember, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
Emergency Rules and Regulations No. 2020-1717A
May 28September 18, 2020
Page 6 of 6
Emergency Regulation
2020-1717A Exhibit A
Outdoor Expansion Permit Applications U mustU include:
1. A map with of the proposed Expansion Area showing specific areas, defined boundaries,
dimensions and distances from the Eligible Establishment’s existing premises, and the location
of all furniture, fixtures, and equipment to be located within the Expansion Area. All seating
shall be at least six (6) feet apart and accommodate not more than eight (8) people at a single
table.
2. Where applicable, written approval signed by the owner of private property included in any
proposed Expansion Area.
3. A certificate of insurance naming the City as an additional insured with respect to the Eligible
Establishment’s use of City property, including comprehensive general and where applicable
liquor liability insurance in an amount not less than $1M per occurrence.
4. A verification satisfactory to the City Engineer by the applicant that it is in compliance with all
applicable State and County for operation of the Eligible Establishment and has obtained or
prior to operation will obtain all State and County approvals or permits required for operation
of the Establishment.
U Terms & Conditions of Operation
1. Receipt of an email from the City Engineer initially approving the map and set-up reflected in the
application will permit the applicant to set up the Expansion Area as shown on the application.
Before operating in the Expansion Area, the applicant must email one or more photos of the
completed set-up to the City Engineer to verify it complies with proposed set-up in application
and plans. The City Engineer or their designee may inspect the Expansion Area in person at any
time, in their discretion, to verify compliance. Upon the City Engineer’s approval and issuance of
Permit, the applicant may then occupy the Expansion Space.
2. The City Engineer must approve any changes to the site plan before the Eligible Establishment
makes the proposed modifications. This includes, but is not limited to, modifications that provide
heat and shelter.
2.3. The City shall be responsible for placing barriers on City rights-of-way between the Expansion Area
and streets open for City traffic.
3.4. The Eligible Establishment shall be responsible for providing all temporary, free-standing and
movable furniture fixtures and equipment (FF&E) and temporary fencing or other boundary
makings and/or controls necessary for use of the Expansion Area. No permanent or affixed FF&E
is allowed. All FF&E and other personal property placed in the Expansion Area shall remain the
sole property of the Eligible Establishment and the Eligible Establishment shall place such property
on City Expansion Area at its own risk. The City shall have no liability for loss or damage to such
property and the Eligible Establishment waives all claims against the City for such loss or damage.
4.5. The Eligible Establishment must staff, monitor, and maintain the Expansion Area, including
keeping the Expansion Area free of snow, trash and food scraps, clean, sanitized and adequately
maintained in compliance with all applicable State, County and City regulations.
5.6. Electrical, building or fire permits may be required as reflected on the issued Permit.
6.7. The Eligible Establishment shall not permit the Expansion Area to be used for: a) standing areas
that encourage people to congregate; b) outdoor entertainment; or c) pets except service animals
per ADA.
8. The City Engineer will determine when Eligible EstablishmentEstablishments must close the
Expansion Area no later 11 p.m.,in consideration of, and compliance with table service ending at 10
p.m, State, County, and City regulations. The City Engineer will
ATTACHMENT 2
7. provide reasonable notice of relevant closing times. The Eligible Establishment may set other
hours for permanent portions of the business (indoor and existing permanent patios) as permitted by
State, County and City regulations.
8.9. The Establishment shall comply with all other provisions of Emergency Regulation No. 2020-1717A.
-1-
EMERGENCY ORDINANCE NO. 124, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING UPDATED EMERGENCY RULE AND REGULATION NO. 2020-17A
REGARDING TEMPORARY OUTDOOR EXPANSION PERMITS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030 extended the
City Manager the local emergency until such time as the City Manager determines in writing that
the conditions justifying the local emergency no longer exist; and
WHEREAS, on May 28, 2020, through Emergency Rule and Regulation No. 2020-17
(Regulation 2020-17), the City Manager authorized Temporary Outdoor Expansion Permits
allowing local businesses to temporarily expand their business footprint onto City or private
property adjacent to or in the immediate vicinity of their fixed location to accommodate greater
social distancing at their establishments and providing that such Permits expire on the earlier of
September 27, 2020, or termination of the declared local emergency by the City; and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
social distancing to reduce its transmission; and
WHEREAS, Updated Emergency Rule and Regulation 2020-17A (Regulation 2020-17A)
will extend Outdoor Expansion Permits through the termination of the declared local emergency
by the City and make other amendments related to winterization of these outdoor spaces if the
City Engineer approves additional weather protection barriers and heating elements; and
WHEREAS, Regulation 2020-17 had a significant positive impact in supporting the local
economy while maintaining social distancing during the pandemic; and
WHEREAS, City Council finds it in the best interests of the Fort Collins residents to
approve Regulation No. 2020-17A that modifies the terms of the original regulation to include
-2-
weather barriers and heating components, and extends the termination of Outdoor Expansion
Permits until termination of the declared local emergency by the City; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above and finds that an emergency exists for the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to approve
Emergency Regulation 2020-17A (attached hereto). The COVID-19 emergency continues to
pose a threat to human life (requiring social distancing), property and the economic health of the
community and requires mitigation.
Section 2. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance in accordance with the Fort Collins City Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 6th day
of October 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
UPDATED EMERGENCY RULES AND REGULATIONS No. 2020-17A
Regarding Temporary Outdoor Expansion Permits
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the
authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which
declaration of local emergency was filed with the City Clerk and with the Colorado Division of
Emergency Management on March 13, 2020, and extended by City Council adoption of Resolution
2020-030 on March 20, 2020, I have hereby established, under the authority of City Code Section 2-
671(a)(6)a, the following rules and regulations:
1. The purpose of this Updated Emergency Regulation is to replace Emergency Rule and
Regulation No. 2020-17 (“Regulation No. 2020-17”), signed on May 28, 2020. This Updated
Emergency Regulation No. 2020-17A will become effective on signature and shall govern all
“Outdoor Expansion Permits” whether issued under Regulation No. 2020-17 or this Updated
Emergency Regulation No. 2020-17A. The City Engineer is hereby authorized to approve
temporary outdoor expansion permits (“Outdoor Expansion Permit” or “Permit”) to fixed
restaurants, liquor licensed establishments, and retail establishments within the Fort Collins
City limits that otherwise meet all applicable Colorado (“State”), Larimer County (“County”),
and City requirements for operation and are authorized to be open for public service (with or
without a Permit) (“Eligible Establishments”), subject to certain requirements. Neither food
trucks nor outdoor vendors qualify as Eligible Establishments since they have no fixed
location.
2. The purpose of the Permit is to allow Eligible Establishments to temporarily expand their
existing premises into a defined area (the “Expansion Area”) on City or private property
adjacent to or in the immediate vicinity of their fixed location, thereby facilitating the ability
of the Establishment to conduct business while maintaining required physical or social
distancing and safety for the public when an Eligible Establishment resumes public service and
operates as permitted by State and County public health regulations. City property available
for an Expansion Area is limited to City rights-of-way, including sidewalks, streets, and
parking spaces or lots.
3. Applicants for the Outdoor Expansion Permits must comply with all current and applicable
State, County, and local regulations to be considered for approval. Such regulations include,
but are not limited to:
DocuSign Envelope ID: 2ED15B0F-C745-452E-87DC-6219086C8119
EXHIBIT A
Emergency Rules and Regulations No. 2020-17A
September 24, 2020
Page 2 of 4
a. State Emergency Regulations 47-302 1 C.C.R. 203-2 which allows for on-premises
liquor licenses to temporarily expand their licensed premises into sidewalks, streets,
and parking lots to increase social distancing measures;
b. State and County Public Health Orders, State Executive Orders and other State and
County emergency orders in effect from time to time; and
c. Other local rules and regulations.
4. A City Outdoor Expansion Permit Udoes not Uauthorize or license the service of alcohol in the
Expansion Area. UApplicants wishing to serve alcohol in an Expansion Area are
responsible for obtaining from the local and State liquor licensing authority approval for
any modification to an existing liquor license necessary to permit liquor service in the
Expansion Area.
5. An Outdoor Expansion Permit is expressly subject to all Terms, Conditions and Procedural
Requirements set forth on the Updated Exhibit A attached hereto.
6. An Outdoor Expansion Permit shall be effective only when the Eligible Establishment is
otherwise permitted to be open to the public under applicable State, County, and City
regulations.
7. Outdoor Expansion Permit applications shall be submitted and processed as follows:
a. Applications shall be submitted to via the City’s website at
28TUhttps://www.surveygizmo.com/s3/5608953/Fort-Collins-Outdoor-Dining-
Encroachment-ApplicationU28 T.
b. The permit application will also require verification by the applicant satisfactory to
the City Engineer that the proposed operation is in compliance with all applicable
State and County regulations for operation of the Eligible Establishment and has
obtained or prior to operation will obtain all State and County approvals or permits
required for operation of the Eligible Establishment. Applicants will be notified of the
issuance or denial of a Permit at and any issued Permit shall be delivered by email to
the email address set forth on the application.
c. Receipt of an email from the City Engineer initially approving the map and set-up
reflected in the application will permit the applicant to set up the Expansion Area as
shown on the application. Before operating in the Expansion Area, the applicant must
email one or more photos of the completed set-up to the City Engineer to verify it
complies with proposed set-up in application and plans. The City Engineer or their
designee may inspect the Expansion Area in person at any time, in their discretion, to
verify compliance. Upon the City Engineer’s approval and issuance of Permit, the
applicant may then occupy the Expansion Space.
8. Outdoor Expansion Permit applications will be reviewed by relevant City Departments and
ultimately approved or denied by the City Engineer in consultation with Poudre Fire Authority.
DocuSign Envelope ID: 2ED15B0F-C745-452E-87DC-6219086C8119
Emergency Rules and Regulations No. 2020-17A
September 24, 2020
Page 3 of 4
In order to approve an application, the City Engineer must determine that granting an
application would not be detrimental to the public good and that:
a. The Eligible Establishment meets all applicable City requirements for operating.
b. Any requested closure of a public right-of-way or publicly accessible portions of
private property such as sidewalks, parking spaces and drive aisles to accommodate
the expansion of an establishment can be done in a manner that:
i. Ensures the closure is safe;
ii. Sufficiently mitigates impacts to the public’s ability to safely and
conveniently bypass the proposed closure; and
iii. Complies with all applicable laws including, but not limited to, the
American with Disabilities Act (ADA).
c. Any requested expansion into the public right-of-way or onto private property:
i. Maintains adequate emergency access to the Eligible Establishment and
other properties in the vicinity; and
ii. Is compatible with the activities, whether commercial, industrial, or
residential, being conducted on properties in the vicinity of the establishment.
9. The City Engineer’s decision to issue or deny a requested Permit is final and not subject to any
administrative or other appeal to the City. If a Permit is denied the applicant may reapply based
on the comments provided by the City Engineer. There will likely be some instances where the
City will not be able to approve a proposed Expansion Area based on safety and/or
compatibility issues.
10. Outdoor Expansion Permits will be issued to an Eligible Establishment on an individual basis
and are non-transferable and site specific. The City Engineer has the discretion to impose site
specific conditions on any Outdoor Expansion Permit in order to assure compliance with the
requirements set forth above and to protect public safety.
11. Outdoor Expansion Permits are revocable and subject to the following provisions:
a. All Outdoor Expansion Permits will terminate at the termination of the declared local
emergency.
b. Eligible establishments wishing to erect weather protection barriers, heating equipment
or any additions to their currently permitted Outdoor Expansion Area must submit an
updated plan to the City Engineer which must be approved prior to the addition of such
items. All furniture, fixtures and equipment (“FF&E”) shall be removed and damaged
repaired by the Eligible Establishment within two-weeks of the termination of this
Emergency Regulation.
c. Permits are revocable at any time by the City Engineer prior to the date above in the
discretion of the City Engineer with or without cause after ten (10) days’ notice, except
that the City Engineer may summarily suspend or terminate any Permit without ten
(10) days’ advance notice in the interest of public health or safety.
DocuSign Envelope ID: 2ED15B0F-C745-452E-87DC-6219086C8119
Emergency Rules and Regulations No. 2020-17A
September 24, 2020
Page 4 of 4
i. Any notice of revocation of the Permit will be sent by email to the
Establishment’s email address on the Permit application.
ii. The Eligible Establishment shall terminate operation in the Expansion Area
immediately after receipt of notice revoking the Permit and remove all FF&E
from and repair all damage to the Expansion Area within 48 hours of receipt of
such notice.
12. An approved Outdoor Expansion Permit is intended to be stand-alone permit for the Expansion
Area and will temporarily supersede conflicting provisions of the Municipal Code and Land
Use Code requiring other permits or approvals for the use of the Expansion Area on public or
private property expressly authorized by a Permit, including but not limited to:
a. City Code Chapter 5 - Buildings and Building Regulation.
b. City Code Chapter 15 - Licenses and Business Regulations: Article XIII: Section 15
Right of Way Contractors and Article XIV: Section 15 Outdoor Vendors.
c. City Code Chapter 23 - Public Property: Article III: Section 23 Obstructions and
Encroachments, Divisions 1 (General), 2 (Obstructions) and 3(Encroachments).
d. City Code Chapter 23 - Public Property: Article IV: Section 23 Disposition of Property,
Division 2 – Real Property.
e. City Code Chapter 24 Streets and Sidewalks: Article II: Section 24 – Sidewalk,
Division 2 – Sidewalks, Curbs, Gutters; Article II: Section 24 Streets, Article IV:
Section 24 Portable Signs.
f. City of Fort Collins Land Use Code Articles 3 and 4.
13. I find that this Updated Emergency Rule and Regulation No. 2020-17A is reasonable and
necessary to promote public safety and support economic recovery caused by the COVID-19
Pandemic. This Emergency Rule and Regulation promotes the health, safety and welfare of the
public because it will provide an expedited way for the City’s economy to recover, bolster the
economic health of residents, and ensure public health and safety concerns are prioritized.
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general circulation
within the City. A knowing violation of these rules and regulations shall be a misdemeanor punishable
under Section 1-15 of the City Code.
DATED this ____ day of September, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
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Emergency Regulation 2020-17A
Exhibit A
UProcedural Requirements
Outdoor Expansion Permit Applications UmustU include:
1. A map with of the proposed Expansion Area showing specific areas, defined boundaries,
dimensions and distances from the Eligible Establishment’s existing premises, and the location
of all furniture, fixtures, and equipment to be located within the Expansion Area. All seating
shall be at least six (6) feet apart and accommodate not more than eight (8) people at a single
table.
2. Where applicable, written approval signed by the owner of private property included in any
proposed Expansion Area.
3. A certificate of insurance naming the City as an additional insured with respect to the Eligible
Establishment’s use of City property, including comprehensive general and where applicable
liquor liability insurance in an amount not less than $1M per occurrence.
4. A verification satisfactory to the City Engineer by the applicant that it is in compliance with all
applicable State and County for operation of the Eligible Establishment and has obtained or
prior to operation will obtain all State and County approvals or permits required for operation
of the Establishment.
UTerms & Conditions of Operation
1. Receipt of an email from the City Engineer initially approving the map and set-up reflected in the
application will permit the applicant to set up the Expansion Area as shown on the application.
Before operating in the Expansion Area, the applicant must email one or more photos of the
completed set-up to the City Engineer to verify it complies with proposed set-up in application
and plans. The City Engineer or their designee may inspect the Expansion Area in person at any
time, in their discretion, to verify compliance. Upon the City Engineer’s approval and issuance of
Permit, the applicant may then occupy the Expansion Space.
2. The City Engineer must approve any changes to the site plan before the Eligible Establishment
makes the proposed modifications. This includes, but is not limited to, modifications that provide
heat and shelter.
3. The City shall be responsible for placing barriers on City rights-of-way between the Expansion
Area and streets open for City traffic.
4. The Eligible Establishment shall be responsible for providing all temporary, free-standing and
movable furniture fixtures and equipment (FF&E) and temporary fencing or other boundary
makings and/or controls necessary for use of the Expansion Area. No permanent or affixed FF&E
is allowed. All FF&E and other personal property placed in the Expansion Area shall remain the
sole property of the Eligible Establishment and the Eligible Establishment shall place such property
on City Expansion Area at its own risk. The City shall have no liability for loss or damage to such
property and the Eligible Establishment waives all claims against the City for such loss or damage.
5. The Eligible Establishment must staff, monitor, and maintain the Expansion Area, including
keeping the Expansion Area free of snow, trash and food scraps, clean, sanitized and adequately
maintained in compliance with all applicable State, County and City regulations.
6. Electrical, building or fire permits may be required as reflected on the issued Permit.
7. The Eligible Establishment shall not permit the Expansion Area to be used for: a) standing areas
that encourage people to congregate; b) outdoor entertainment; or c) pets except service animals
per ADA.
8. The City Engineer will determine when Eligible Establishments must close the Expansion Area in
consideration of, and compliance with, State, County, and City regulations. The City Engineer will
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provide reasonable notice of relevant closing times. The Eligible Establishment may set other hours
for permanent portions of the business (indoor and existing permanent patios) as permitted by State,
County and City regulations.
9. The Establishment shall comply with all other provisions of Emergency Regulation No. 2020-17A.
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