HomeMy WebLinkAbout124 - 10/06/2020 - APPROVING UPDATED EMERGENCY RULE AND REGULATION NO. 2020-17A REGARDING TEMPORARY OUTDOOR EXPANSION P
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:
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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.
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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.
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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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24
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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