COVID-19: Outdoor commerce and dining

The City offers several options for permitting these activities in the public-right-of-way.

• COVID-19 requirements & operating standards
• Permits for outdoor commerce and dining
• Technical assistance

COVID-19 requirements and operating standards

All businesses operating for outdoor commerce and dining must comply with state and local COVID-19 safety measures. Specifically, they must:

• Prepare and post a site-specific protection plan. Use City guidance on preparing your plan and a fillable site-specific protection plan template.
• Abide by industry-specific standards listed in Appendix C of the Health Order
• Comply with relevant industry guidance from the State of California

Find more information on COVID-19 requirements for businesses, including downloadable signage on face coverings and social distancing, on our guidance and materials for businesses webpage.

Restaurants

Restaurants providing outdoor dining must have all necessary permits to provide outdoor food service and comply with safety guidelines provided by Environmental Health.

Additionally, restaurants must ensure outdoor dining areas to support social distancing mandates:

• arrange tables so that no customer is sitting within six feet of any customer at a separate table
• lines for pickup or takeaway service must be in a separate area from the outdoor dining
• host stands must be located at the entry of the outdoor dining area so as to prohibit patrons from unnecessarily walking through the outdoor dining area
• alcohol may only be sold in conjunction with a meal
• bar areas must remain closed to customers
• patrons are required to wear a face covering except when eating at a dining table
• entertainment events are not allowed

Permits for outdoor commerce and dining

The City offers three types of permits that can be used to allow expanded outdoor commerce and dining in the public right-of-way. To support local businesses during the pandemic, the City has streamlined the permitting process. These changes were adopted by the City Council on June 16, 2020.

• Street Closure/Outdoor Commerce Permit
• Sidewalk Seating
• Parklets

The Office of Economic Development is available to assist applicants who are trying to determine which program best meets their functional needs.

Street Closure Permit

A street closure permit allows the use of a full travel lane. This can be used for outdoor dining or other outdoor commerce.

Individual businesses may apply for a street closure permit independently. Businesses or merchant groups may also work collaboratively on a shared application to close one or more blocks to traffic.

Street closure applicants will need to:

• demonstrate an adequate circulation or traffic control plan
• provide an ADA-compliant path of travel throughout the event
• provide access to restrooms and handwashing facilities

Associated sound and food permits related to outdoor commerce street closures are coordinated between the Special Events office and the Environmental Health division. An application should begin with the street closure permit first.

A note on block parties: Block party permits are for residential use only and cannot be used for commercial applications. All commercial applications, including religious gatherings, must obtain a street closure special event permit.

Sidewalk Seating Permit

For applicants wishing to serve food and/or alcohol or increase their outdoor dining capacity a sidewalk seating application is likely the most appropriate.

You will need to complete the following steps for your application:

1. Create a site plan
2. Provide certificate of liability insurance
3. Submit application to planningpermits@cityofberkeley.info

This permitting process flow chart provides an overview of the application process.

Parklets

For applicants that may want to provide extra outdoor space for queuing, or "to-go" food consumption, construction of a parklet may be a better fit.

You will need to complete the following steps for your application:

1. Create a site plan
2. Provide certificate of liability insurance
3. Submit attached application to permits@cityofberkeley.info

Technical assistance with design and permitting

City of Berkeley staff are prepared to work with applicants once an initial application (even if incomplete) has been submitted.

Office of Economic Development staff are also available for scheduled pre-application site visits to provide feedback and discuss options for sidewalk seating, parklets, and street closures. To schedule an appointment, email oedmailbox@cityofberkeley.info using the subject line "Outdoor commerce site visit request."

Last updated June 23, 2020