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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-3. ADMINISTRATIVE PROCEDURES FOR SIDEWALK CAFES |
Section 24-399. DEFINITIONS
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399.1When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless the text or context of the particular section, subsection, or paragraph provides otherwise:
Act - the "Enclosed Sidewalk Cafe Act of 1982," effective September 16, 1982 (D.C. Law 4-148), as amended.
Alter or alteration - a change in the design or configuration of either the exterior or interior of a sidewalk café or its site; including, but not limited to, railings, walls, roof, awning, sign, or flooring.
Applicant - a person who is applying for or who has obtained a permit.
Awning or canopy - a temporary roof-like structure over a sidewalk café attached to, supported from, or contiguous to a restaurant.
Building Permit - a permit issued by the Director of Consumer and Regulatory Affairs for the construction, reconstruction, or alteration of an enclosed sidewalk café.
Certificate of Use - a one (1) year renewable certificate, issued upon the recommendation of the Director by the Director of Consumer and Regulatory Affairs, authorizing the use of public space for the purpose of operating a sidewalk café.
Chairperson - the Chairperson of the Public Space Committee.
Clear sidewalk space - the area within a sidewalk that is free from any obstruction and retained solely for the flow, passage, and circulation of pedestrians.
Combustible materials - any material made of or surfaced with wood, canvas, compressed paper, or other material that will ignite and burn. Material shall be considered as combustible even though flame-proofed, fire-retardant treated, or plastered. A material that does not meet the requirements of ASTM E136 shall be classified as a combustible material.
D.C. Building Code- Title 12-A of the District of Columbia Municipal Regulations, "Building Code Supplement," as amended.
D.C. Electrical Code - Title 12-C of the District of Columbia Municipal Regulations, "Electrical Code Supplement," as amended.
D.C. Fire Code - Title 12-H of the District of Columbia Municipal Regulations.
D.C. Police Regulations - the "District of Columbia Police Regulations," as amended.
D.C. Vehicles and Traffic Regulations - Title 18 of the District of Columbia Municipal Regulations, "Vehicles and Traffic," as amended.
Department - the District of Columbia Department of Public Works. [D.C. Law 8-31].
Design - the exterior features of a sidewalk café, including, but not limited to, height, depth, width, appearance, texture, color, dimensions, and nature of materials and signing; and the interior features, including, but not limited to, the table layout, the flooring, the lighting, and the width and the location of aisles and doorways.
Director - the Director of the Department of Public Works, or his or her designated agent.
Director, DCRA - the Director of the Department of Consumer and Regulatory Affairs, or his or her designated agent.
District - The District of Columbia.
Enclosed sidewalk café - any authorized enclosure of public space as a temporary structure adjacent to a restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop that consists of no more than one (1) story constructed primarily of light, incombustible, or fire-resistant materials, which does not restrict egress from the properties abutting the restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop adjacent to the sidewalk café, and which is able to be removed within a twenty-four (24) hour period.
Fast food establishment – a place of business, other than a “prepared food shop”, where food is prepared on the premises and sold to customers for consumption and at least one of the following conditions apply:
(a)The premises include a drive-through;
(b) Customers pay for the food before it is consumed. One characteristic that would satisfy this element would be building permit plans that depict a service counter without seating unless the applicant certifies that the intended principal use is for a restaurant or grocery and that the counter is part of a carry out service that is clearly subordinate to that principal use; or
(c)Food is served on/in anything other than non-disposable tableware. Characteristics that would satisfy this element include, but are not limited to: the building permit plans do not depict a dishwasher or do depict trash receptacles in public areas.
A proposed or existing establishment meeting this definition shall not be deemed to constitute any other use permitted under the authority of these regulations, except that a restaurant, grocery store, movie theater, or other use providing carryout service that is clearly subordinate to its principal use, shall not be deemed a fast food establishment.
Fee - the fee for a Sidewalk Café Permit, a Building Permit, a Certificate of Use, or the public space rental.
Fire Chief - the Fire Chief of the District of Columbia, or the Fire Chief’s designated agent.
Fire-resistant materials - any material that is flame-proof or fire-retardant, pursuant to the applicable law, rule, or regulation.
Incombustible materials - materials meeting the requirements of ASTM E136-73.
Obstruction - Any physical object, item, material, or structure.
Owner - the holder of the legal title to real property as recorded in the Office of the Recorder of Deeds in the Department of Finance and Revenues of the District of Columbia.
Prepared food – food that is assembled, but not heated by means other than microwave or toaster, on the premises of a prepared food shop.
Prepared food shop – a place of business that offers seating or carry out service, or both, and which is principally devoted to the sale of prepared food, non-alcoholic beverages, or cold refreshments. This term includes an establishment known as a sandwich shop, coffee shop, or an ice cream parlor.
Police Chief - the Police Chief of the District of Columbia Metropolitan Police Department, or the Police Chiefs designated agent.
Public space - all the publicly owned property between the property lines on a street.
Public Space Committee - the committee established for the purpose of making final determinations in cases involving the use of public space as specified by Mayor's Order No. 77-150, as amended.
Restaurant – a place of business that does not meet the definition of a “fast food establishment” or “prepared food shop”, where food, drinks, or refreshments are prepared and sold to customers primarily for consumption on the premises. Any facilities for carryout shall be clearly subordinate to the principal use providing prepared foods for consumption on the premises.
Sidewalk - the portion of surface space located between the curb line and the building line intended for the use of pedestrians.
Sidewalk café - an enclosed sidewalk café or an unenclosed sidewalk café.
Sidewalk Café Permit - a revocable permit, issued by the Director of Consumer and Regulatory Affairs upon the recommendation of the Public Space Committee and pursuant to the provisions of this chapter and Chapter 2 of this title (Article 43 of D.C. Police Regulations), authorizing the use and occupation of public space in the District of Columbia.
Surface space - all space between the building line and the curb, regardless of whether the space is paved or unpaved.
Unenclosed sidewalk café - any authorized use of public space adjacent to a restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop that contains tables, chairs, railing, or planters which is open to the sky and at the sides, but may include awnings or umbrellas, and which is able to be removed within a twenty-four (24) hour period.