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Temporary Outdoor Dining Program - Response to COVID-19

The  City Council has approved the creation of a temporary outdoor dining and alcohol consumption program to support restaurants who wish to expand outdoor dining areas to comply with the Governor's order to limit occupancy inside restaurants.  The program will be accomplished by applying for an Emergency Declaration Temporary Outdoor Dining Administrative Temporary Use Permit (ATUP) at no fee to qualified restaurant owners. An application for a temporary extension of liquor to cover the same expanded dining area can be combined with the ATUP application, but also needs to be approved by Department of Liquor License and Control.

Program Information:

The City of Phoenix's Local Emergency Declaration (in response to the COVID-19 Pandemic) was declared on March 20, 2020. Restaurants located within a zoning district that permits outdoor dining and alcohol consumption will be able to expand an existing outdoor dining area without a use-permit hearing if the restaurant owner secures an Emergency Declaration Administrative Temporary Use Permit (ATUP).   There is no fee for the  ATUP and staff anticipates a 2-3 week turn around depending upon the volume of the requests in at any one time. The program is only temporary until  City Council rescinds the Local Emergency due to the COVID-19

Restaurants that do not have an existing outdoor dining area shall be permitted to establish one through the Emergency Declaration ATUP process, so long as they are not within 500-feet of a residential zoning district boundary.  In addition to the 500-feet, restaurants within C-1 zoned property may only expand alcohol sales if they have an approved use permit for the overall restaurant for alcohol beverage consumption and comply with Arizona State Liquor Board regulations.

An applicant wishing to expand or create outdoor dining areas in accordance with this approval  must provide the following:

  • Written consent from the property owner authorizing use of the expanded area.  The consent letter must state they are the owner or statuatory agent authorized to act on behalf of the owner and exactly what they are consenting to allow on their property. For example, converting three parking spaces into additional outdoo dining area. The information will also have to be shown on the site/sketch submitted with in the ATUP application.

  • Submit a completed ATUP application to zoning@phoenix.gov.
  • A site plan/sketch depicting the proposed outdoor dining area layout with dimensions.  Note that any permanent structures (i.e. fencing) being constructed in conjunction with this temporary permit will require a building permit.  If permanent structures are part of your plan, submit a site plan/sketch showing interior and exterior dimensions and occupancy loads, structure dimensions, construction materials and anchoring information. The city recommends you look at temporary fence options.

  • A current aerial photograph of the subject property with the proposed outdoor dining area delineated. 

  • If the request also seeks to allow alcohol consumption in the expanded dining area, include a copy of the Temporary Extension of Premises application submitted to the Arizona State Liquor Board that is attached to the emergency declaration ATUP; and

  • If the expanded area includes public right-of-way for a street, on-street parking spaces or alley, a Revocable Permit will be needed from the Street Transportation Department for the portion of the dining area located in the public right-of-way. This is in addition to the above ATUP and liquor extension forms and is specific to use of a public right-of-way. It does not apply to private roads, drive aisles or parking stalls on private property.

Please contact Sam McAllen, Program Manager, in our Office of Customer Advocacy if you have additional questions. Sam can be reached at samuel.mcallen@phoenix.gov or 602-534-9051.  He or one of his staff members will get back to you to answer questions.