During the time period covered by the City of Phoenix's Local Emergency Declaration (in response to the COVID-19 Pandemic), 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 operator secures an Emergency Declaration Administrative Temporary Use Permit (ATUP). There is no fee for the Emergency Declaration ATUP which permits a temporary outdoor dining until the Phoenix City Council rescinds the Local Emergency Declaration or upon revocation of the Emergency Declaration ATUP.
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 the Emergency Declaration ATUP allowances must provide the following:
- Written authorization from the property owner authorizing use of the expanded area. If the expanded area includes public right-of-way, 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;
- 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;
- If the request is 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; and
- A current aerial photograph of the subject property with the temporary outdoor dining area delineated.
For more information or to submit an application please email email@example.com.