(Chapter added by Ordinance 150637; Amended by Ordinance 191464, effective September 27, 2023.)
17.25.010 Permit Required.
- Any person desiring to make an improvement, do work in, operate a business, or use the street area for outdoor dining purposes must first obtain a permit from the Director of the Bureau of Transportation (the “Director”) as prescribed in this Chapter and Administrative Rule TRN-10.04, and pay the permit fees set forth in Section 17.25.030.
17.25.020 Definitions.
A. Outdoor dining. For the purposes of this Chapter, outdoor dining means serving food or beverage from a business located in an adjacent building to patrons standing or seated at tables located within the sidewalk or parking lane areas adjacent to the business; however, the outdoor dining umbrella may also include non-food and beverage vending activities that occur within the sidewalk or parking lane areas.
B. Sidewalk. Sidewalk means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent property lines intended for use by pedestrians and includes all areas of a pedestrian plaza as defined under Chapter 17.43.
C. Parking lane. Parking lane means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent travel lane.
D. Transit mall. As defined in Subsection 17.24.105 A.
E. Clear pedestrian zone. The clear pedestrian zone is the area reserved for travel. No outdoor dining operations are allowed in this area and the area must meet City standards and be free of hazards as described in the Sidewalk Maintenance Program Policy & Operating Guidelines (Portland Policy Document TRN-1.11).
F. Area of operation. Area of operation means the outdoor dining area described in the permit within which the business is allowed outdoor dining privileges.
G. Responsible party. Responsible party means an individual who works on-site at the business and is responsible for overseeing the outdoor dining area of operation, such as the restaurant manager or other person with similar responsibility.
H. Permittee. Permittee means the individual or entity who applied for the outdoor dining permit and to whom the permit is issued. The permittee bears ultimate responsibility for the outdoor dining operation.
17.25.030 Application Fee and Permit Fee.
- Fees for outdoor dining installations are established by the Director, and are assessed as prescribed in TRN-3.450 – Transportation Fee Schedule. The fees are evaluated and updated annually.
- Each application for an outdoor dining permit shall be accompanied by an application fee. The application fee is nonrefundable and additional to the permit fee. The permit fee shall be collected prior to issuance of the permit.
17.25.040 Permit Application.
- Application for an outdoor dining permit shall be made at the Bureau of Transportation in a form deemed appropriate by the Director. Such application shall include the information required in TRN-10.04 and on the application form itself.
17.25.050 Permit Requirements.
(Repealed by Ordinance 191464, effective September 27, 2023.)
17.25.060 Location Rules and Review.
(Repealed by Ordinance 191464, effective September 27, 2023.)
17.25.080 Form and Conditions of Permit.
(Repealed by Ordinance 191464, effective September 27, 2023.)
17.25.090 Denial, Revocation or Suspension of Permit.
- A. The Director may deny, revoke, or suspend any outdoor dining permit authorized in the City of Portland if it is found:
- 1. That the provisions of this Chapter have been violated.
- 2. The permittee does not have insurance which is correct and effective in the minimum amount prescribed in Section 17.25.070.
- B. Upon denial or revocation, the Director shall give notice of such action to the applicant, responsible party, or permittee in writing stating the action which has been taken and the reason therefor. The action shall be effective upon giving such notice to the applicant, responsible party, or permittee. Any denial or revocation may be appealed as prescribed in Section 17.25.100 within 20 calendar days of such notice.
17.25.100 Appeal.
- If an application for an outdoor dining installation is denied, revoked, or suspended because it does not meet the requirements described in this Chapter or Administrative Rule TRN-10.04, an applicant must first request a reconsideration conference with PBOT’s Community Use Permitting Section Supervisor (“Supervisor”) to afford the applicant an opportunity to present additional information that may not have been considered by the City or to correct factual errors. The City will reconsider the application with the new or corrected information. The request must be submitted in writing to the Supervisor within the time provided in Subsection 17.25.090 B. Any applicant aggrieved by the Supervisor’s determination may appeal that determination to the Code Hearings Officer as provided in Chapter 22.10 of this Code. There is no filing fee.
17.25.110 Enforcement.
- The Director, or designee, shall retain the right to inspect and enforce permit compliance related to rules and regulations. Enforcement of rules and regulations shall be in accordance with TRN-8.14 (Right-Of-Way Use Enforcement Program).