Temporary Outdoor Patios for Restaurants
The Town of Erie is creating a temporary program to allow restaurants to operate in outdoor patios adjacent to their businesses. The intent of the program is to allow for greater physical distancing and safety for patrons aligned with the state’s public health orders allowing restaurants to resume sit-down service. The Town reserves the right to end this program at any time if necessary for the public health, safety or welfare.
Eligible businesses can use the form below to submit an outdoor expansion proposal for the town to review. Considerations for every proposal will include safety, mobility and local and emergency access.
- Eligible Businesses
- Eligible Outdoor Areas
- Conditions and Restrictions
- Guidance for Reopening
- Colorado Permit Application
Consistent with state guidelines released on May 25, restaurants may open for in-person dining at 50 percent capacity of the indoor posted occupancy code limit, but they cannot exceed 50 people, whichever is less.
Under this program, eligible businesses may be able to temporarily expand into the following types of outdoor areas:
- Private property, including off-street parking lots, with the property owner’s consent
- Public rights-of-way, including sidewalks, on-street parking spaces, and possibly closing select streets
In both scenarios, some limitations apply, as summarized below.
Proposals to expand into a public right-of-way will require that a right-of-way inspector visit the business location and consider the closure proposal from a mobility and safety perspective. An inspector may be able to approve a simple inspection in the field and issue an approval the following business day. More complex requests will be reviewed for:
- Safety: ensuring any closure of the public right of way is done safely
- Mobility: considering impacts to people’s ability to get around the closure by foot, bike, wheelchair and car and how the proposal mitigates impacts with a traffic control plan, if necessary
- Local and emergency access: local access to adjacent homes and businesses must be maintained
Once a temporary patio is established, an inspector will perform a final inspection. The inspection must occur prior to use of the temporary patio.
Note: All conditions and restrictions below apply to the new, temporary outdoor patio space only.
This is a temporary program to support our local eateries and residents.
Subject to state and local health orders, the program will be available for the duration of the outdoor summer dining season through October 31, 2020, at which time the Town may evaluate a potential extension of the program. Restaurants will have one week following expiration of the program to remove any fixtures from their outdoor area.
Hours of Operation
Outdoor patios opened under this program must close by 10 p.m. Sundays - Thursdays and by 11 p.m. on Fridays and Saturdays.
Allowed Uses of the Patio
Outdoor patios established under this program can only be used for sit-down dining or customer pick-up and carry-out service.
They cannot be used for activities that would promote congregating, involve shared equipment, or amplify sound, including without limitation:
- Standing areas
- Live music
- Outdoor games
- Music over speakers
- Broadcast sports
- Loudspeaker call systems
- Pets,other than service animals
Each patio must be marked with some type of temporary barrier. Temporary furnishings and railings can be used if desired. . All furnishings must be easily removed at the end of the program period.
Any lighting requiring electrical cords is prohibited. Battery-powered lights are permitted.
Businesses that have a liquor license will need to submit additional documentation upon request in order to modify their existing liquor license with the Town and state. The Town Clerk will submit these applications to the state for expedited review.
Sharing Patio Space
No patios may be shared by more than one restaurant. Each establishment must maintain control of its own operations and food and beverage service within its own outdoor patio.
Additional COVID-19 Health and Safety Requirements
More detailed guidance on how restaurants and bars must adhere to social distancing and health and safety protocols for resuming both indoor and outdoor dining is under development. The Town is committed to working with the state and will release details as we have them.
COVID-19 Guidance for restaurants and food service, and other guidance resources provided by the State of Colorado Department of Public Health and Environment.
Submit Your Proposal
Town staff will begin reviewing proposals immediately. If approved to open, patio areas can remain in place through October 31, 2020, subject to local and state health guidelines.
Please review the Conditions and Restrictions above before submitting your proposal. For inquiries please call 303-926-2767 or email [email protected].