Outdoor Dining Pilot Program

All outdoor dining parklets installed on a city sidewalk, private property, or other areas of the public right of way, require a revocable permit license agreement from the city as part of the application process.

Eligible Applicants:

Restaurants, brewpubs, taverns, breweries, distilleries or wineries (collectively referred to as “Eligible Businesses”) that have available public ROW within 150 feet of their entrances on the Pearl Street Mall proper or ROW directly fronting the building they are located within.

Eligible Streets:

Parklets are permitted on streets within Boulder city limits with speed limits of 30 mph or lower.

Eligible Expansion Areas on the Pearl Street Mall:

The Pearl Street Mall has limitations around permissible expansion areas for outdoor dining. If your eligible business is located on the Pearl Street Mall please reach out to Reegan Brown, brownr@bouldercolorado.gov, for information regarding spaces available.

General Permitting and Insurance Requirements:

Each operator shall have general liability, workers compensation, and employer’s liability coverage meeting city and state standards and naming the city as an additional insured.

Parklet Size:

• Outdoor dining extensions on public ROW are restricted to 500 square feet (sf) per restaurant.
  • extensions in the public ROW - no more than a total of 1,000 sf permitted for all combined extensions along any typical block face or any full block of the Pearl Street Mall.
• Outdoor dining extensions on private property are restricted to 500 sf per restaurant.
  • extensions on private property - no cap on the number of Eligible Businesses allowed to expand or the cumulative amount of permitted area for expansion.
• All Eligible Businesses may be considered for a minimum 100 sf parklet regardless of the total square feet of pre-existing permitted parklets within the associated block.
• Barrier height restrictions of four feet and prohibition of closed-in structures and roofs are required out of safety, consideration for other businesses, as well as wind and snow load requirements.
• A minimum of three-foot height barriers between the designated dining area and other areas are required for proper alcohol control. The requirements align with current laws and regulations including clearly defined boundaries for liquor services in outdoor dining spaces.
• Due to the limitations of allowable square footage for outdoor dining per block face, applications will be reviewed on a first-come, first-served basis. If an eligible business applies after the square footage limit has been reached within an associated block, eligible businesses may still be considered for a 100 square foot parklet.

Program Options

Option A seeks to support Eligible Businesses to become compliant with the Pilot Program requirements while allowing flexibility for coordinating personal purchase of infrastructure. Eligible Businesses would pay a revocable permit fee and be eligible for a partial infrastructure reimbursement in recognition of the capital expense used to become compliant with the Pilot Program. Option A places the responsibility for temporary removal and storage for maintenance and special events on the Eligible Businesses.  

Option B provides an opportunity to realize bulk purchase discounts for city approved infrastructure. This option spreads the cost over five years through a lease back to the restaurant. Under Option B, Eligible Businesses will pay the revocable permit fee and the Pilot Program Infrastructure Fee. Program fees will be general fund revenue and may be used to recoup capital costs, pay for storage, and set up associated with special events and maintenance, and aid ongoing program operations.   

Option C is only applicable to outdoor dining extensions on private property. Through the Pilot Program, outdoor dining extensions on private property are allowable for Eligible Businesses. Under this option, no annual revocable permit fee will be required but businesses would still need to apply to participate in the Pilot Program and enter into an agreement with the city regarding Pilot Program requirements and conditions.

*Fees per square foot are subject to increase year to year based off the Consumer Price Increase (CPI)

Example Fees

Below is an example fee structure for a 200 sq ft parklet located off of the Pearl Street Mall.

Check out Outdoor Dining Program Rules for more information about eligibility, application process and requirements, and detailed design guidelines.

If your business is approved for the Outdoor Dining Pilot Program and you intend on serving liquor within the premises of your outdoor dining space, you must apply for a liquor license. You can find more details about the application process and timeline by viewing Liquor License Application Documents.

MODSTREET has been selected through a request for proposals (RFP) process for the city bulk purchase of parklet infrastructure. This infrastructure will be permitted by Eligible Businesses under Option B (see Program Options and Fees).

Parklets provided by all three vendors listed below have been reviewed for an expedited city permitting process. If a parklet is placed adjacent to traffic lanes, Eligible Businesses electing to purchase independently from Western Precision Manufacturing, LLC or Archatrak must have approved planter boxes between the parklet and traffic. Approved planter boxes may be purchased through MODSTREET or another vendor meeting city standards. Planter box approval from vendors besides MODSTREET, which have been pre-reviewed, may require additional review time. On the application when indicating infrastructure purchase through a different vendor, please indicate how many planter boxes will be needed, and staff will review and contact applicants regarding planter boxes.

MODSTREET
736 Main Avenue, STE A
Durango, CO 81301
Phone: 970-422-8400

Western Precision Manufacturing, LLC
2319 Logos Drive
Grand Junction, CO 81505
Phone: 970-245-0480

Archatrak
1288 N 14th Avenue, Unit 105
Bozeman, MT 59715
Phone: 406-551-4098

Below are definitions for restaurants, brewpubs, taverns, breweries, distilleries, and wineries (collectively referred to in the Pilot Program as “Eligible Businesses”).

DEFINITIONS: B.R.C. 1981 Title 9.16.1 General Definitions

• Restaurant - an establishment provided with a food preparation area, dining room equipment, and persons to prepare and serve, in consideration of payment, food, or drinks to guests.
• Brewpub - an establishment that is primarily a restaurant where malt liquor is manufactured on the premises as an accessory use. A brewpub may include some off-site distribution of its malt liquor consistent with state law.
• Tavern - an establishment serving malt, vinous, and spirituous liquors in which the principal business is the sale of such beverages at retail for consumption on the premises and where snacks are available for consumption on the premises.
• Brewery - a use with a manufacturer or wholesaler license issued under § 44-3-401, et seq., C.R.S., and does not include any retail type liquor license under § 44-3-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where malt liquors are manufactured on the premises, that may include a tap room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater.
• Distillery - a use with a manufacturer or wholesaler license issued under § 44-3-401, et seq., C.R.S., and does not include any retail type liquor license under § 44-3-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where spirituous liquors are manufactured, that may include a tasting room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater.
• Winery - a use with a manufacturer or wholesaler license issued under § 44-3-401, et seq., C.R.S., and does not include any retail type liquor license under § 44-3-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where vinous liquors are manufactured, that may include a tasting room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater.
• Parklets - modular barrier and platform structures for assembly in the public right of way including on sidewalks and in on-street parking spaces, as well as on private property.
• Right of Way (ROW) - areas meeting the definition of public right of way per B.R.C. 1981 Title 1.2.1 Definitions
  • ie: streets, alleys, sidewalks, bike paths, utilities, and other public infrastructure.

Possessory Interest information for Boulder County businesses

Liquor Licensing information for City of Boulder businesses

Sales Tax information for City of Boulder businesses

Revocable Permit and Right of Way Lease Application for a permanent patio lease

Community Vitality | City of Boulder

Boulder Office of Arts and Culture

For additional assistance, please reach out to Reegan Brown at brownr@bouldercolorado.gov.