Outdoor Dining Pilot Program

ELIGIBLE APPLICANTS:

Eligible Businesses that have available public right of way or private property within 150 feet of their entrances or directly fronting the building they are located within, including:

• Restaurants
• Brewpubs
• Taverns
• Breweries
• Distilleries
• Wineries

ELIGIBLE LOCATIONS:

1. Public Right of Way (ROW)
2. Public Easement
3. Parking Areas
4. Private Property - required yards or open space

ELIGIBLE STREETS:

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

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.

Program Options

License and Permitting Fees

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