Murphy – To help businesses earn revenue while adhering to Gov. Roy Cooper’s guidelines enacted to prevent the spread of COVID-19, town council members passed an ordinance that allows restaurants to serve food and alcohol to patrons seated outside the building.
The sidewalk dining activities ordinance, which passed unanimously at the June 1 council meeting, allows restaurants to establish seating areas on sidewalks and in alleys adjacent to the business.
Restaurant owners must first apply for a permit to do so, and seating must be a minimum of six feet away from travel lanes. Tables, chairs, and other furnishings must also be arranged in a manner that allows at least five feet of unobstructed paved space for pedestrians and wheelchairs.
“Tables, chairs, and other furnishings shall not obstruct any driveway, alleyway, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, utility access, ventilations areas or ramps necessary to meet accessibility requirements under the Americans with Disabilities Act,” the ordinance states.
The ordinance also requires restaurant owners to cease outside dining to allow state or town officials to perform construction, maintenance or repair of any street, sidewalk, utility, or public building. Restaurant owners must also sign an agreement that absolves the state and town of any liability claim that may result from operating outdoors.
Lawmakers also amended the alcoholic beverages ordinance to allow restaurants to serve beer, wine and alcohol to patrons seated on the sidewalk or in an alley. However, the amendment only allows adult beverages to be served to outside customers who have also ordered food. Failure to comply with the alcoholic beverage ordinance could result in a monetary fine up to $100 or 20 days in jail.
Phase 2 of the governor’s reopening plan, which took effect May 22, limits restaurant capacity to 50 percent of what’s normally allowed according to fire code. Cooper vetoed a bill Friday that would have opened bars and expanded restaurant seating, expressing concern that state legislators were trying to take away some of his power.
Food, alcohol OK’d outdoors
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