Palm Beach Town Council again extends temporary outdoor-seating program through Labor Day

Originally slated to end Memorial Day weekend, the temporary outdoor-seating program aimed at helping restaurants through the pandemic has been extended through Labor Day, the Town Council decided Wednesday.

The council’s unanimous vote to lengthen the program — after some members voiced opposition to doing so when it was discussed during the Tuesday portion of the council meeting — came with a warning to the 20 participating restaurants.

>>More time: Council has already extended outdoor-seating program

Some eateries, council members said, appear to be flouting the rules of the program by adding more seats than they’re allowed.

“Stop taking advantage,” council member Bobbie Lindsay said as council members noted code enforcement will be keeping closer tabs on the issue.

Participating restaurants also were urged to apply for permanent outdoor seating now so their temporary al fresco dining can smoothly transition after the Labor Day extension has come and gone.

The application process for permanent outdoor seating under a new program developed this past fall can be “lengthy” and “costly,” council member Maggie Zeidman said.

The 20 establishments that are included in the temporary outdoor seating program include Cucina, the now-closed Coyo Taco, Sant Ambroeus, LoLa 41, Green’s Pharmacy Luncheonette, Meat Market, Buccan, Bice, Surfside Diner, Henry’s, Ta-boo, Palm Beach Grill/Honor Bar, TooJay’s, Bricktop’s, Club Colette, PB Catch, La Goulue, La Bar a Vin, Main Street by The Breakers and Cafe L’Europe, which has a combination of temporary and permanent outdoor seating.

The temporary outdoor dining program began in May 2020, when island restaurants struggled in the early days of the pandemic because of restricted indoor-dining capacities and state and county social-distancing mandates. Such restrictions are long gone.

The council’s Wednesday decision to extend the temporary outdoor dining program was unanimous, but its discussion on Tuesday leaned the other way. Some members said some restaurants were taking advantage of the program by adding both indoor and outdoor seats beyond their approved capacities.

“Unfortunately, we’ve had bad actors” in the program, council member Julie Araskog said.

On the other hand, council member Lew Crampton said the temporary outdoor seating program had been a success enjoyed by “everyone.”

This week, the town will send letters to the 20 restaurants to “announce the Labor Day extension,” Planning and Zoning Director Wayne Bergman said in an e-mail Thursday to the Daily News.

Correspondence in October and February reiterated the temporary nature of the program and provided information about applying for permanent outdoor seating under the Outdoor Café Permit program. The council approved the permit program in September.

Some temporary outdoor-seating restaurant participants already have begun the Outdoor Café Permit process. After all, outdoor dining has become immensely popular since the temporary program added 354 al fresco seats to the dining-out scene.

Café L’Europe and Club Colette are slated to appear before the Town Council in July to ask for permanent outdoor-seating approvals, according to Bergman. PB Catch initiated the application process on Monday, he said.

Bricktop’s and Meat Market withdrew applications they submitted this past season, town officials said. In April, Le Bar a Vin’s request for permanent outdoor seating was denied by the Town Council.

Others with temporary outdoor seating may not seek a permanent replacement.

For instance, Henry’s, owned and operated by The Breakers, doesn’t plan to apply for permanent al fresco seating, communications director Sara Flight told the Daily News on Wednesday. Cucina doesn’t plan to do so, either, executive chef/co-owner Kent Thurston told the Daily News on Wednesday.

The process of applying for permanent outdoor seating through the Outdoor Café Program can take months, council members said. Outdoor seats can only be taken from existing approved seating.

Eateries must survey their premises to determine whether they meet certain criteria. For instance, sidewalk seating must include enough space for dining, plus an unobstructed 5-foot-wide pedestrian pathway.

Among other things to consider before applying: Outdoor seating does not count toward a restaurant’s maximum square-footage limitations.

Next, restaurants’ outdoor dining requests must be approved for a special exception by the council.

Proposed outdoor furniture must be approved by the Architectural Commission or the Landmarks Preservation Commission, whichever applies.

Finally, an Outdoor Café Permit must be approved by town staff. The permit costs $1,000 annually, plus $50 for each outdoor seat. Permits can be revoked or suspended for noncompliance with rules.

Information and applications for the Outdoor Café Permit program are available on the town’s website. Pre-application orientations are offered once a month, town officials said.

This article originally appeared on Palm Beach Daily News: Palm Beach Town Council again extends temporary outdoor-seating program