In 2006, the State legislature passed the “Dixie Cup Clary Local Control Act,” which grants the City the authority to provide exemptions from federal regulations prohibiting live animals in restaurants. This amendment allows patrons’ dogs within certain designated outdoor dining areas of restaurants and cafes. The State statute requires the City to address minimum permit requirements and minimum regulations of the use, if it chooses to allow restaurants to provide a dog-friendly environment.
A restaurant or sidewalk café may provide a designated area for dogs in an outdoor eating area with a valid permit from the City. A permit expires upon the sale of the restaurant or café. The subsequent owner may apply for a permit to continue to allow patrons’ dogs in a designated outdoor dining area.
The State requires all applications, permits and complaints to be forwarded to the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
The Development Department staff has drafted a permit application for an exemption for dogs in outdoor dining areas. The one-time fee is proposed to be $50. The City Council will be asked to adopt a resolution amending the City’s comprehensive table of fees to add the fee.
The proposed new language is shown with underlining and deleted language is shown with strikethrough.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan objectives and policies:
- Future Land Use Element Policy 1.1.2 - To implement this Comprehensive Plan, the City shall continue to implement land development regulations that contain specific and detailed provisions…
- Future Land Use Element Policy 1.3.2 - The City shall promote commercial development that serves to maintain or enhance the economic health of the City, and to increase job opportunities, per capita income and convenience for residents.
- Livable City Element Policy 1.7.1 - Promote development that incorporates plazas, green space and other focal elements appropriate for public gatherings, outdoor dining, open air markets, seasonal events, vendor carts and kiosks.