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Outdoor Dining in Uptown Greenville

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The City of Greenville recognizes the importance that outdoor dining plays to the overall vitality and success of our Uptown District. As such, the City is wholeheartedly committed to supporting and encouraging the aspects of a vibrant “Live, Work, and Play” downtown through initiatives like our Outdoor Dining Permit. This gives dining and entertainment establishments within an eligible area the ability to have outdoor dining/seating in the public right-of-way (sidewalks and alleyways). An Outdoor Dining Permit is not required for establishing an outdoor dining area on private property.

If you are a dining and entertainment establishment, and are located within the eligible area, you are encouraged to submit an Outdoor Dining Permit Application Package. The process usually takes 48 hours once the completed application package has been received.Outdoor dining

 

How to obtain an Outdoor Dining permit

1. Complete the Outdoor Dining Permit Application and prepare an Outdoor Dining Permit Application Package. Call 252-329-4502 for more information.

2.  Application processing fee of $150. Make checks payable to the City of Greenville, or pay online HERE.

3. Submit the outdoor dining permit application package and application fee to the City of Greenville’s Planning Division located on the 1st floor of the Municipal Building at 201 W. 5th St between the hours of 8-5 PM Monday-Friday. Call (252)-329-4507 for more information. A decision on your permit application should be made and communicated back to you via the phone number you listed on the permit application within 48 hours.

 

What does the Application Package contain?

1. A completed outdoor dining permit application.

2. A site plan map showing the proposed outdoor dining area (5 paper copies). The drawing or site plan should include the following:

  • A map scale. For example, 1 inch = 1 foot
  • A boundary line showing the proposed outdoor dining area
  • The drawing should show the surrounding areas adjoining the proposed outdoor dining area.
  • Include any sidewalks, trees, tree grates, fire hydrants, signs, light poles, benches, planters, parking meters, or any other objects that are within the site plan map extent. By law, outdoor dining areas have to be situated in a manner that maintains a minimum pathway width of 5 feet for continuous pedestrian access.
  • Placement of the chairs, tables, barriers, and other furnishings within the proposed outdoor dining area.
  • The drawing should clearly depict the area that will be used for outdoor dining, and the area that pedestrians can legally and safely pass by the establishment.
  • Pictures, advertisement, brochure, etc that clearly show the proposed outdoor dining furniture and umbrella type, style, colors, and material.

An example of a site plan can be seen HERE.

4. A letter from the property owner granting the establishment permission to have outdoor dining (if property owner is different from the establishment owner)

5. An approved certificate of insurance with a minimum liability of one million dollars. The City of Greenville must be listed as an additional insured under endorsement CG 20 12 07 98. The following should be listed as the certificate holder:  City of Greenville, 200 W. 5th St, Greenville N.C. 27834.

6. A copy of the State ABC license to serve alcoholic beverages in the proposed outdoor dining area. For more information call the N.C. ABC Commission at (919)-779-0700.

7. A copy of the outdoor amplification permit if needed.

 

Outdoor Dining Rules & Regulations

Defining or Delineating the Outdoor Dining Boundary

  • The outdoor dining area shall not be enclosed by fixed walls and shall be open to the air.
  • Temporary barriers defining the outdoor dining area are allowed provided they are no more than 36 inches in height and consist of metal construction.

Furniture & Furnishings

  • Furniture may be of any construction except plastic.
  • All furniture must be removed from the outdoor dining area every day by 12 AM.
  • Umbrellas are allowed provided vertical and horizontal clearances on sidewalks by the N.C. State Building Code and the Americans with Disabilities Act (ADA) are maintained.
  • No space heaters may be used in the outdoor dining area.
  • No flooring, decking, terracing, or other floor material may be installed in the outdoor dining area.

Restaurant & Food Service Equipment

  • No food service equipment that holds, stores, heats, warms, or chills food may be located in the outdoor dining area.
  • No tents or cash registers are allowed in the outdoor dining area.

Additional Considerations

  • No food or beverage can be served to a patron in the outdoor dining area unless the patron is seated at a table.
  • Once an Outdoor Dining Permit has been issued, it is not transferable. A change in ownership of the establishment requires the new owner to re-apply for the permit.
  • Once issued, permits are valid through the remainder of the year until December 31st of each year.
  • No electrical/extension cords may be used in the outdoor dining area.
  • No additional signage is allowed in the outdoor dining area, except for what is currently allowed by City Code, Title 9, chapter 4 - Article N.
  • No music from any source shall be allowed in the outdoor dining area. This includes acoustic, electric, radio, etc.
  • Addition of the outdoor dining area shall not cause the establishment to exceed the capacity of allowed patrons as determined by the Pitt County Health Department.
  • The City maintains the right to enter the outdoor dining area at any time for inspecting the area, and ensuring compliance with all conditions of the Outdoor Dining Permit.

Permit Revocation

The Outdoor Dining Permit may be revoked if it is determined that the permit holder:

  • Deliberately misrepresented or provided false information in the permit application.
  • Violated any provision of the City Code or Pitt County Health Department regulations in connection with the operation of the outdoor dining.
  • Violated any law, regulation, or ordinance regarding possession, sale, transportation, or consumption of intoxicating beverages or controlled substances in connection with the operation of outdoor dining.
  • Operate the outdoor dining in such a manner as to create a public nuisance or to constitute a hazard to public health, safety, and welfare; specifically including failure to keep the outdoor dining area clean and free of refuse.
  • Failed to maintain any health, business, or other permit or license required by law for the operation of the restaurant and/or dining and entertainment establishment.

Enforcement and Appeals

Outdoor Dining enforcement will be the responsibility of the Director of the City’s Community Development Department or designee. An appeal of a citation or of a denial or revocation of a permit shall be presented in writing to the Community Development Department’s Director no later than five (5) calendar days after its issuance.

Penalties for Violations

Any violation of the Outdoor Dining Policy shall subject the offender to a civil penalty in the amount of $50. Violators shall be issued a written citation, which must be paid within 72 hours. If the person fails to pay the civil penalty within the allowed timeframe, the City may recover the penalty including all costs and attorney’s fees by filing a civil action in the general court of justice in the nature of a suit to collect a debt.