301.1 No person shall construct or operate a sidewalk cafe except when authorized by the Public Space Committee.

301.2 No person shall operate a sidewalk cafe until issued a Sidewalk Cafe Permit and a Certificate of Use, except as otherwise provided in this chapter.

301.3 No applicant shall be issued a Sidewalk Cafe Permit unless the adjacent property is zoned for legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop or a variance to operate a legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop has been granted to the adjacent property.

301.4 No applicant shall be issued a Sidewalk Cafe Permit unless the applicant saves harmless and indemnifies the District, and its officers, agents, and employees from all suits, claims, charges, and judgments to which the District, its officers, agents, and employees may be subject on account of the issuance of a Sidewalk Cafe Permit, the operation of the sidewalk cafe, or the injury to any person or damage to any property, including the property of the District and the property of the applicant, where the applicant's or the District's property may be damaged or destroyed by the Fire Department or any other agency of the District pursuant to a public emergency or fire.

301.5 No person permitted to operate a sidewalk cafe adjacent to a grocery store shall be permitted to obtain an alcoholic beverage license for that sidewalk café.

301.6 The holder of a Sidewalk Café Permit adjacent to a brewery, winery, or distillery may conduct business operations on a sidewalk café between the hours of 8:00 a.m. and 12:00 a.m., 7 days a week.

SOURCE: Final Rulemaking published at 30 DCR 4346, 4347 (August 26, 1983); as amended by the Grocery Store Sidewalk Café in the Public Space Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-347; 56 DCR 969 (January 30, 2009)); as amended by the Sidewalk Café and Summer Garden Endorsement Amendment Act of 2015, effective October 22, 2015 (D.C. Law 21-36; 62 DCR 10905, 10934 (August 14, 2015)); as amended by the Omnibus Alcoholic Beverage Regulation Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0084; 63 DCR 781 (January 22, 2016)); as amended by the Legitimate Theater Sidewalk Café Authorization Amendment Act of 2020, effective May 6, 2020 (D.C. Law 23-0088; 67 DCR 3516 (March 27, 2020)).