Denver just made pandemic-era outdoor dining permanent. Here’s what businesses and patrons should know about the new rules

One pandemic lesson Denver restaurants learned: customers want more outdoor dining.

And on Monday, City Council passed new rules for local businesses to host outdoor patios, turning what was initially a temporary outdoor dining program into a permanent one.

Like the popular shared streets program, outdoor dining permits were issued in 2020 to meet business needs and limit the spread of the coronavirus. But given the popularity, officials worked toward codifying the program long term.

"As a permanent program, we're prioritizing ease of access for residents, great design and flexibility for businesses to cater to their needs and those of their customers," said Mayor Michael Hancock in a statement Monday. "The Outdoor Places Program has been a phenomenal success and important tool for our local businesses, and the end result here will be more bustling outdoor spaces that will bolster the economy and bring renewed vibrancy to our neighborhoods."

The permanent version of the program relaxes pre-pandemic rules and expands eligibility for outdoor spaces.

The new rules passed Monday allow businesses other than just restaurants and bars to make use of outdoor spaces. They also relax rules around patio infrastructure, like how the space is marked and connected to the business. The changes also allow for individually enclosed dining spaces, like the outdoor restaurant pods that became popular during the pandemic, as long as they make up less than 20% of total capacity.

The new code also makes room for businesses that might not meet the exact qualifications. Businesses can go through a design review, which might grant exceptions for things like using private parking spaces.

City officials said in a statement issued Monday that part of the goal with the new rules is for the patios to be accessible and to be "visually appealing" with "thoughtful design."

Sonia Riggs, President and CEO of the Colorado Restaurant Association, said in the joint statement with the city that "Continued utilization of both public and private outdoor spaces is critical to the local restaurant industry as it continues to recover from the economic impacts of the pandemic, and we appreciate the city's commitment to creating streamlined, equitable, and accessible policies that allow our restaurants to utilize outdoor places as efficiently as possible."

Businesses that want to extend their outdoor spaces past the temporary program, or start one anew, have to apply to the city.

Here are the deadlines for different types of outdoor spaces:

• Applications to continue patios on public sidewalks and tree laws were due April 30.
• Applications for below-curb patios in on-street parking spots are due September 30. Businesses that want to encroach on the public right-of-way can apply for a permit through the Department of Transportation and Infrastructure, and businesses with liquor licenses also need to submit an additional request.
• Applications for patios on private property like parking lots and private land are due October 31.
• Applications for patios below curbs that close travel lanes or street blocks need to submit a street closure application on a rolling basis.

More information about the Outdoor Places Program can be found here.