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EMERGENCY DECLARATION TEMPORARY OUTDOOR DINING ATUP PROCESS GUIDE (City of Phoenix)

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Planning & Development Department – Zoning Section – 200 W. Washington Street, 2nd Floor, Phoenix, Arizona 85003 – 602-262-7131 #6
"
Planning with People for a Better Phoenix"
Page 1 of 3 This and other forms can be found on our website: www.phoenix.gov/pdd/pz/ Revised 9/10/20
EMERGENCY DECLARATION TEMPORARY
OUTDOOR DINING ATUP PROCESS GUIDE
During the time period covered by the City of Phoenix’s Local Emergency Declaration (in response to
the COVID-19 Pandemic), restaurants located within a zoning district that permits outdoor dining and
alcohol consumption will be able to expand an existing outdoor dining area without a use-permit
hearing if the restaurant operator secures an Emergency Declaration Administrative Temporary Use
Permit (ATUP). There is no fee for the Emergency Declaration ATUP which permits temporary
outdoor dining until the Phoenix City Council rescinds the Local Emergency Declaration or upon
revocation of the Emergency Declaration ATUP.
Restaurants that do not have an existing outdoor dining area shall be permitted to establish one
through the Emergency Declaration ATUP process, so long as they are not within 500-feet of a
residential zoning district boundary. In addition to the 500-feet, restaurants within C-1 zoned property
may only expand alcohol sales if they have an approved use permit for the overall restaurant for
alcohol beverage consumption and comply with Arizona State Liquor Board regulations.
An applicant wishing to expand or create outdoor dining areas in accordance with the Emergency
Declaration ATUP allowances must provide the following:
1. A Temporary Outdoor Dining ATUP Application (See Page 3);
2. A written description of how the temporary outdoor dining area will:
Not occupy or impact the use of ADA facilities or public sidewalks.
Not eliminate required parking spaces.
Not block existing private or public driveways/accessways or drive aisles.
Not block fire lanes, loading or unloading zones, or other designated public safety areas.
3. Written authorization from the property owner authorizing use of the expanded area. If the
expanded area includes public right-of-way, a Revocable Permit will be needed from the Street
Transportation Department for the portion of the dining area located in the public right-of-way;
4. A site plan/sketch depicting the proposed outdoor dining area layout with dimensions. Note
that any permanent structures (i.e. fencing) being constructed in conjunction with this
temporary permit will require a building permit. If permanent structures are part of your plan,
submit a site plan/sketch showing interior and exterior dimensions and occupancy loads,
structure dimensions, construction materials and anchoring information (See Page 2).
5. If the request is to allow alcohol consumption in the expanded dining area, include a copy of
the Temporary Extension of Premises application submitted to the Arizona State Liquor Board;
and;
6. A current aerial photograph of the subject property with the temporary outdoor dining area
delineated.
This document and other documents supporting the Temporary Outdoor Dining Program –
Response to COVID-19 are available at: https://www.phoenix.gov/pdd/temp-outdoor-dining.
Planning & Development Department – Zoning Section – 200 W. Washington Street, 2nd Floor, Phoenix, Arizona 85003 – 602-262-7131 #6
Page 2 of 3 This and other forms can be found on our website: www.phoenix.gov/pdd/pz/ Revised 9/10/20
If fencing or other permanent structures are planned in conjunction with this temporary outdoor dining
use, include a site plan/sketch of the interior and exterior of the property with dimensions noted. A
building permit will be required. Building permit fees must be paid.
Upon request this publication will be made available in alternate formats including large print, Braille, audiotape or computer disk to
accommodate a person with a disability if given reasonable advance notice. Please contact Tamra Ingersoll at 602-534-6648 or TTY:
7-1-1.
Planning & Development Department – Zoning Section – 200 W. Washington Street, 2nd Floor, Phoenix, Arizona 85003 – 602-262-7131 #6
"Planning with People for a Better Phoenix"
Page 3 of 3 This and other forms can be found on our website: www.phoenix.gov/pdd/pz/ Revised 9/10/20
Emergency Declaration Temporary Outdoor Dining ATUP Application
STEP 1: CHECKLIST – The following items must be submitted to zoning@phoenix.gov.
Completed application page.
Letter of authorization from property owner for the temporary expanded outdoor dining area.
Site plan/sketch illustrating location of the temporary expanded outdoor dining area on subject property
(See Page 2 Sample Site Plan).
A current aerial of the subject property with the temporary outdoor dining area delineated.
STEP 2: TO BE FILLED OUT BY APPLICANT
Address of Temporary Outdoor Dining Location:
Assessor Parcel Number (APN):
* Go to http://www.maricopa.gov/Assessor/Default.aspx for APN(s)
Applicant / Company Name:
Applicant Address:
Applicant/Company Phone #: Email Address:
Property Owner(s):
Property Owner(s) Address:
Property Owner Phone #: Email Address:
Representative:
Address:
Phone #: Email Address:
Description of Temporary Use (Attach additional pages if needed):
Dates: ____________________ Hours of Operation: _____________ Number of Spaces for Curbside Pickup: ___________
Number of Required Parking Spaces: _____________________________ Number of Provided Parking Spaces: _____________
Existing Square Footage of Indoor Dining Space: ____________________ Existing Occupant Load: _______________________
I have reviewed the entire Emergency Declaration Temporary Outdoor Dining ATUP Process Guide and understand there may be
additional steps I must complete or other departments/agencies I must contact for approval of licenses, building permits or site plan
approvals. I attest that the information provided with this application is correct to the best of my knowledge. I further acknowledge that
this permit may be revoked if any conditions or stipulations are not met.
Signature Date
Upon request this publication will be made available in alternate formats including large print, Braille, audiotape or computer disk to
accommodate a person with a disability if given reasonable advance notice. Please contact Tamra Ingersoll at 602-534-6648 or TTY:
7-1-1.
4/20/2020 Page 1 of 2
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602
) 542
-514
1
*OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR*
**Notice: Allow 30-45 days to process permanent change of premises**
Permanent change of area of service. A non-refundable $50. Fee will apply. Specific purpose for change:
_______________________________________________________________________________________________________________________________
Temporary change (No Fee) for date(s) of: ____/____/____ through ____/____/____ list specific purpose for change:
__________________________________________________________________________________________________________________________
______
1. Licensee’s Name: ________________________________________________________________________________License#: ___________________
Last First Middle
2. Mailing address: ______________________________________________________________________________________________________________
Street City State Zip Code
3. Business Name: _______________________________________________________________________________________________________________
4. Business Address: _____________________________________________________________________________________________________________
Street City State Zip Code
5. Email Address: ________________________________________________________________________________________________________________
6. Business Phone Number: ________________________________ Contact Phone Number: _______________________________
7. Is extension of premises/patio complete?
If no, what is your estimated completion date? ____/____/_____
8.
Do you understand Ari
zona Liquor Laws and Regulati
ons?
Yes No
9. Does thi
s extension bring your premises within 300 feet of a church or school
?
Yes No
10. Hav
e you received approved Liquor Law Traini
ng?
Yes No
11. What security precautions will be taken to prevent liquor violation s in the extended area? _____________________
_______
__________________
________________________________________________________________________________________________
_
12. IMPOR
TANT: Attach the revised floor plan, clearly depicting your licensed premises along with the new extended area
outlined in black marker or ink, if the extended area is not outlined and marked “extension” we cannot accept the
application.
DLLC USE ONLY
CSR:
Log #:
APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT
4/20/2020 Page 2 of 2
Individuals requiring ADA accommodations please call (602)542-9027
I, (Print Full Name) ______________________________________________________, hereby swear under penalty of perjury and in compliance
with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and
statements that I have made herein are true and correct to the best of my knowledge.
Applicant Signature: _____________________________________________________
GOVERNING BOARD
DLLC USE ONLY
After completion, and BEFORE submitting to the Department of Liquor, please take this application to your local Board
of Supervisors, City Council or Designate for their recommendation. This recommendation is not binding on the
Department of Liquor.
Approval Disapproval
________________________________________________________________________________________________________________________
Authorized Signature Title Agency Date
Investigation Recommendation:
Approval Disapproval by: _________________________________ Date: ____/____/____
Director Signature required for Disapprovals: _____________________________________________________ Date: ____/____/____
Barrier Exemption: an exception to the requirement of barriers surrounding a patio/outdoor serving area may be
requested. Barrier exemptions are granted based on public safety, pedestrian traffic, and other factors unique to a
licensed premises. List specific reasons for exemption:

 Approval Disapproval by DLLC: _________________________________________________________ Date: _____/_____/______
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EMERGENCY DECLARATION TEMPORARY OUTDOOR DINING ATUP PROCESS GUIDE (City of Phoenix)

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Completed 12 February 2021

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