Bill > PR26-0545

Introduced Session

John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson, Enclosed for consideration and approval by the Council of the District of Columbia is a proposed resolution entitled the “Streatery Program Rulemaking Approval Resolution of 2026.” The resolution would approve a proposed final rulemaking to add a new Chapter 45 (Streateries) to Title 24 (Public Space and Safety) to establish a permanent permit program to manage street-located outdoor dining (“streateries”) and to establish permit fees for those who construct or operate streateries in the public right-of-way. The final rulemaking would also amend Chapter 43 (District Department of Transportation (DDOT) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) to establish civil infractions for violations of Chapter 45 of Title 24. My administration is available to discuss any questions you may have regarding this proposed resolution. To facilitate a response to any questions you may have, please contact Sharon Kershbaum, Director, District Department of Transportation, at sharon.kershbaum@dc.gov or (202) 671-4658. Sincerely, Muriel Bowser Sec. 4. Fiscal impact statement The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). Sec. 5. Effective date. This resolution shall take effect immediately. DISTRICT DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF BUILDINGS NOTICE OF FINAL JOINT RULEMAKING as submitted to the Council of the District of Columbia for its review and approval pursuant to section 401(b) of the Department of Buildings Establishment Act of 2020, effective April 5, 2021 (D.C. Law 23-269; D.C. Official Code § 10-564.01(b)) The Director of the District Department of Transportation (“DDOT”), pursuant to the authority set forth in Sections 3(b), 5(a)(3)(E), 9j, and 9k of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.02(b), 50- 921.04(a)(3)(E), 50-921.18 and 50-921.19); Sections 603(b) and 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198, D.C. Official Code §§ 10- 1141.03 and 10-1141.04); and Mayor’s Order 2018-075, dated October 2, 2018; and the Director of the Department of Buildings (“DOB”), pursuant to the authority set forth in Section 401 of the Department of Buildings Establishment Act of 2020, effective April 5, 2021 (D.C. Law 23-269; D.C. Official Code § 10-564.01) and Mayor’s Order 2023-148, dated December 8, 2023, hereby give notice of their adoption of the following amendments to Chapter 43 (District Department of Transportation (DDOT) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) and the addition of a new Chapter 45 (Streateries) to Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (“DCMR”). This final rulemaking amends Title 24 to establish a permanent permit program to manage street- located outdoor dining (“Streateries”) and to establish permit fees for those who construct or operate Streateries in the public right-of-way. The final rulemaking also amends Chapter 43 of Title 16 to add civil infractions for violations of Chapter 45 of Title 24. Two changes were made from the proposed to the final rulemaking. This final rulemaking reduces the proposed public space rental fee from $20 to $15 per square foot and adds a new section 4508 titled Public Space Committee Waivers. These changes were made in accordance with newly enacted emergency legislation, the Streatery Program Emergency Amendment Act of 2025, effective December 19, 2025 (D.C. Act 26-233; 73 DCR 59), and parallel temporary legislation. A Notice of Proposed Rulemaking was published in the District of Columbia Register on May 2, 2025, at 72 DCR 5475, with a 30-day public comment period. The District Department of Transportation thoroughly reviewed and considered all public feedback throughout this rulemaking process. DDOT received eight (8) public comments on the proposed rulemaking as well as one (1) resolution from the Advisory Neighborhood Commission (ANC) 2E. A summary of the comments received and the agencies’ responses to the comments are provided below. Public Comments DDOT and DOB received four (4) public comments from restaurants and businesses on the proposed rules as well as four (4) comments from members of the general public on the proposed rules. Other comments received during the comment period focused on the Streatery Guidelines that were adopted by DDOT in December 2024; because the Streatery Guidelines were not a subject of the rulemaking, the comments on the Streatery Guidelines are not addressed in this rulemaking. General Public Three (3) of the four (4) comments that DDOT and DOB received from the general public on the proposed rules supported the Streatery program. The two (2) other comments received from the general public are discussed below. Overhead Structures Public Comment: One comment from the general public on the proposed rules was in overall support of the Streatery Program, but argued that overhead structures are not appropriate everywhere and should be restricted in historic districts to prevent disruption of the area’s character. The commentor also stated that “the principles should be that any Streatery must be reviewed by and receive the approval of the Old Georgetown Board.” DDOT Response: While this rulemaking does allow for overhead structures to be erected, applicants who apply for a Streatery permit within the Georgetown District will be required to submit their design plans to the Old Georgetown Board for its review and recommendation. This is detailed in subsection 4507.2 of the rules and is in concurrence with the Old Georgetown Act. Streatery Structure Safety Public Comment: One comment from the general public cited concerns about the safety of structures erected pursuant to the Streatery program. These safety concerns stemmed from an existing Streatery on 11th Street, NW. The comment stated that Streateries should “be limited to locations that are safe, and to facilities that improve the neighborhood appearance.” DDOT Response: The proposed rules in conjunction with the Streatery Guidelines were crafted with public safety as a top priority for consumers, pedestrians, bicyclists, and vehicle travel. Before a Streatery permit is issued, everything from the site design to the physical structure is reviewed for safety to the public and patrons. The Streatery mentioned in this comment was approved under the temporary program. The owner of this Streatery will need to reapply for a Streatery permit under the permanent program established within the proposed rules. With new requirements and parameters, DDOT will review the business’s Streatery permit if they choose to reapply under the permanent program. DDOT will review the safeness of the structure, and will confirm whether the Streatery complies with the new guidelines, prior to issuing a new Streatery Permit. ANC 2E ANC 2E submitted comments on the proposed rules. DDOT considered the ANC’s comments as part of the rulemaking process and provides the below responses to ANC 2E’s specific, proposed changes: Class 2 Infraction / Subsection 4315.2 Proposed Change: “Clarify how a Class 2 infraction is handled for Streateries. The what (fee level?), how (process?) and who (agency?) is not defined anywhere specific to the Streateries, and existing infractions processes do not translate to streateries.” DDOT Response: The rulemaking amends Chapter 43 of Title 16 to add civil infractions for violations of Chapter 45 of Title 24. Subsection 4315.2 defines numerous actions that constitute a Class 2 infraction. The specific fine amounts for civil infractions are established within Title 16 of the DCMR. These fine levels are uniformly applied across various infractions and are not typically detailed within an individual agency’s rules. DDOT is the enforcing agency for these Streatery infractions, working in coordination with DOB. Notices of infraction for Class 2 violations are made pursuant to subsection 4315.2 and are adjudicated by the Office of Administrative Hearings (OAH). This process is in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 and 16 DCMR § 3200 and § 3201. Ultimately, it is the responsibility of the Streatery owners to address cited infractions. Class 3 Infraction / Subsection 4315.3 Proposed Change: “Clarify what a Class 3 infraction will mean for Streateries. Define the what, how and who will be responsible for addressing the infraction.” DDOT Response: The rulemaking amends Chapter 43 of Title 16 to add civil infractions for violations of Chapter 45 of Title 24. Subsection 4315.3 defines numerous actions that constitute a Class 3 infraction. The specific fine amounts for civil infractions are established within Title 16 of the DCMR. These fine levels are uniformly applied across various infractions and are not typically detailed within an individual agency’s rules. DDOT is the enforcing agency for these Streatery infractions, working in coordination with DOB. Notices of infraction for Class 3 violations are made pursuant to section 4315.3 and are adjudicated by OAH. This process is in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 and 16 DCMR § 3200 and § 3201. Ultimately, it is the responsibility of Streatery owners to address cited infractions. Principal Arterials / Subsection 4501.6 Proposed Change: “Clarify what type of exceptions and what exception process exists for Streateries that want to be located on roads that are classified as Primary Arterials”. DDOT Response: The rulemaking uses the term “Principal Arterials” rather than “Primary Arterials”. Subsection 4501.6 of the proposed rulemaking states that “A travel lane Streatery that occupies some, but not all travel lanes of a roadway segment shall not be in or on: Streets with a functional classification designation of Principal Arterial, Other Freeway and Expressway, or Interstate.” The rules therefore prohibit Streateries located on roads classified as Principal Arterials. There are no defined exceptions or an exception process for locating Streateries on roads classified as Principal Arterials. Alley Streateries / Subsection 4501.9 Proposed Change: “Clarify that an Alley Streatery cannot make an alley no longer operational for 24/7 transportation needs should the alley be narrow and/or one-lane; if applicants can file for exceptions to this, clarify the what sic public comment process used to fully close down a public right of way like an alley.” DDOT Response: Subsection 4501.9 of the proposed rulemaking outlines the location criteria for an Alley Streatery. It states that an Alley Streatery “Shall provide a six foot (6 ft.) clear path to service entrances” and “Shall not block access to adjacent buildings, businesses, or trash services.” These provisions are designed to ensure that alleys remain operational for essential transportation needs. The intent of the rules is to integrate Streateries into the existing alley network without impeding their primary function as critical access routes. The proposed rules do not include provisions for exceptions that would allow an Alley Streatery to render an alley non-operational for 24/7 transportation needs. Building Permit / Subsection 4506.3 Proposed Change: “Require that all Streateries, including those in alleys, file a building permit.” DDOT/DOB Response: Subsection 4506.3 of the proposed rules already addresses the requirement for a Building Permit. While a Building Permit is generally required, there are specific instances where it may not be necessary if no structure is built, such as for certain Alley Streateries, entire travel lane closures, or Streateries that are not built at the same grade as the sidewalk. The intent is to ensure that all necessary safety and structural reviews are conducted where applicable, without imposing an undue burden on business owners. Old Georgetown Board / Subsection 4507.2 Proposed Change: “Clarify that Streateries in the Federal Historic District will comply with Streatery Guidelines issued by the Old Georgetown Board (OGB).” DDOT Response: Subsection 4507.2 of the proposed rulemaking addresses this. The subsection directly mandates compliance with the Old Georgetown Act for Streateries within that district. The Old Georgetown Act and the Shipstead-Luce Act are the governing federal laws that empower entities like the Old Georgetown Board (OGB) to review and issue guidelines or conditions for development, including public space uses, within their respective jurisdictions. Therefore, the rules already requires compliance with the conditions and guidelines set forth by the OGB for Streateries within the Old Georgetown district by referencing the enabling legislation. Restaurant Association Metropolitan Washington The Restaurant Association Metropolitan Washington (RAMW) submitted comments on the proposed rules. DDOT considered RAMW’s comments as part of the rulemaking process and provides the below responses to the specific, proposed changes. Streatery Fees / Subsection 4510.2 Comment Summary: RAMW opposed the public space rental fee and suggested applying the sidewalk café fees at $5 per square feet instead. DDOT Response: DDOT understands the concern regarding the public space rental fee of twenty dollars ($20) per square foot and acknowledges the suggestion to align it with sidewalk café fees at five dollars ($5) per square foot. The $20 per square foot fee for Streateries reflected careful consideration of many factors. Streateries occupy public space such as parking lanes, travel lanes, and alley ways, which represent a distinct public asset with different operational considerations and economic value compared to a traditional sidewalk cafe. The $20 fee aimed to strike a balance between supporting local businesses and providing fair payment to the public for the use of the right-of-way that would otherwise be used for parking or vehicle movement. The $20 per square foot annual fee was also considered important for the sustainable management, oversight, and enforcement of the permanent Streatery program. Enclosures / Subsection 4503.4 Comment Summary: RAMW opposed to the prohibition of enclosures and suggested changing the proposed rules to accommodate lightweight and transparent enclosure materials. DDOT Response: The proposed rulemaking’s prohibition on fully enclosed Streateries is a fundamental aspect of the program’s safety considerations. As detailed in Subsection 4503.2(b)(7), the prohibition on enclosures is to ensure Streateries remain open-air extensions of dining, preventing them from becoming permanent fully enclosed structures that could impede public space functionality, emergency access, or visual clear zones. DDOT maintains that these provisions are crucial for balancing the economic benefits of Streateries while maintaining the importance of public safety, accessibility, and the preservation of public rights-of-way. The proposed rules’ restrictions regarding enclosures remain in the final rulemaking. Existing Streateries / Section 4507 Comment Summary: RAMW requested that existing Streateries “that have demonstrated their value through four years of safe, successful operation be allowed to continue”, even if they do not meet updated requirements. DDOT Response: The intent of this rulemaking is to transition the temporary, emergency-era Streatery Program into a comprehensive, permanent framework that ensures long-term public safety, accessibility, and consistency across all Streateries. The new regulations, including design standards, operational requirements, and permitting processes, reflect extensive public engagement, lessons learned from the temporary program, and a commitment to best practices for public space management. All Streateries, new and existing, must meet the updated requirements to ensure equity, safety, and proper integration into the public right-of-way under the permanent program. No changes have been made to the rules based on this comment. Golden Triangle Business Improvement District The Golden Triangle Business Improvement District (GTBID) submitted comments on the proposed rules. DDOT considered the GTBID’s comments as part of the rulemaking process and provides the below responses to the specific, proposed changes. Parklets / Section 4599 Comment Summary: The GTBID requested that DDOT clarify that Streatery rules and guidelines will not impact Parklets. DDOT Response: Subsection 4599 of the proposed rulemaking provides definitions specific to the Streatery Program. This rulemaking makes it clear that the rules and guidelines established in this rulemaking apply specifically to Streateries as defined in Subsection 4599. Other public space uses, such as Parklets, that do not fall under the definition of a Streatery are not contemplated in this rulemaking. Parklets would be governed by existing or separate DDOT public space regulations and permitting processes. This rulemaking’s intent is to create a clear and consistent framework solely for the permanent Streatery Program. Therefore, no changes have been made to the rules based on this comment. Definitions / Section 4599 Comment Summary: The GTBID proposed adopting three new definitions that would define and differentiate Streateries from Parklets and Sidewalk Extensions. DDOT Response: This rulemaking focuses specifically on establishing a permanent framework for Streateries. The rulemaking defines “Streatery or Streateries” as well as “Sidewalk Extension” in Subsection 4599. While DDOT understands the desire for clear distinctions among various public space uses, this rulemaking is tailored to the unique operational and design considerations of the permanent Streatery Program. The term “Parklet” is not formally defined within this specific rulemaking. Parklets generally refer to a broader category of public space that may not solely be for outdoor dining and thus would typically fall under different public space permitting and design guidelines. Therefore, no changes have been made to the rules based on this comment. Sidewalk Extensions and Parklet / Section 4510 Comment Summary: The GTBID requested that the rulemaking should “clearly and indefinitely exempt both Parklets and Sidewalk Extensions from any type of parking meter fees or public space rental fees, including those proposed in Section 4509.” DDOT Response: The fees proposed in section 4510, formerly section 4509, are specific to Streatery operations, and this rulemaking does not consider Parklets for the purposes of these added and amended sections. Any consideration of fees or exemptions for other distinct public space amenities like Parklets would be addressed under a separate rulemaking. Therefore, no changes have been made to the rules based on this comment. Block Permitting Process / Section 4500 Comment Summary: The GTBID proposed removing the requirement for BIDs and Main Street Organizations to be involved in the Streatery block permitting process. They request DDOT to “revise both the Proposed Rulemaking and Streatery Guidelines to clarify a different process.” DDOT Response: The requirement for engagement with BIDs and Main Street Organizations (MSO) is a critical element of the Streatery Block Permit process. The BIDs and MSOs serve as vital community stakeholders, who possess unique insights into the local economic landscape, business needs, and overall neighborhood dynamics. Their involvement helps ensure that Streatery Block Permits are reviewed with a detailed understanding of their potential impact on the broader commercial corridor and community, fostering a more collaborative and effective approach to public space management. While DDOT understands the desire for a streamlined process, the current framework is designed to facilitate robust community input and coordination, which is critical for the successful transition of permanent Streateries into the District’s neighborhoods. DDOT considers this requirement of the rules to be essential to the program’s success and aligns with community interests. Therefore, no changes have been made to the rules based on this comment. The proposed final rules were submitted to the Council of the District of Columbia (“Council”) on date for its review and approval pursuant to section 401(b) of the Department of Buildings Establishment Act of 2020, effective April 5, 2021 (D.C. Law 23-269; D.C. Official Code § 10- 564.01(b)). See Streateries Rulemaking Approval Resolution of 2026, introduced by the Mayor on February --, 2026 (Prop. Res. 26-XX). The Council, not having taken action to approve or disapprove the proposed final rules before the end of the review period, the proposed final rules were deemed approved by the Council on MONTH DAY, 2026. / The Council voted to approve the Streateries Rulemaking Approval Resolution of 2026 on ------ ----, 2026. On DATE, the Directors of the District Department of Transportation and Department of Buildings adopted this final rulemaking. The rules shall become effective upon the date of publication of this notice in the District of Columbia Register. Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, is amended as follows: Chapter 43, DISTRICT DEPARTMENT OF TRANSPORTATION (DDOT) INFRACTIONS, is amended as follows: A new Section 4315, STREATERIES INFRACTIONS, is added to read as follows: STREATERIES INFRACTIONS 4315.1 Reserved 4315.2 Violations of any of the following provisions shall be a Class 2 infraction: (a) Operating a Streatery without a permit. 4315.3 Violations of any of the following provisions shall be a Class 3 infraction: (a) Placing, on a Streatery structure, images or words viewable from the street (24 DCMR § 4502.2); (b) Exceeding the number of seats permitted within a Streatery (24 DCMR § 4502.3); (c) Failure to include at least one (1) ADA compliant table within a Streatery (24 DCMR § 4502.4); (d) Failure to provide an accessible route to an ADA compliant table within a Streatery (24 DCMR § 4502.4); (e) Use of any part of a Streatery for storage except for approved Streatery elements (24 DCMR § 4502.5); (f) Failure to maintain a continuous physical edge to buffer outdoor dining area from adjacent vehicular traffic in Streateries located in a travel lane or parking lane excepting required gaps for safety access points (24 DCMR § 4503.2); (g) Placing a barrier between the outdoor dining area of a Streatery and the sidewalk (24 DCMR § 4503.3); (h) Fully enclosing a Streatery (24 DCMR § 4503.4); (i) Bolting or permanently affixing Streatery barriers or structures to public space (24 DCMR § 4503.5); (j) Failure to arrange Streatery furniture or fixtures in a way that provides ready access by aisles to each exit way (24 DCMR § 4504.1); (k) Failure to keep fire protection equipment located within a Streatery in working condition, visible, and conveniently accessible (24 DCMR 4504.3); (l) Preparing or storing food or alcohol within a Streatery (24 DCMR § 4504.4); (m) Storing trash or refuse within a Streatery (24 DCMR § 4504.5); (n) Erecting, maintaining, or placing a structure or enclosure to accommodate the storage of trash or refuse within a Streatery (24 DCMR § 4504.5); (o) Placing generators or televisions within a Streatery (24 DCMR § 4513.3); (p) Playing live or amplified music within a Streatery (24 DCMR § 4513.3); (q) Placing ropes, chains, or fencing in a Streatery that prevents people from entering the Streatery from the sidewalk (24 DCMR § 4513.3); and (r) Charging a fee to access a Streatery (24 DCMR § 4513.4). 4315.4 Violations of any of the following provisions shall be a Class 4 infraction: (a) Failure to affix two (2) signs to a Streatery that indicate the business name, seating hours, seating capacity, and emergency contact information (24 DCMR § 4502.1). 4315.5 Reserved Title 24 DCMR, PUBLIC SPACE AND SAFETY, is amended as follows: A new Chapter 45, STREATERIES, is added to read as follows: CHAPTER 45 STREATERIES Section 4500, APPLICABILITY, PERMIT REQUIREMENT, AND CERTIFICATE OF USE REQUIREMENT is added to read as follows: APPLICABILITY, PERMIT REQUIREMENT, AND CERTIFICATE OF USE REQUIREMENT 4500.1 This chapter shall apply to all Streateries. 4500.2 No person or entity shall occupy the parking lane of a roadway, an alley, or a travel lane for the purposes of creating a Streatery without a Streatery Permit. 4500.3 No person or entity shall operate a Streatery without first having obtained a Certificate of Use. 4500.4 Section 4501, STREATERY TYPES AND LOCATION CRITERIA, is added to read as follows: STREATERY TYPES AND LOCATION CRITERIA 4501.1 The Streatery types shall be: (a) Parking lane Streateries; (b) Travel lane Streateries; and (c) Alley Streateries. 4501.2 A parking lane Streatery may only be located on streets with speed limits of thirty miles per hour (30 mph) or less and within: (a) One or more parking spaces; or (b) A sidewalk extension. 4501.3 A parking lane Streatery may be in a Residential Permit Parking (“RPP”) Zone, as defined in 18 DCMR 9901, if: (a) The Streatery is for a single business; and (b) The parking space or spaces are directly adjacent to the business. 4501.4 A parking lane Streatery shall not be in or on: (a) Travel lanes or alleys; (b) Streets with a functional classification designation of Other Freeway and Expressway, or Interstate, as defined in the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, available from the Department’s website; (c) Rush hour restricted locations; (d) ADA-Accessible on-street parking meter spaces; (e) Loading zones; (f) Bus stop pads; (g) Zones designated by sign for picking up and dropping off passengers or goods; (h) A Capital Bikeshare station; (i) An area within the roadway, delineated with plastic reflective delineator posts or other physical barriers, reserved for placement and parking of bicycles, scooters, electric mobility devices and/or personal mobility devices; (j) Parking spaces not directly adjacent to the curb; or (k) Utility vaults or regulator station vaults. 4501.5 A travel lane Streatery that occupies some but not all travel lanes of a roadway segment may only be located on streets: (a) Where seventy-five percent (75%) or more of the ground-floor street frontage consists of commercial uses; and (b) That have speed limits of thirty miles per hour (30 mph) or less. 4501.6 A travel lane Streatery that occupies some but not all travel lanes of a roadway segment shall not be in or on: (a) Streets with a functional classification designation of Principal Arterial, Other Freeway and Expressway, or Interstate, as defined in the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, available from the Department’s website; (b) Rush hour restricted locations; (c) Two-way streets with only two (2) lanes of travel whose closure results in one-way vehicle circulation; or (d) Utility vaults or regulator station vaults. 4501.7 A travel lane Streatery that occupies all travel lanes of a roadway segment may only be located on streets where seventy-five percent (75%) or more of the ground-floor street frontage consists of commercial uses. 4501.8 A travel lane Streatery that occupies all travel lanes of a roadway segment shall not be in or on: (a) Streets with a functional classification designation of Principal Arterials, Other Freeway and Expressway, or Interstate, as defined in the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures; (b) Street segments with emergency facilities (e.g., fire station, police station, etc.) (c) WMATA Bus Routes or DC Streetcar Routes; or, (d) Utility vaults or Washington Gas regulator station vaults. 4501.9 The location of an alley Streatery: (a) Shall be located along the frontage directly adjacent to the business; (b) Shall provide a six foot (6 ft.) clear path to service entrances; (c) Shall not block access to adjacent buildings, businesses, or trash services; and (d) Shall not be on vaults or grates. 4501.10 A parking lane, travel lane, or alley Streatery shall be located directly adjacent to the frontage of the permitted business. 4501.11 Notwithstanding § 4501.10, a Streatery may extend beyond the frontage of the permitted business, but only if it can provide a letter of support from the adjacent property owner along whose commercial property frontage the Streatery will extend. Section 4502, PHYSICAL CRITERIA FOR STREATERIES, is added to read as follows: PHYSICAL CRITERIA FOR STREATERIES 4502.1 Once the Streatery is constructed, the permit holder must affix two (2) signs to the Streatery that indicate the business name, seating hours, seating capacity, and emergency contact information. The signs shall be placed on the Streatery edge facing the sidewalk and must be placed in conspicuous locations that are visible to passersby at all hours of the day. 4502.2 No images or words may be placed on any part of the Streatery structure viewable from the street. 4502.3 The number of seats allowed within a Streatery shall be determined by dividing the total square footage of the Streatery by fifteen (15) and rounding down. 4502.4 A Streatery shall include at least one (1) ADA compliant table. An accessible route shall be provided to access each accessible table with a clear floor area of thirty inches by forty-eight inches (30 in. x 48 in.) at each accessible seating location. 4502.5 No part of a Streatery may be used as storage except for approved Streatery elements. Section 4503, STREATERY STRUCTURES AND BARRIERS, is added as follows: STREATERY STRUCTURES AND BARRIERS 4503.1 The Streatery shall comply with the provisions of this section, and applicable provisions of Chapter 2 of this title, including the requirement for a Streatery Permit, prior to the Streatery’s construction or occupancy. 4503.2 If the Streatery is in a travel lane or parking lane, the Streatery shall have a continuous physical edge to buffer the outdoor dining area from adjacent vehicular traffic, except that the Director may require gaps for safety access points. 4503.3 Barriers shall not be placed between the outdoor dining area and the sidewalk. 4503.4 The Streatery shall not be fully enclosed at any time. 4503.5 Barriers and structures shall not be bolted or permanently affixed to public space. Section 4504, SAFETY AND SANITATION STANDARDS, is added to read as follows: SAFETY AND SANITATION STANDARDS 4504.1 Any approved Streatery furniture or fixtures shall be arranged to provide for ready access by aisles to each exit way. 4504.2 All fire protection equipment shall be kept in working condition. Extinguishers, hoses, and other fire protection appliances required by the Fire Chief shall be always visible and conveniently accessible. 4504.3 Food or alcohol preparation or storage is prohibited within the Streatery area. 4504.4 Trash or refuse storage shall not be located within a Streatery, and no structure or enclosure to accommodate the storage of trash or refuse shall be erected, maintained, or placed within or adjacent to a Streatery. Section 4505, GENERAL STREATERY PERMIT ELIGIBILITY REQUIREMENTS, is added to read as follows: GENERAL STREATERY PERMIT ELIGIBILITY REQUIREMENTS 4505.1 No Applicant shall be issued a Streatery Permit unless the proposed Streatery meets the requirements of this chapter. 4505.2 No Applicant shall be issued a Streatery Permit unless the subject property is licensed as, or has received a variance to operate, a legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop. 4505.3 No Applicant shall be issued a Streatery Permit unless the Applicant provides comprehensive indemnification to the District for any costs or damages which it incurs as a result of actions taken by the permittee in connection with the exercise of any rights or privileges granted in any permit issued pursuant to this chapter. 4505.4 A Streatery Permit shall be issued when the following conditions are satisfied: (a) The Director has received an application to occupy public space; (b) The Director has reviewed and approved the application pursuant to this chapter; (c) All applicable fees have been paid; and (d) All insurance requirements and indemnification described in the permit terms and conditions have been approved and fulfilled. Section 4506, APPLICATION PROCEDURES FOR A STREATERY PERMIT, is added to read as follows: APPLICATION PROCEDURES FOR A STREATERY PERMIT 4506.1 The Applicant shall file for a Streatery Permit, which may be either a: (a) Streatery Block Permit; or (b) Streatery Design Permit. 4506.2 An Applicant shall apply for both a Streatery Block Permit and a Streatery Design Permit if their application is for a: (a) Alley Streatery; (b) Travel lane Streatery; or (c) Parking lane Streatery for multiple businesses. 4506.3 Each Applicant for a Streatery Permit shall file for a Building Permit, except that a Building Permit may not be required if the Streatery Permit does not require any structure to be built and is for a(n): (a) Alley Streatery; (b) Entire travel lane closure; or (c) Streatery that does not require a structure to be constructed at the same grade as the sidewalk. 4506.4 An eligible Applicant for a Streatery Design Permit shall be an owner of commercial properties or eligible establishment tenants described in § 4505.2 abutting public space. 4506.5 Each application for a Streatery Design Permit shall include a signed letter of support from: (a) An owner of the commercial property that the eligible establishment tenant occupies, if the applicant is not the owner of the commercial property; and (b) An owner of each commercial property whose frontage is adjacent to the public space to be occupied, if the Streatery extends beyond the frontage of the business. 4506.6 The application for any Streatery Permit shall be submitted to the Director on the form and in the manner prescribed for that purpose. 4506.7 Each application for a Streatery Design Permit shall include the following: (a) The location and address of the proposed Streatery and a description of the boundaries of the curb lane, travel lane, or alley proposed to be occupied; (b) A statement of the days and times of the week that the Streatery will operate; (c) A statement of the anticipated periods of use during the year and whether the Streatery is located on a snow emergency route; (d) An electronic copy of the Streatery site plan, stamped by a structural Professional Engineer (PE) who is certified in the District, front and side elevations, appropriate longitudinal and latitudinal sections, and a structural diagram showing the items listed in § 4506.8; (e) Three (3) digital photographs of the surface space clearly identifying the following: (1) Frontal view; (2) Sharp angle right side view; and (3) Sharp angle left side view; (f) Elevations, including the dimensions of the Streatery; (g) Sections, or “cut-through” drawings of the structure design that articulate complex design elements, such as how accessibility is provided; (h) Construction details, which include: (1) Any hardware such as fasteners to be used in the construction process; (2) A detail showing how positive drainage flows along the curb line will be maintained, and how access to the drainage channel will be provided if it gets blocked; and (3) Drainage calculations for spread, ponding depth, and drainage channel capacity; (i) Utility access plan; (j) Copy of the Certificate of Occupancy; (k) Building Permit application, where applicable; (l) Copy of the Business License; (m) Copy of the rental lease agreement, if the applicant is not the owner of the property; (n) Letter of support, if any, from the Single Member District for Streateries within Residential Parking Permit (RPP) spaces; (o) Signed maintenance and operation agreement; and (p) Point of contact information. 4506.8 The site plan required under § 4506.7(d) shall show the following: (a) The width, length, and location of the Streatery areas in relation to the parking lane, travel lane, or alley; (b) The location of all tables, chairs, jersey barriers, railings, planters, and platforms; (c) The seating capacity of the Streatery and the location of access ways and aisles; (d) The separation between the edge of the parking lane and the Streatery space; (e) The total distribution of the public right of way, including width and length of the sidewalk, parking lane, or travel lane occupied by and adjacent to the Streatery and the location of any public improvements within or adjacent to the Streatery, including, but not limited to, bicycle racks, Capital Bikeshare stations, utility poles, fire hydrants, signs, posts, parking meters, bus stops, bus shelters, Metrorail station entrances, trees and tree grates, and utility vaults; (f) Any proposed improvements to the public space, including electrical connections and installations, new sidewalk, walls, platforms, lighting, landscaping, plantings, railings, or other forms of weather protection. This information shall be accompanied by the manufacturer's detailed standards and location schedule; (g) The location of the Streatery in relation to the property line, sidewalk, parking lane, travel lane, street curb(s), and to any other Streatery located on the block face; (h) The location, height, and dimensions of any overhead structure, if any, and whether the overhead structure will be in fixed positions or capable of retraction, folding, or otherwise being moved; (i) Any object to be affixed or attached to the overhead structure of the Streatery; (j) The height and dimensions of any platforms, floors, walls, and dividers; (k) All Streatery construction and structural parts, including the structural adequacy of each; (l) The location of any fire escapes, drop ladders, and stairs; (m) The grade of the adjacent sidewalk if the topography deviates from the District standard sidewalk grade; (n) The location of any fire protection systems, equipment, or appliances; (o) The location of any public utility cut-offs; and (p) The spread calculations demonstrating that the depth and width of flow meet Department requirements established in the most recent iteration of the Department’s Design and Engineering Manual, available from the Department’s website. 4506.9 A Streatery Block Permit application shall include a: (a) Site plan; and (b) Curbside management and delivery plan. 4506.10 The Applicant shall give appropriate notice of the application by posting on the proposed Streatery location a notice that an application for a Streatery Permit has been filed with the Director. The notice shall be posted in the manner set forth in this section. 4506.11 Notices shall be posted at each street frontage of the property involved and on the front of the building located on the property. All notices shall be in plain view of the public. 4506.12 Notices shall be on paper having a minimum size of eight and one-half inches by eleven inches (8 1/2 in. x 11 in.). 4506.13 Each notice shall be approved by the Director. 4506.14 Each notice shall include the following information: (a) The date of the application; (b) The nature of the application; (c) The name of the Applicant; (d) The Advisory Neighborhood Commission within which the property is located; (e) The property or properties involved; and (f) The name, address, and electronic mail address of the person designated by the Director to receive written comments. 4506.15 Within five (5) calendar days after the date the Streatery Permit application has been filed, each Applicant shall file with the Director a sworn affidavit demonstrating compliance with the notice provisions of this section. 4506.16 Each Applicant shall make a reasonable effort to maintain the posted notice by checking the signs at least every five (5) calendar days and by posting new notices as necessary. 4506.17 A Streatery Permit application for a Streatery that would occupy a parking lane for multiple businesses or is in a travel lane or alley shall include a: (a) Site plan; and (b) Curbside management and delivery plan. 4506.18 The site plan described in §§ 4506.7 and 4506.8 shall include: (a) Building façade(s), addresses, and associated building entrances; (b) Existing sidewalk widths; (c) Existing curb cuts and/or driveways; (d) Existing bike lanes, bus routes, and bus stops; (e) For alley Streateries, existing trash services; (f) Existing parking spaces with dimensions and descriptions of curbside regulations for the affected area; (g) Dimensions of any existing tree boxes, bioretention areas, or other landscaping located in the public space within the proposed impacted area; (h) Existing parking meters; and (i) The proposed Streatery footprint and dimensions, including setback dimensions. 4506.19 An Applicant for a Streatery Permit shall apply to the Director of the District Department of Buildings for a Certificate of Use pursuant to 24 DCMR § 306. Section 4507, STREATERY PERMIT REVIEW PROCESS, is added to read as follows: STREATERY PERMIT REVIEW PROCESS 4507.1 The Director may only approve a permit that: (a) Complies with all applicable laws and regulations; (b) Provides a reasonable degree of safety for life and property from the hazards of fire and explosions in accordance with the D.C. Fire Code; (c) Complies with § 4503; and (d) Does not adversely affect the public health and safety. 4507.2 If the proposed Streatery is located within areas subject either to the “Shipstead Luce Act” D.C. Official Code § 6-611.01 et seq.), or to the “Old Georgetown Act” (D.C. Official Code § 6-1201 et seq.), the Applicant shall comply with the conditions of the Shipstead-Luce Act, approved May 16, 1930 (Public Law 71-231; D.C. Official Code § 6-611.01 et seq.); or Section 2 of the Old Georgetown Act of 1950, approved September 22, 1950 (64 Stat. 904; D.C. Official Code § 6-1202), and, in either event, 24 DCMR § 205. 4507.3 If the proposed Streatery is located within an “Historic District,” as defined in D.C. Official Code § 6-1102(5), or is attached to an “Historic Landmark” as defined in D.C. Official Code § 6-1102(6), the application shall be referred to the Historic Preservation Review Board, in accordance with the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144; D.C. Official § 6-1101 et seq.). 4507.4 The Director shall determine whether the proposed Streatery may have an adverse effect on the pedestrian or vehicular traffic in the area, whether the proposed Streatery is in compliance with applicable provisions of Chapter 2 of this title, and whether the proposed Streatery is in compliance with the provisions of this chapter. The Director shall also approve the design of the proposed Streatery and shall forward copies of the application and the plan to the Fire Chief and the Director of the District Department of Buildings. 4507.5 The Director of the District Department of Buildings shall notify the Director and Applicant of his or her comments, including a recommendation, as described in § 4507.6 and § 4507.7, within fifteen (15) business days of receipt of the plan and application for a Streatery Permit. 4507.6 The Director of the District Department of Buildings shall verify the ownership of the subject property and whether the property is zoned for or has been granted a variance for the proposed use. 4507.7 Where applicable, the Director of the District Department of Buildings shall review and preliminarily approve the necessary building permit and shall determine whether the structural adequacy and safety of the proposed construction, and the framing and materials of the proposed Streatery are in accordance with the provisions of this chapter and the applicable provisions of the D.C. Building Code. 4507.8 The Director shall forward the site plan to the following entities and persons for their review and comments: (a) The affected Advisory Neighborhood Commission; (b) The public utility companies that operate or maintain equipment or service in the area beneath the proposed Streatery; and (c) The owner or occupants of the adjacent property. 4507.9 The persons, groups, and agencies listed in § 4507.8(a) and (c) shall forward their comments to the Director within thirty (30) business days of receipt of the plan and application. 4507.10 The utility companies listed in § 4507.8(b) shall notify the Director and Applicant of their comments within fifteen (15) business days of receipt of the plan and application. 4507.11 If a District agency or a utility company has objections or conditions that have not been

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Phil Mendelson (D)*, 

Referred to Committee on Transportation and the Environment (on 03/03/2026)

Official Document