Executive Order 21 - Outdoor Dining Areas








WHEREAS, Governor Ron Desantis issued Executive Order Number 20-52 on

March 9, 2020, declaring that a state of emergency exists in every county in the State of

Florida; and

WHEREAS, the City Council of the City of Port Orange has declared a Local State

of Emergency beginning March 16, 2020 at 7:00 p.m. pursuant to Resolution 20-12; and

WHEREAS, the Coronavirus (COVID-19) epidemic may cause life threatening

conditions for the residents of the City of Port Orange; and

WHEREAS, it’s in the best interests of the public health and safety for residents to

avoid large gatherings of people; and

WHEREAS, Governor Ron Desantis implemented the first phase of the Re-Open

Florida Plan by adopting Executive Order 20-112 which allows restaurant to resume onpremise

consumption of food and beverages with certain limitations; and

WHEREAS, Executive Order 20-112 limits indoor restaurant occupancy to only

25% of capacity; and

WHEREAS, the City of Port Orange foresees the need for restaurants to create

temporary outdoor dining areas to serve additional patrons; and

WHEREAS, the City of Port Orange has developed a temporary outdoor dining

area permit process to provide restaurant with additional capacity to serve customers.

NOW THEREFORE, be it ordered by the NIMS Incident Commander and

Emergency Management Director of the City of Port Orange, Volusia County, Florida, as


SECTION 1. Temporary outdoor dining areas are hereby authorized by permit

only. Those restaurants that already have outdoor dining areas approved as part of their

existing site plan are not required to obtain a permit to serve patrons in those existing

outdoor dining areas. The temporary outdoor dining area permit requirements and

procedures are as follows:

• Permit Applications

o Permit applications are available on the city’s website at [https://www.portorange.

org/816/COVID-19-Restaurant-Re-Opening-Procedure]. Completed

applications shall be submitted via email to [email protected] or via

the drop boxes located at the entrances to City Hall. There is no fee to submit

a permit application or obtain a permit.

• Eligibility Requirements

o Applicant must be a restaurant open to the public and licensed to serve food

and/or beverages on-premise.

o Applicant owns (or has been authorized by the owner of) the property on which

the temporary dining area is proposed to be operated.

• Application Requirements

o Application must be signed by the owner of the restaurant.

o Applicant shall provide the name, address, and contact information for a

representative of the restaurant available for contact by the City 24-7.

o Applicant must provide written authorization from the owner of the property (or

authorized agent) on which the temporary dining area is proposed.

o Af)plicant shall submit a sketch of the temporary outdoor dining area detailing

the proposed layout to include but not limited to the following:

• Tables and seating with separation in accordance with the Governor’s

Executive Order 20-112 and CDC Guidelines.

■ Tents, fencing and other temporary structures

• Waste receptacles

• Sanitation areas

■ Ingress and egress with accessible path to parking area

• Permit Conditions

o Outdoor occupancy shall not exceed the originally approved occupancy limit

for the restaurant.

o Permitholder must at all time comply with the Governor’s Executive Order 20-

112 and any rules promulgated by the Florida Department of Business and

Professional Regulation.

o Permitholder is responsible to ensure a clear path is maintained for access to

the restaurant and temporary outdoor dining area in accordance with the

Americans with Disabilities Act (ADA).

o If utilizing one or more outdoor tents, permitholder shall ensure all points of

ingress and egress remain unblocked.

o The maximum tent size that may be used without a permit is 1 O’ X 1 O’. Larger

tents will require a building permit and corresponding building permit fee.

o Permitholder must ensure that sufficient access is preserved for emergency

vehicles and fire hydrants.

o Restaurants must comply with established parking ratios.

o City inspection of final setup is required prior to commencing operations.

• Permit Duration

o Permits are subject to termination by subsequent Executive Order of the

Governor or the City Manager.

o Under no circumstances shall a permit remain valid beyond the Local State of


SECTION 2. This Executive Order shall become effective immediately.

Show All Answers

1. Executive Order 1 - Utility Shut-offs
2. Executive Order 2 - Revoking Event Permits
3. Executive Order 3 - Suspending Meetings
4. Executive Order 4 - Closure of City Buildings
5. Executive Order 5 - Recreation Programs
6. Executive Order 6 - Extending Local Emergency
7. Executive Order 7 - Extending Local Emergency
8. Executive Order 8 - Temporary Signage
9. Executive Order 9 - Virtual Meetings
10. Executive Order 10 - Utility Shut-offs
11. Executive Order 11 - Extending Local Emergency
12. Executive Order 12 - Temporary Signage
13. Executive Order 13 - Extending Local Emergency
14. Executive Order 14 - Extending Due Dates
15. Executive Order 15 - Extending Local Emergency
16. Executive Order 16 - Labor Negotiation Meetings
17. Executive Order 17 - RV Usage
18. Executive Order 18 - Extending Local Emergency
19. Executive Order 19 - Temporary Shut Offs
20. Executive Order 20 - Suspension of Special Event Permits
21. Executive Order 21 - Outdoor Dining Areas
22. Executive Order 22 - Reopening of Skate Park
23. Executive Order 23 - Extending Local Emergency
24. Executive Order 24 - Utility Shut-offs
25. Executive Order 25 - Virtual Purchasing Meetings
26. Executive Order 26 - Extending Local Emergency