PR26-0545 Streatery Program Rulemaking Approval Resolution of 2026 |…

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MURIEL BOWSER
MAYOR
February 17, 2026
T
he Honorable Phil Mendelson
Chairman
Council of the District of Columbia
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.”
T
he 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.
M
y 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,
M
uriel Bowser

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at the request of the Mayor
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
15 To approve proposed final rules establishing a streatery permit program.
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17 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18 resolution may be cited as the "Streatery Program Rulemaking Approval Resolution of 2026".
19 Sec. 2. Pursuant to section 40 I (b) of the Department of Buildings Establishment Act of
20 2020, effective April 5, 2021 (D.C. Law 23-269; D.C. Official Code§ 10-564.0l(b)), the Council
21 approves the proposed final rules of the District Department of Transportation and Department of
22 Buildings, amending Chapter 43 (District Department of Transportation (DDOT) Infractions) of
23 Title 16 (Consumers, Commercial Practices, and Civil Infractions) and adding a new Chapter 45
24 (Streateries) to Title 24 (Public Space and Safety) of the District of Columbia Municipal
25 Regulations, regarding streateries, which were transmitted by the Mayor to the Council on February
26 --, 2026, and a notice of proposed rulemaking for which was published in the District of Columbia
27 Register on May 2, 2025, at 72 DCR 5475.
28 Sec. 3. Transmittal.
29 The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor , the
30 Director of the District Department of Transportation, and the Director of the Department of
31 Buildings.
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Sec. 4. Fiscal impact statement 32
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 33
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 34
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 35
Sec. 5. Effective date. 36
This resolution shall take effect immediately. 37
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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 o f 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
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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 i nfraction 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.”
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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 infrac tion 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 use s 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 F reeway 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
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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 Stre ateries 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 Boa rd (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 suggest ed 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 vehi cle 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 suggest ed 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.
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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 45 10, 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 corri dor 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 --, 202 6 (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, 202 6. / 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:

4315 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);

(d) Failure to provide an accessible route to an ADA compliant table with in 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 Strea teries 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);
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(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:

4500 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:

4501 STREATERY TYPES AND LOCATION CRITERIA

4501.1 The Streatery types shall be:

(a) Parking lane Streateries;

(b) Travel lane Streateries; and

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
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District of Columbia Department of Transportation Standard Specifications
for Highways and Structures, available from the Department’s website;

(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;

(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.)

(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;

(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:

4502 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:

4503 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 tr avel 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:

4504 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.
13

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:

4505 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 permitte e 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;

(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:

4506 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

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

4506.4 An eligible Applicant for a Streatery Design Permit shall be an owner of
commercial properties or eligible establishment tena nts 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;

(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 structu re of the
Streatery;

(j) The height and dimensions of any platforms, floors, walls, and dividers;
17

(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 gr ade 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 bui lding 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;

(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 Appl icant 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;

(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:

4507 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;

(d) Does not adversely affect the public health and safety.

4507.2 If the proposed Streate ry 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 Histori c
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 accor dance 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

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) bus iness 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 resolved by the Applicant prior to the end of the fifteen (15) business day
review period, the applicati on and the plan shall be returned to the Applicant for
resolution of the objections or satisfaction of the conditions.

4507.12 If the Director has returned the application to the Applicant for resolution of the
objections or conditions, the Applicant shall forward a revised plan and application
to the Director.

4507.13 If the application is approved, and when the fees as outlined in § 4510.2 have been
paid, as outlined in § 4510.1, the Director shall issue the Streatery Permit.

4507.17 Within five (5) business days of the satisfaction of the requirements of §§ 4506 and
4507, the Director shall forward the application, the plan, and all received
comments to the Chairperson of the Public Space Committee and notify the
Applicant that the materials have been forwarded.

4507.18 Once the Applicant receives notice that the application, plan, and comments were
forwarded to the Chairperson, the Applicant shall post a notice that the Public Space
Committee will conduct a hearing of the Streatery application. The notice shall be
posted at least 30 days before the hearing, and shall contain the hearing’s date, time,
and location.

4507.19 The notice required under § 4507.18 shall be posted according to the provisions of
§§ 4506.12 - 4506.15.

Section 4508, PUBLIC SPACE COMMITTEE WAIVERS, is added to read as follows:

4508 PUBLIC SPACE COMMITTEE WAIVERS

4508.1 The Public Space Committee may waive the following program requirements;
provided, that the waiver would not create an undue risk to pedestrians or other
roadway users:

(a) The minimum required distance between Streateries and curb cuts,
driveways, alleys, and trees;

(b) The prohibition on Streatery enclosures or vertical support structures that
exceed forty-two (42) inches in height; and

4508.2 A Streatery permit holder that receives an exception under § 4508.1 shall apply for
a Streatery permit renewal through the Public Space Committee every two ( 2)
years.

Section 4509, AUTOMATIC EXPIRATION OF STREATERY PERMITS, is added to read
as follows:

4509 AUTOMATIC EXPIRATION OF STREATERY PERMITS

4509.1 A Streatery Permit shall automatically expire if the construction of the proposed
Streatery is not commenced within ninety (90) calendar days from the effective date
of the Streatery Permit.

4509.2 A Permittee may request that the Director approve a dela y in the construction of
the Streatery. The request shall be in writing and shall provide sufficient reasons
for the delay.

4509.3 If the construction is commenced within the prescribed period but is not completed
within six (6) months from the date the Streatery Permit was issued, the Director
shall revoke the Streatery Permit due to a lack of construction activities.

4509.4 The Director may approve one request for delay in the progress of the construction
of a Streatery. The delay shall not exceed three (3) months.

Section 4510, FEES FOR STREATERY PERMITS, is added to read as follows:

4510 FEES FOR STREATERY PERMITS

4510.1 The appropriate fees, pursuant to this chapter, shall be paid in person or online by
credit card, echeck, check or money order, payable to the D.C. Treasurer.

4510.2 The annual public space rental fee for a Streatery Permit shall be assessed at twenty
dollars ($20) per square foot.

4510.3 The permit fee for a Streatery Permit shall be two hundred and sixty dollars ($260).

Section 4511, CERTIFICATE OF USE, is added to read as follows:

4511 CERTIFICATE OF USE

4511.1 An Applicant shall, after receiving a Streatery Permit, apply to the Director of the
Department of Buildings for a Certificate of Use.

4511.2 The Director of the Department of Buildings shall issue a Certificate of Use when
the following conditions have been satisfied:

(a) The Streatery has been inspected and the issuance of a Certificate of Use
has been approved by the Director and the Director of the Department of
Buildings;

(b) The Streatery complies with the requirements of this chapter, with the terms
and conditions of the Streatery Permit and, where applicable, the Building
Permit;

(d) All applicable fees, including all present and past Streatery rental fees, have
been paid.

4511.3 If the Streatery does not comply with the requirements of § 4511.2, the request for
a Certificate of Use shall be denied.

4511.4 Where applicable, the Applicant shall be informed by the Director of the
Department of Buildings of the reasons why the Certificate of Use has been denied.

4511.5 The Applicant shall have sixty (60) calendar days to correct any deficiencies and to
reapply for a Certificate of Use pursuant to § 4511.1.
23

4511.6 A Certificate of Use shall be valid for twelve (12) months and shall be renewed
annually on the date specified on the certificate.

4511.7 An Applicant shall apply for a renewal of the Certificate of Use in accordance with
§ 4511.2.

Section 45 12, FINES FOR AND REVOCATION OF STREATERY PERMITS AND
CERTIFICATES OF USE, is added to read as follows:

4512 FINES FOR AND REVOCATION OF STREATERY PERMITS AND
CERTIFICATES OF USE

4512.1 A Streatery Permit issued by the Director may be revoked at any time upon
reasonable determination, which may include the following reasons:

(a) There is a public need for the use of the parking lane, alley, or travel lane;

(b) The Permittee has failed to make use of the public space for a period of
more than six (6) consecutive months after the effective date listed on the
Streatery Permit; or

4512.2 The failure to comply with public space requirements pursua nt to Sections 4502 -
4504 or Section 4513 of this Chapter is a Class 3 infraction that the Department
will enforce pursuant to the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6 -42; D.C. Official
Code §§ 2-1801.01 et seq.), and 16 DCMR §§ 3200 and 3201.

4512.3 The Permittee shall restore the public space within seventy -two (72) hours
following the revocation of a Streatery Permit or Certificate of Use.

4512.4 A person shall not operate a Streatery subsequent to the revocation of a Streatery
Permit, unless a new Streatery Permit and a new Certificate of Use has been issued
pursuant to this chapter.

4512.5 If a Streatery Permit has been revoked pursuant to § 4512.1, the Director of the
District Department of Buildings, upon the recommendation of the Director, may
reissue the Building Permit if the Applicant certifies that the construction will
comply with the provisions of the initial Building Permit and the initial Streatery
Permit, and that the construction will be completed within six (6) months from the
date the permits were reissued.

4512.6 The Director shall reissue a Streatery Permit , and the Director of the District
Department of Buildings shall restore and reissue a Certificate of Use , when the
conditions that caused the revocation to be issued have been corrected.

4512.7 Any costs incurred by the Department, the District Department of Buildings, and
any other District agency, as determined by the Director and the Director of the
District Department of Buildings, in connection with the revocation and the
issuance of a new Streatery Permit and a new Certificate of Use, shall be paid by
the Applicant before the Streatery Permit and the Certificate of Use are reissued.

4512.8 The Director shall notify the Permittee that their Streatery Permit has been revoked
by mail at the Permittee’s address and electronic mail address provi ded to the
Director.

4512.9 The Director of the Department of Buildings shall notify the Permittee that their
Certificate of Use permit has been revoked in a manner specified in Section 113.5.5
of Title 12A of Building Code Supplement of 2017 (12-A DCMR 113.5.5).

4512.10 Any notices of infraction made pursuant to this section shall be adjudicated by the
Office of Administrative Hearings pursuant to the Department of Consumer and
Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C.
Law 6-42; D.C. Official Code § 2-1801.01 et seq.) and 16 DCMR § 3100 et seq.

4512.11 A Permittee whose Streatery Permit the Department proposes to revoke pursuant to
§ 4512.1 may, within five (5) business days of receipt of the notice of revocation,
request a hearing. The hearing shall be conducted pursuant to the D.C.
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208, D.C.
Code § 2-509).

Section 4513, ADDITIONAL GENERAL STANDARDS FOR ALL STREATERIES, is
added to read as follows:

4513 ADDITIONAL GENERAL STANDARDS FOR ALL STREATERIES

4513.1 All Streateries shall be classified as a Group A -2 Assembly as defined in § 303.3
of the D.C. Building Code, and shall comply with all applicable requirements of a
Group A-2 Assembly.

4513.2 All electrical installations including appliances and fixtures in a Streatery shall
comply with NEC 2014 as amended by Title 12, Subsection C of the District of
Columbia Municipal Regulations.

4513.3 The following are not permitted within a Streatery:

(a) Generators;

(b) Live or amplified music;

(d) Ropes, chains, or fencing used to prevent people from entering the space
from the sidewalk.

4513.4 The Permittee shall not charge a fee to access a Streatery.

4513.5 A Permittee shall reapply for a new permit if any changes are proposed to the terms
of an approved Streatery Permit.

Section 4599, DEFINITIONS, is added to read as follows:

4599 DEFINITIONS

4599.1 When used in this chapter, the following terms and phrases shall have the meanings
ascribed, unless otherwise provided:

ADA – Title III of the Americans with Disabilities Act of 1990, approved July 26,
1990 (104 Stat. 353; 42 U.S.C. § 12181 et seq.).

Alley Streatery – A Streatery that provides expanded outdoor dining wit hin an
alley network adjacent to one (1) or multiple food establishments.

Alter or alteration - a change in the design or configuration of either the exterior
or interior of a Streatery or its site; including railings, walls, roof, awning,
sign, or flooring.

Applicant - a person who is applying for or who has obtained a Streatery Permit.

Building Permit - a permit issued by the District Department of Buildings that
authorizes performance of a specified activity.

Certificate of Use - a one (1) year renew able certificate, issued by the District
Department of Buildings, pursuant to 24 DCMR § 306, authorizing the
operation of a Streatery in the public space.

Chairperson - the Chairperson of the Public Space Committee.

D.C. Building Code- The District of Columbia Building Code (2017), referred to
as the “Building Code,” which consists of the 2015 edition of the
International Building Code (IBC), published by the International Code
Council (ICC), as amended by the Building Code Supplement of 2017 (12-
A DCMR), available at
https://dob.dc.gov/sites/default/files/dc/sites/dob/publication/attachments/2
26

017%20District%20of%20Columbia%20Building%20Code_Part%201.pd
f.

D.C. Fire Code - The District of Columbia Fire Code (2017), referred to as the
“Fire Code,” which consists of the 2015 edition of the International Fire
Code (IFC), published by the International Code Council (ICC) and
available at https://codes.iccsafe.org/content/IFC2015, as amended by the
Fire Code Supplement of 2017 (12-H DCMR).

D.C. Vehicles and Traffic Regulations - Title 18 of the District of Columbia
Municipal Regulations, "Vehicles and Traffic."

Department - the District Department of Transportation.

Design - the physical features of a Streatery, including:

(a) Height, depth, width, appearance, texture, color, dimensions, and
nature of materials and signage; and

(b) Interior features, including the table layout, the flooring, the
lighting, and the width and the location of aisles and accessways.

Director - the Director of the Department, or his or her designated agent.

District - the District of Columbia.

Fire Chief - the Fire Chief of the District, or the Fire Chief’s designated agent.

Legitimate Theater – A building, or a part of a building, that is designed and used
for the presentation of live plays and other forms of dramatic performance.
The facility typically has a stage or other performing area plus tiers of seats
for the audience, or other arrangem ents for the audience to sit or stand to
view the performance.

Owner - the holder of the legal title to real property as recorded in the Office of the
Recorder of Deeds in the Office of Tax and Revenue of the District of
Columbia.

Parking lane Streatery – A Streatery that provides expanded outdoor dining
within the parking lane adjacent to one or multiple food establishments.

Parking lane Streatery for multiple businesses – A Streatery that provides
expanded outdoor dining within the parking lane for and adjacent to
multiple food establishments.

Permittee – An entity that has been issued a Streatery Permit.
27

Prepared food – food that is assembled, but not heated by means other than
microwave or toaster, on the premises of a prepared food shop.

Prepared food shop – A place of business that offers seating or carry out service,
or both, and which is principally devoted to the sale of prepared food, non-
alcoholic beverages, or cold refreshments. This term includes an
establishment known as a sandwich shop, coffee shop, or ice cream parlor.

Public space - all the publicly owned property between the property lines on a
street.

Public Space Committee - the committee established in 2009 for the purpose of
making final determinations in cases involving the use o f public space as
specified by Mayor's Order No. 2009-114 dated June 18, 2009.

Restaurant – A place of business that does not meet the definition of a “fast food
establishment” or “prepared food shop”, where food, drinks, or
refreshments are prepared and sold to customers primarily for consumption
on the premises. Any facilities for carryout shall be clearly subordinate to
the principal use providing prepared foods for consumption on the premises.

Sidewalk - the portion of surface space located between the curb line and the
building line intended for the use of pedestrians.

Sidewalk Extension - A section of roadway adjacent to the curb that is designated
for pedestrian use, and not for parking or vehicular traffic.

Streatery or Streateries - any authorized occupation of the parking lane of a
roadway or use of designated parts of an alley network or travel lane used
specifically for outdoor dining.

Streatery Block Permit – A Streatery Permit for either a parking lane Streatery
for multiple businesses, or a Streatery in an alley or travel lane.

Streatery Design Permit – A Streatery Permit for the structural and design
elements of the outdoor dining area.

Streatery Permit – A permit for a Streatery, issued by the Director of the District
Department of Transportation pursuant to the provisions of this chapter and
Chapter 2 of this title, authorizing the use and occupation of public space in
the District of Columbia.

Travel lane Streatery – A Streatery that provides expanded outdoor dining by
occupying one travel lane, multiple travel lanes, or the entire roadway.

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
xk
BRIANL.SCHWALB — PRiviyecepaNpCONFIDENTIALATTORNEYGENERAL, a ATTORNEY-CLIENTCOMMUNICATION
LEGALCOUNSELDIVISION
MEMORANDUM
TO: Tomas Talamante
Director
OfficeofPolicyandLegislativeAffairs
FROM: Adele El-Khouri
DeputyAttorneyGeneralLegalCounselDivision
DATE: February 5, 2026
SUBJECT: LegalSufficiencyReviewofDraft“StreateryProgramRulemakingApprovalResolutionof2026”(AR-26-45)

This isto Certify that tisosicenasreviewedtheabove-referenceddraft
legislationandfoundittobelegallysufficient.Ifyouhaveanyquestionsinthisregard,pleasedonothesitatetocallmeat(202)262-6402.
AdaleB-Khoure‘AdeleEl-Khouri
Government of the District of Columbia
Office of the Chief Financial Officer

Glen Lee
Chief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM

TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia

FROM: Glen Lee
Chief Financial Officer

DATE: January 5, 2026

SUBJECT: Fiscal Impact Statement – Permanent Streatery Program Rulemaking
Approval Resolution of 2026

REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on
January 5, 2026

Conclusion

Funds are sufficient in the fiscal year 2026 through fiscal year 2029 budget and financial plan to
implement the proposed resolution.

Background

The proposed resolution approves the final rule s jointly issued by the District Department of
Transportation (DDOT) and the Department of Buildings (DOB) that establish the operating
guidelines for the District’s streatery program. 1 Streateries are authorized occupations of certain
public spaces for outdoor dining.

The rules establish three types of streaterises: parking lane, travel lane, and alley. No business may
establish a streatery without first obtaining a streatery permit 2 from DDOT and a certificate of use
from DOB. The rules set a DDOT permit fee of $260 plus a $15 per square foot annual rental fee. This
fee is consistent with the fee limit established by the Council.3 The rules direct who is eligible to apply
for a permit, what type of permit an applicant must apply for, and under what conditions they must
also apply for a building permit. The rules establish the size constraints of a streatery, barrier

1 Issued as a proposed rulemaking on May 5, 2025 (72 DCR 18).
2 The rules establish two types of permits: streatery block and streatery design permits.
3 Streatery Program Emergency Amendment Act of 2025, enacted December 19, 2025 (D.C. Act 26 -233).
The Honorable Phil Mendelson
FIS: “Permanent Streatery Program Rulemaking Approval Resolution of 2026,” Draft Resolution as provided
to the Office of Revenue Analysis on January 5, 2026
Page 2 of 2

requirements to protect patrons from adjacent vehicle traffic, and safety and sanitation standards of
the business’ operations in the streatery. The rules set the notice and posting requirements both
during the application process and after a streatery is established. The rules authorize DDOT to
automatically terminate a streatery permit if construction on the streatery does not begin within
ninety days or if construction is not completed within six months unless an extension is approved.
The rules establish how and when a business must restore the public space upon the revocation of a
permit or certificate of use for a business’ failure to comply with streatery rules.

Financial Plan Impact

Funds are sufficient in the fiscal year 2026 through fiscal year 2029 budget and financial plan to
implement the proposed resolution. DDOT will review permit applications and enforce compliance
with existing permit review and enforcement staff. DOB will also review and enforce permit
applications and issue certificates of use and building permits with existing staff. As these streatery
rules have gone through the approval process, many businesses have removed their streateries and
there is not sufficient in formation to determine how many businesses will apply under the new
program.

Streatery Program Rulemaking Approval Resolution of 2026

Plain English Breakdown

Streatery Program Rulemaking Approval Resolution of 2026

What This Bill Does

Limits and Unknowns

Bill History

Official Summary Text

Current Bill Text