HomeMy WebLinkAboutAdmin Order 56-24-04 -- Extending Temp. Fee Waiver for Outdoor CADMINISTRATIVE ORDER NO. 56-24-04
of the
City Manager of the City of Eugene
EXTENDING TEMPORARY OUTDOOR .CAFE AND DAZ CAFE
SEATING FEE WAIVERS PURSUANT TO ADMINISTRATIVE ORDER
NO.56-04-03-F, AND SUPERSEDING ADMINISTRATIVE ORDER NO. 56-
24-02.
The City Manager of the City of Eugene finds as follows:
A.. Section 2.020 of the Eugene Code, 1971, authorizes the City Manager of the City
of Eugene to determine and set fees and charges to be imposed by the City for services, goods, use
of municipal property, and licenses and permits.
B. In accordance with the procedurds of Section 2.020 of the Eugene Code, 1971, on
January 7, 2005, Administrative Order No. 56-04-03-F was issued adopting the Private Commerce
on Public Property Fee Schedule ("the Fee Schedule"), as set forth in Exhibit A attached to that
Administrative Order.
C. The Fee Schedule provides that the City or any entity with which the City contracts
for 'the administration of any private commerce on public property activities may waive the
application and/or renewal fees providing: .
1. The fees are waived for all applicants of the same class or type of activity;
and
S
2. The waiver is in writing and states the specific fee(s) waived, and the time
period to which it is applicable; and
3. -A copy of the waiver is provided to the City.
D. On March 23, 2020, in response to the COVID-19 pandemic, Governor Kate Brown
issued Executive Order No. 20-12 ("Stay Home, Save Lives"), ordering Oregonians to stay at
home, closing specified retail businesses, requiring social distancing measures for other public and
private facilities, and imposing requirements for outdoor areas and licensed childcare facilities. On
May 1, 2020, Governor Brown found that COVID-19 continued to threaten public health and
safety, and remained a statewide emergency under ORS 401.025 and, therefore, she extended the
statewide emergency that she had declared on March 8, 2020 (that was set to expire on May 7,
2020) for an additional 60 days, through July 6, 2020.
E. On May 14, 2020, Governor Kate Brown approved Lane County's application to
begin Phase 1 of her reopening plan for Oregon. Phase 1 includes the Governor's guidance for
restaurants, retail, personal services providers, malls and gyms. The Governor's restaurant
guidance required, among other things, that restaurants ensure tables (both indoors and outdoors)
are spaced at least six (6) feet apart so that at least six (6) feet between parties is maintained,
including when customers approach or leave. tables.
Administrative Order Page 1 of 3
F. On June 5, 2020, Governor Kate Brown issued Executive Order No. 20-27 (A Safe
and Strong Oregon) that established a framework for a statewide reopening process and guidelines
that apply in Phase I and Phase II. The Executive Order requires that Food and Drink
establishments implement physical distancing protocols consistent with guidance from the Oregon
Health Authority.
G. To comply with the Governor's spacing requirements, some restaurants wanted to
place appropriately spaced tables and chairs on public property abutting the restaurant property.
EC 3.344 authorizes the City to issue Outdoor Cafe Permits and Downtown Activity Zone (DAZ)
Cafe Seating Permits to allow restaurants to utilize abutting public right-of-way for this activity.
To facilitate and support the reopening of restaurants in compliance with the Governor's executive
orders, it was in the public interest to waive the application fees, renewal fees, and license fees for
all new and existing Outdoor Cafe Permits and DAZ Cafe Seating Permits.
H. After considering the Governor's Executive Order establishing spacing
requirements which remained in effect, subsequent Administrative Orders were adopted extending
the fee waivers.
I. On June 25, 2021, Governor Brown issued Executive Order No. 21-15, which
stated that enhanced COVID-19 precautions would be necessary for an additional period of
time, for some congregate settings, following federal guidance. The Executive Order- stated
that the economic recovery from the COVID-19 pandemic is fragile, and as a state, Oregon
must do everything it can to ensure that it retains the flexibility to design and implement
programs to rapidly respond to emerging needs to support businesses, workers, and the Oregon
economy. Therefore, taking into consideration Executive Order No. 21-15, on September 20,
2021, I issued Administrative Order No. 56-21-06 extending the waiver of fees adopted by
Administrative Order No. 56-21-03. Administrative Order 56-21-06 expired on April 25, 2022.
I State mandates regarding'spacing, capacity, and masking requirements ended in
early 2022, but many people remained uncomfortable with being close to each other indoors
because of concerns about exposure to COVID-19. Therefore, I issued additional extension
Orders, with the most recent one adopted by Administrative Order No. 56-24-02, which will
expire on October 11, 2024.
K. The economic recovery from the COVID-19 pandemic' is fragile for many
Eugene businesses where people gather to socialize, including restaurants and bars. Continuing
to allow restaurants and bars to place tables and chairs on abutting outdoor public property,
such as sidewalks and parking spaces, provides people with dining options that would not
otherwise be available. Therefore, it is in the public interest to extend the waiver of application
fees, renewal fees, and license fees for all new and existing Outdoor Cafe Permits and DAZ
Caf6 Seating Permits until. April 9, 2025.
Administrative Order Page 2 of 3
On the basis of these findings, I order that:
1. Application fees, renewal fees, and license fees for all new and existing Outdoor
Cafe Permits and DAZ Cafe Seating Permits are waived until April 9, 2025, unless extended for
an additional time by administrative order. '
2. This Order supersedes Administrative Order No. 56-24-02.
Dated and effective this 14th day of October, 2024.
Sarah Medary, City Manager
Administrative Order Page 3 of-3