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ARLINGTON ECONOMIC DEVELOPMENT |
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In Arlington’s continued efforts to assist its restaurant community in shifting from the emergency to recovery response to COVID-19, we want to provide updated guidance on the retention, and possible expansion, of your Temporary Outdoor Seating Areas (TOSAs). We have developed a process, detailed below, for a Temporary Certificate of Occupancy (TCO).
As the Governor adjusts COVID-19-mitigating rules and guidelines, the regulatory landscape for restaurant, bar, and café operations continues to evolve. Executive Order 79, which went into effect on May 28, lifted the capacity limits, physical distancing, and other COVID-19 restrictions for businesses and gatherings outlined in Executive Order 72.
The following important update for establishments operating a TOSA covers the implementation of Executive Order 79 and other changes potentially affecting restaurant, bar, and café operations. |
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Occupancy: Apply for Full Indoor Capacity + TOSA Seating
The rules requiring all parties to be separated by at least 6 feet were eased on May 28. In most cases, this change implies that restaurants may now seat indoor dining rooms at the capacity indicated on the business’s Certificate of Occupancy (CO). Under current TOSA guidelines in place since July 2020, the combined number of indoor and outdoor patrons served by an establishment at any given time cannot exceed the indoor capacity, or the indoor and outdoor capacity if a certificate of occupancy is on record for the outdoor café.
Restaurants that wish to seat indoor dining rooms at the capacity indicated on the CO and continue to operate the TOSA at some capacity may apply for a Temporary Certificate of Occupancy (TCO) for the TOSA. To ensure the safety of all restaurant staff and patrons, the Virginia Building and Fire Prevention Code regulates capacity limitations. For this reason, the ability to obtain a TCO for a TOSA will depend on a restaurant’s individual circumstances and existing indoor and/or outdoor capacity.
The first step for a restaurant interested in a TCO for its TOSA is to schedule a code consultation, at no charge, with Arlington’s Inspection Services Division to discuss capacity, layout, and related details. Schedule a code consultation by completing this form and emailing it to arlcoisdpr@arlingtonva.us.
Also, with the suspension of physical distancing, it may be possible for existing TOSA footprints to accommodate more customers. Restaurants interested in adding more seats and tables to their existing TOSA footprint should submit an updated TOSA application form with the proposed layout, and email it to TOSA@arlingtonva.us. Requested increases in TOSA accommodations may need to be pursued in parallel with a TCO, depending on site-specific conditions.
Additionally, restaurants interested in adding more seats and tables to their existing TOSA footprint will also be required to submit an amendment to the VA ABC. Approved TOSAs may continue to operate without a TCO so long as total patrons served at any given time do not exceed current capacity per the restaurant’s CO(s).
VA ABC to Continue to Permit Alcohol Sales in TOSAs
Alcohol sales in TOSAs continue to be regulated by the Virginia Alcoholic Beverage Control Authority (VA ABC) and are permitted while several of the Governor’s Executive Orders related to the COVID-19 public health emergency remain in effect.
On May 28, 2021, the VA ABC announced the authority will continue to permit any outdoor dining areas previously approved by the authority while under Executive Order 51. VA ABC will also permit the application and approval of alcohol sales in new temporary outdoor seating areas subject to requirements outlined in the announcement.
Restaurants with TOSAs that have been approved by VA ABC and Arlington County may continue to serve alcohol within the TOSA between the hours of 9 a.m. and 11 p.m. daily for the remainder of 2021. Be advised that a permit from VA ABC is required for new TOSA applicants who wish to serve alcohol.
As the VA ABC will continue to regulate the sale of alcohol in temporary outdoor dining areas, the County will continue to communicate policy updates as they become available.
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