Fee hike proposed on downtown restaurants with sidewalk seating

Downtown restaurants with sidewalk cafe permits will likely soon have to pay more to help keep sidewalks clean. 

At its May 15 meeting, the Sarasota City Commission voted 4-1, with Erik Arroyo opposed, to instruct staff to prepare an ordinance that increases the fee on restaurants with outdoor dining to pay to clean sidewalks more often.

Wayne Ruben, chairman of the Downtown Improvement District Board of Directors, brought the request for the commission to consider an ordinance that would add an annual fee of $3 per square foot of permitted outside dining space to cover the cost of additional cleaning. 

The fee hike would not apply to restaurants that do not hold sidewalk cafe permits or to on-street parklet space, which has its own fee and permit structure outside the auspices of the DID.

The DID board approved a resolution to make the request at its April 4 meeting.

Outdoor food service, Ruben reasoned, is a primary contributor to dirty sidewalks, which are cleaned 12 times per year, along with four alley cleanings, at a cost of $92,700. To cover that cost and others, restaurants currently pay $274 per year for sidewalk cafe permits, plus $2 per square foot of sidewalk-adjacent use. 

The 150% increase, Ruben told commissioners, would provide for an additional four sidewalk cleanings per year along with one more alley cleaning, the latter of which is where grease traps are located.

Or, as an option, individual restaurants could be allowed to clean their sidewalk areas on their own. There are currently 49 downtown restaurants with sidewalk cafe permits. 

Ruben said the DID board has received generally positive feedback about the fee from the downtown restaurants. Jonathan Van Dyck, general manager of Duval’s Fresh Local Seafood on Main Street, was not among them.

“What we're looking for is finding a funding source that maintains cleaner sidewalks without putting the burden on a few restaurants who have chosen to have outdoor dining,” he told commissioners. “It's every business within our city that shares the need to maintain clean sidewalks. It's every business that sees increased foot traffic on their sidewalks. We agree with the DID that cleaner sidewalks are the right decision for Sarasota, and maintaining them helps to beautify our city. 

“What we're urging this commission to do is find an equitable funding solution that doesn't unduly burden only restaurants who have made the choice to have outdoor dining.”

To Van Dyck’s point, Commissioner Debbie Trice asked Ruben why the additional cost shouldn't be shared by retailers or restaurants that don’t offer outdoor seating, but still benefit from the foot traffic they generate. Ruben said they are already paying for a portion of sidewalk cleaning through property taxes.

“All the businesses on those streets are paying already,” Ruben said. “We’re asking additional increase in the fee just in the cafe permit area because that's where the area needs to be cleaned. If they choose to take care of their own, then there's no increase in fees for they would police their own dining areas.”

Vice Mayor Liz Alpert said that the increased one-time annual fee would likely cost less than the restaurant buying equipment and assigning a staff member for the task, or hiring an outside contractor. She also wasn’t interested in offering the option for restaurants to clean their own sidewalk area for the sake of continuity.

“I think it needs to be consistent that we charge the fee and the city makes sure it's all done because if we leave it up to the restaurants to do it then we've got to have someone on staff making sure it's being enforced and making sure they're doing it correctly,” Alpert said. “I think it's the price of doing business.”

An example of that price was cited by DID Business Manager Julie Ryan. A restaurant permitted for 153 square feet of sidewalk space currently pays $580 per year for the base fee plus $2 per square foot. The additional $3 per square foot would add $459 to its tab, bringing the annual total to $1,039.

Because of the increased burden on downtown restaurants with outdoor seating, Arroyo said he would support the DID’s request if restaurants have the option of the cleaning their sidewalk areas themselves. Ruben said compared the cost of renting indoor space, a $5 per square foot once a year for outdoor space is minimal.

“We want to have a clean city. We want to have a city that is welcoming, that has a high quality of life,” said City Manager Marlon Brown. “It's either the city pays or the DID pays.”

Arroyo, who is championing the cause of alley beautification, did agree that the conditions in the alleys need to be addressed.

“I do think that the grease, especially in the back of restaurants and alleys is a problem and does need to get addressed somehow,” Arroyo said. “I think maybe a collective reservoir for a uniform way of getting rid of the grease would be helpful.”