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Mayor Allows Additional Outdoor Seating for Restaurants

On Monday, May 18th, 2020, Mayor Heaton signed an executive order allowing for increased outdoor dining/seating capacity for restaurants within the City limits of Bardstown. Restaurants that wish to increase their outdoor dining/seating capacity must meet certain requirements, specifically:

  1. Have or obtain the required permits, certificates and inspections
  2. Comply with Alcoholic Beverage Control (ABC) regulations
  3. Adhere to the requirements for outdoor dining/seating listed in the City of Bardstown’s Temporary Regulatory Relief For Restaurants guidelines.



Mayor Heaton Announces Executive Order E2020-04:


Full text of executive order

DECLARATION FOR INCREASED OUTDOOR DINING/SEATING CAPACITY FOR RESTAURANTS
EXECUTIVE ORDER E2020-04

 
City of Bardstown
220 N. Fifth Street
Bardstown, KY 40004
May 18, 2020

WHEREAS:  the Mayor declared that a State of Emergency exists in the City of Bardstown for the period beginning March 16, 2020 and continuing, due to the COVID-19 Pandemic; and
 
WHEREAS:  Governor Beshear has issued guidelines for Kentucky restaurants to begin to reopen on May 22, 2020; and
 
WHEREAS:  the Healthy at Work Requirements for Restaurants issued by Governor Beshear have ordered that indoor seating capacity will be limited to 33% of normal occupancy; and
 
WHEREAS: the requirements recommend that restaurants should maximize their outdoor seating wherever possible so long as outdoor tables can be arranged so no person is within
six (6) feet of a person seated at another table; and
 
WHEREAS: the City of Bardstown wants to help restaurant owners recover financially by offering a solution to increase their outdoor dining/seating capacity, not to exceed 100% of their overall occupancy, inclusive of both indoor and outdoor seating; and
 
WHEREAS:  the City of Bardstown’s current ordinances require that all restaurants within the city limits must apply for an Outdoor Café License, and restaurants within the Historic District must also seek approval for their outdoor furniture before implementing outdoor dining.
 
NOW, THEREFORE, I, J. Richard Heaton, Mayor of Bardstown, Kentucky, by the authority vested in me by K.R.S. Chapter 39A do hereby declare that fees and certain requirements of the Outdoor Dining Guidelines are waived in the City of Bardstown for the period beginning May 18, 2020, and continuing, and direct that restaurants must: 
 
  1. Have or obtain the required permits, certificates and inspections
  2. Comply with Alcoholic Beverage Control (ABC) regulations
  3. Adhere to the requirements for outdoor dining/seating listed in the City of Bardstown’s Temporary Regulatory Relief For Restaurants guidelines
 
WHEREFORE, this Declaration waiving certain requirements relating to outdoor dining/seating in the City of Bardstown shall remain in effect until terminated by issuance of another Executive Order, when it is determined that a state of emergency no longer exists, or when the waiver of said requirements is no longer necessary to support and assist local businesses during this pandemic.
 

Signed this, 18th day of May, 2020
J. Richard Heaton, Mayor



Temporary Regulatory Relief For Restaurants guidelines

As Kentucky restaurants begin to reopen on May 22, 2020, and because of limited allowable indoor seating capacity per the Orders of the Kentucky Governor, The City of Bardstown wants to help restaurant owners that have a City of Bardstown Business License find solutions to increase their outdoor dining/seating capacity. Restaurants must comply with the Governor's Healthy at Work Requirements for Restaurants.  

The City of Bardstown will still require an Outdoor Cafe Permit but is temporarily suspending application fees for restaurants seeking a permit to add or expand their outdoor seating on public property, including sidewalks. The City of Bardstown will also allow outdoor seating upon private property or on adjoining private property with the owner’s consent. The additional space will be for seating only, and no bar or restroom facilities will be allowed in this space. Outdoor seating capacity shall not exceed 67% of the approved existing occupancy for the restaurant.

The Owner and or their representative must obtain the following permits and approvals for outdoor seating facilities:

  • If located in the Historic District, a Certificate of Appropriateness from the Bardstown Historical Review Board is required (the application fee will be waived). The approval process will be expedited by the Historic Preservation Coordinator on behalf of the Historical Review Board. For more information, please fill out an application here and contact RaShae Jennings at rjennings@bardstowncable.net or (502) 348-5947. HRB Outdoor Dining Design Guidelines still apply.  

  • Contact Planning and Zoning  to determine if the proposed outdoor dining areas will require a zoning compliance review and permit.  Generally, if only going on a city sidewalk with no tent or other structure, no review or permit will be required.  If seating is going in a parking area or will have a tent or structure, a permit is needed.  Please call (502) 348-1805 for zoning approval.

  • Contact the Nelson County Building Inspector to determine if a building permit/inspection is required.  This applies to any tent, or combination of a tent exceeding 400 square feet and/or any other type of structure being used.  Please call (502) 348-1862  for an inspection, or if you are unsure whether an inspection is needed.

  • A Fire Marshal Inspection will be required if the outdoor dining/seating area is fenced in. Please call (502) 349-6562 for an inspection.

  • Please call the Nelson County Health Department (502) 348-3698 if you have any questions regarding your food service requirements.  You must have a valid health department permit to operate.  No additional inspection is required.
  • Restaurants wishing to sell alcohol outdoors on property that they do not currently own or lease will need to contact local and state ABC authorities.


APPLICANT TERMS AND CONDITIONS FOR OUTDOOR SEATING

1. Obligations of Applicant: To submit a drawing to scale of existing building, points of ingress and egress, proposed location of tables, chairs, umbrellas and barriers.

2. Outdoor Furniture Criteria: The placement and design of the outdoor furniture will be 

subject to the review and approval of the Permit governed by The City of Bardstown.

3. Off-Street Parking: With the exception of properties zoned B-2 (Central Business District), all other restaurants must meet minimum off-street parking standards as determined by the Planning Commission, or provide an alternative plan for approved off-site parking for Planning Commission consideration.

4. Causes and Termination: The City of Bardstown may terminate this permit without cause after seven days written notice,or for cause immediately at anytime. If complaints are received for your outdoor seating, your permit may be revoked. This is a temporary permit and will expire upon notice by the City of Bardstown.

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