DALLAS STREET SEATS PROGRAM.

Dallas City Code ch. 42A, art. IV

in effect

Dallas City Code § 42A-28.1 ESTABLISHMENT OF RULES AND REGULATIONS.

SEC. 42A-28.1. ESTABLISHMENT OF RULES AND REGULATIONS. (a) The director shall publish a guidebook entitled Dallas Street Seats Pilot Program Guidebook on the office of special events website. (b) Before adopting, amending, or abolishing a rule, the director shall hold a public hearing on the proposal. (c) The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each street seats permit holder and such other persons as the director determines are interested in the subject matter of the hearing. (d) After the public hearing, the director shall notify all street seats permit holders and other interested persons of the director's action and shall post an order adopting, amending, or abolishing a rule on the official bulletin board in city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. 31708)

Dallas City Code § 42A-28.2 APPLICATION; ISSUANCE.

SEC. 42A-28.2. APPLICATION; ISSUANCE. (a) A person desiring to host a street seat shall submit an online application with the office of special events. A complete application must be filed a minimum of 90 days before the proposed street seat opening date or a minimum of 60 days before the proposed construction start date. A Phase II permit issued under the street seats program will expire two years after issuance. An applicant may apply for a new Phase II permit 60 days before the expiration date listed on the permit. All Phase II permit processing fees apply. (b) An application must be completed in full before it can be invoiced. The application review process will not begin until the application processing fee has been paid. Submission of a complete application does not guarantee a street seats permit will be issued. All requirements must be met prior to permit issuance. Applications are processed on a first come first serve basis. (c) An applicant shall provide a $1,000 refundable bond to secure removal of the street seat prior to issuance of the Phase I permit. The bond will be refunded upon removal of the street seat to the satisfaction of the city. (d) If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 calendar days without a response from the applicants. (e) If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed scheduled activity or a past scheduled activity, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months. (f) If the applicant makes major changes to the original submission of an application after the review has been initiated, this will result in the original permit application being deemed incomplete and cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application. (g) An application may be cancelled if there is a scheduled utility repair/installation, street improvement, adjacent development project, parking space reassignment, or other restoration project, or if the location is deemed inappropriate by the director of transportation and public works or office of special events. The applicant may be given the option to proceed with a shorter-term permit or to delay installation. (h) An application that has been cancelled because it is incomplete cannot be appealed under section 42A-8 and all application processing fees are forfeited. (i) Upon receipt of a complete application, the application processing fee, and a $1,000 refundable removal bond, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. Consideration will be given based on accessibility, public safety, location, potential to enhance street scape, community and property owner support, adherence to design and public safety standards, quality of design, and capacity to construct, maintain, and remove the street seat among other factors. (j) After reviewing and confirming all permit requirements have been met, the director shall issue a street seats permit unless denial or revocation is required by Section 42A-28.9. (1) Private street seats permits are issued for parking spaces immediately abutting the applicant's business for the purpose of expanding the businesses seating capacity. (2) Public street seats permits may be issued to a non-abutting person or entity after obtaining consent from abutting properties and required public support. (3) A street seats Phase I permit will be issued within 60 days of receipt of the application processing fee and proof of compliance with all requirements. (4) A street seats Phase II permit may be issued within 30 days after construction commences based on successful site inspections, construction completion, and confirmation of compliance with all requirements (k) No more than one street seat permit may be issued on a given block without written support from additional stakeholders as defined by director. (Ord. 31708; 32213; 32485; 32864)

Dallas City Code § 42A-28.3 LOCATION, DESIGN, AND OPERATIONS.

SEC. 42A-28.3. LOCATION, DESIGN, AND OPERATIONS. (a) A street seat must meet the requirements in this subsection which are further described in the guidebook. (1) Street seats may only be placed adjacent to the curb in an unrestricted parking lane, on a street with dedicated permanent parking, and a posted speed limit of 30 miles-per-hour or less. (2) A street seat may only activate in a space no larger than two parking spaces. (3) A street seat may not interfere with other curb uses. (4) A street seat must not create any interference with existing utility access and maintenance (i.e. manholes, storm and wastewater, telecom, etc.). (5) Street seats are prohibited within a designated fire lane. (6) Street seats must maintain required distances from other street amenities in accordance with the guidebook. (b) Each street seat application must include a site plan as detailed in the guidebook. (c) A street seat may require site visits or inspections by city staff. If site visits or inspections are required, the applicant or the applicant's design and installation contractors shall accompany city staff on scheduled site visits or inspections. (d) The design submitted with the application must be approved by all applicable city departments and must comply with NACTO parklet guidelines. (e) A permit holder is responsible for providing and maintaining all street seats elements including furniture and amenities. (f) Designs must meet all city requirements and safety regulations as detailed in the guidebook. (Ord. Nos. 31708; 32485)

Dallas City Code § 42A-28.4 PUBLIC SAFETY REVIEW.

SEC. 42A-28.4. PUBLIC SAFETY REVIEW. The applicant shall provide a road safety review produced by a professional engineer licensed in the state of Texas within 14 days of application acceptance. The review must be specific to the proposed street seat location and must confirm that the proposed street seat follows the NACTO parklet guidelines and all city requirements and safety regulations as detailed in the guidebook. (Ord. 31708)

Dallas City Code § 42A-28.5 COMMUNITY SUPPORT AND PROPERTY AUTHORIZATION.

SEC. 42A-28.5. COMMUNITY SUPPORT AND PROPERTY AUTHORIZATION. (a) An applicant must provide written approval from the following parties as part of the permit application: (1) the property owner of the real estate immediately adjacent to the proposed street seat, (2) all adjacent tenants if utilizing any public property that is immediately adjacent to or abutting an establishment other than the applicant's establishment, (3) from the property owner if utilizing any private property other than property owned exclusively by the applicant. (b) An applicant shall secure permission for utilizing restrooms owned by another establishment. (Ord. 31708)

Dallas City Code § 42A-28.6 PUBLIC NOTICE.

SEC. 42A-28.6. PUBLIC NOTICE. (a) Public notice must be displayed within the window of the abutting establishment for a minimum of 30 days during the application review to allow for public input. (b) Written notice must be given to owners and occupants of real property abutting the proposed street seat and those impacted by the street seat utilizing the template provided by the director a minimum of five days prior to the first date of construction. Notice may be delivered by hand, mail, or email. (Ord. 31708)

Dallas City Code § 42A-28.7 INSURANCE REQUIREMENTS.

SEC. 42A-28.7. INSURANCE REQUIREMENTS. (a) An applicant for a street seat permit shall procure and keep in full force and effect no less than the insurance coverage required by this section through a policy or policies written by an insurance company that: (1) is authorized to do business in the State of Texas; and (2) is acceptable to the city. (b) The insured provisions of the policy must name the city and its officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a street seat. (1) The certificate of insurance or policy and endorsements will be evidenced by delivery to Office of Special Events, 650 S. Griffin St., Dallas TX 75201. (2) All certificates of insurance must name the City of Dallas as the certificate holder. (c) An applicant shall maintain commercial general liability insurance and must provide single limits of liability for bodily injury (including death) and property damage of $500,000 for each occurrence, with a $1 million annual aggregate. (d) Insurance required under this article must: (1) include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy (for a reason other than non-payment) or before making a reduction in coverage; (2) include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 10 days before cancelling for non-payment; (3) include an endorsement to waive subrogation in favor of the city and its officers and employees for bodily injury (including death), property damage, or any other loss. (4) comply with all applicable federal, state, and local laws. (e) Any insurance policy required by this article must be on file with the city within 45 days of the issuance of the initial street seat permit, and thereafter within 45 days of the expiration or termination of a previously issued policy. (f) Liquor liability insurance is required if street seats will be used for alcohol consumption, with a minimum limit of $1 million each claim. (g) In addition to the insurance requirements in this section, the director may require additional insurance for a permit if such additional insurance is recommended by the city's risk manager as being necessary for the protection of the city or the public health, safety, and welfare. (Ord. 31708)

Dallas City Code § 42A-28.8 STREET SEAT REMOVAL.

SEC. 42A-28.8. STREET SEAT REMOVAL. (a) The city reserves the right to require removal of a street seat for street improvements, utility work, emergencies, public safety, violation of agreements or permits, or other outstanding circumstances deemed necessary by the city. (b) If at any time the directors of the office of special events or the department transportation and public works, require the removal of the street seat, the permit holder shall promptly remove the street seat within three business days in order to conform to the requirement, without any cost to the city. (c) A permit holder shall, at its own expense, remove a street seat within five business days of permit expiration and return the area to the same condition as it was prior to installation. (Ord. Nos. 31708; 32864)

Dallas City Code § 42A-28.9 DENIAL OR REVOCATION.

SEC. 42A-28.9. DENIAL OR REVOCATION. (a) The director shall deny a street seats permit if: (1) the applicant fails to meet any of the requirements outlined and defined in the guidebook; (2) the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the street seat; (3) the applicant has had a street seats permit revoked within the preceding 14 months; (4) the applicant has received, within the preceding 14 months, two or more notices of violation or citations related to a provision of a street seat permit or this chapter; (5) the director of transportation and public works, office of special events, the chief of the police department, or the chief of the fire-rescue department, determines that the street seat would pose a serious threat to the public health, safety, or welfare; (6) the applicant or any other person responsible for the conduct or sponsorship of the street seat is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person; (7) the applicant has a history of conducting or sponsoring street seats in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner; (8) the director is notified of any code violation on the abutting property; or (9) a street seat will interfere with the rights of nearby residents to the quiet, peaceable, and undisturbed enjoyment of their property. (10) A street seat interferes with other curb uses including but not limited to: (i) Fire hydrant. (ii) Valet operation. (iii) Bus stop or transit station. (iv) Loading zone. (v) Taxi zones. (vi) Handicapped-access parking spaces. (vii) Other specially designated zones. (viii) Licensing to another establishment. (b) The director shall revoke a street seats permit if: (1) the applicant fails to comply with, or the street seat is in violation of, any provision of the street seats permit, a city ordinance, or any other applicable law; (2) the permit holder made a false statement or omission of material fact on an application for a street seat permit; (3) the director of transportation and public works, office of special events, or the chief of the police department or the chief of the fire-rescue department determines that the street seat would pose a serious threat to the public health, safety, or welfare; (4) the permit holder fails to maintain public order in and around the street seat; (5) the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed street seat or for a past street seat; (6) the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the street seats is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person; or (7) the director is notified of any code violations on the abutting property. (Ord. Nos. 31708; 32864)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-119987Fetched: 10/26/2026