BRADENTON BEACH – Restaurant seating areas that expanded to sidewalks and parking lots because of the COVID-19 pandemic may be disappearing.
During general public comment at the May 5 Bradenton Beach City Commission meeting, Old Bridge Village condominium residents Bruce Herard and David Bell asked the city commission to let the expanded seating allowances expire. Old Bridge Village is located on Bay Drive South, near the Bridge Tender Inn & Dockside Bar.
The Bridge Tender Inn, Drift In, Blue Marlin Grill and Wicked Cantina are among the Bradenton Beach establishments that expanded their seating areas under City Ordinance 21-533. The city commission adopted the ordinance in June 2021 to assist local businesses with their recovery from the pandemic. Ordinance 21-533 continued and expanded the allowances originally granted by the adoption of Ordinance 20-516 in May 2020.
COVID-19 in Manatee County
May 1
Cases 185
% Positivity 10.41%
Deaths < 10
% Eligible population vaccinated 71.9%
New hospital admissions 13
May 8
Cases 493
% Positivity 13.13%
Deaths <10
% Eligible population vaccinated 72%
New hospital admissions 13
Source: CDC
The 2021 ordinance states: “Retail and restaurants and food establishments may expand dining and retail areas to certain areas of private property not typically permitted for dining and retail space, such as setbacks, walkways and parking areas. The expanded area may not be used for anything other than merchandise or seating. All other uses, such as outdoor entertainment, in these areas are prohibited. Outdoor entertainment may only be located in those areas previously used and permitted prior to the adoption of Ordinance 20-516.
“Retail and restaurants and food establishments may convert up to 50% of on-site private parking spaces to outdoor dining and retail. All other uses, such as outdoor entertainment, in these areas are prohibited unless a waiver is applied for and approved by the city commission.”
The ordinance continues: “Tents may be erected to provide shade for the dining area. All tents or shade structures shall be removed within 12 hours of a declaration of a state of emergency, or immediately following the request of city staff due to dangerous weather conditions.”
The ordinance established a registration process for businesses to begin or continue using expanded outdoor seating areas.
Expiration requested
The Bridge Tender Inn & Dockside Bar’s expanded seating area includes a temporary tent-like structure at the south end of the property which shelters live music performances.
When addressing the commission, Herard said, “I live on the third floor facing the Bridge Tender and I can’t have dinner outside or hold a conversation on the lanai because the music’s so loud. When we watch television at night, we shut the door, shut the windows and we have to turn up television louder than you would normally have to because the music is so loud. This has been going on for two years now. I think we’ve got to find a way for businesses and residents to be able to coexist.”
Herard said he and his wife moved into their condo in 2018 and enjoy living within walking distance of the local restaurants and businesses.
“The Bridge Tender had music then too, but it was inside. We could hear it, but when it’s inside it’s not detracting from the quality of your living experience,” he said.
“Manatee County’s (COVID-19) transmission levels are low. There are no CDC requirements that restrict anything related to restaurants’ seating requirements and operations. The music at the Bridge Tender should move back inside because 21-533 is now expired,” Herard said.
When addressing the commission, Bell said, “Ordinance 20-122 and 21-533, they’ve served their purpose. Bruce wanted to talk specifically about one place, I wanted to talk about all of them.”
Bell noted the expanded seating allowances granted in 2020 and 2021 were not meant to be permanent.
“People told me if the tents go up, they will never come down, and that’s what we have seen. I told people the tents would not comply with the building code and that’s why they’d be temporary. They would not become permanent structures. They are a safety issue for residents and visitors and now we’re seeing more hardening of the tents. They’re putting in more posts and frameworks are growing around them,” Bell said.
Citing language contained in Ordinance 21-533, Bell said, “This ordinance shall expire and be deemed to have been repealed once all COVID-related limitations to the operations of restaurants and retail locations impacting capacity of occupancy loads or social distancing requirements are no longer a recommendation by the Center for Disease Control and Prevention. Alternatively, the city commission may sunset the ordinance at a noticed public hearing.”
Bell then noted, “It’s tied to the CDC and all restrictions have been removed. I checked with the county. There are no restrictions. I respectfully request that you take action to address this expired ordinance by ending it.”
In response to the public input, Mayor John Chappie said he would place the matter on the agenda for the Thursday, May 19 commission meeting. That meeting will begin at noon and public input from residents and business owners will be allowed.
The Centers for Disease Control report that COVID-19 cases in Manatee County rose from 185 on May 1 to 493 on May 8.
