Port Townsend Acts to Help Businesses Hammered by Lock Down–Finally
Port Townsend is finally doing something to help businesses that have been closed by the Governor’s COVID lock down order. City Council will consider at its June 1, 2020, meeting a resolution to turn city street parking spaces and sidewalks into extensions of restaurants and retail businesses and waive a $250 special temporary use permit fee.
Under the proposal the city will declare a special event for the Phase 2 reopening of Jefferson County. That intermediate step towards full reopening allows restaurants to offer inside service at 50% capacity and retail stores to admit customers so long as social distancing and other protective measures are observed. Adding sidewalk and street parking spaces to a business operation gives it a place for customers to wait outside, freeing up inside space for use, and, for restaurants, gives them additional seating space for diners, increasing their capacity and allowing for a greater volume of service.
The declaration of a special event is necessary, according to city staff, to avoid possibly violating the city’s shoreline management plan.
Normally, businesses would have to pay $250 for a special use permit to use sidewalks and street parking spaces. The proposal would have the city waive that fee, and allow the public space expansion, subject to a review within 60 days to confirm that the business was operating within Department of Health guidelines.
An application process is being drafted by city staff, which will require an interested business to apply to the police department, per their standard practice of overseeing special use permits. Though the permit fee is being waived, businesses may be required to indemnify the city for losses and injuries occurring on city sidewalks and streets.
Observations: The proposal recognizes that our businesses are suffering. “Due to the long closure, the City,” the proposal states, “is concerned about the viability of many of our local businesses.” Since time is of the essence for businesses on the brink, the city should allow businesses to immediately use the adjacent public areas while review of their application is pending. Further, the city should not require indemnification as a permit precondition. That may force businesses strapped for cash to buy riders to their insurance policies, which will take additional time to negotiate and procure. These businesses already have liability policies which cover their operations, though they likely do not list the city as a beneficiary or contain indemnification clauses. Retail stores and restaurants are not inherently dangerous operations. Any risk to the city is outweighed by other considerations. Considering the emergency situation confronting our businesses, nothing should be added to the time or burden of reopening a business struggling to survive.
The full proposal and city staff analysis may be read at this link.