When Oskar Duva applied for a streetery license in January 2023, he was hoping to have it by the summer. But after a year of starts, stops and revisions with city officials, his new hope is to debut the outdoor space at Bob & Barbara's Lounge by St. Patrick's Day.
"I'm sure the city is trying to figure it out just like we are," he said of the application process. "But it was definitely longer than I expected. I thought we would have it by last June. I was hopeful. And then my hopes got crushed a bit."
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Regulars at Bob & Barbara's Lounge, where Duva shares managing duties with his sister Katrina, had loved the sunny streetery that carried the South Street bar through the COVID-19 pandemic. The outdoor space provided "a different atmosphere," Duva said, to the dark lounge, which is sandwiched by buildings and has just two small windows along the front. But the streetery was an emergency pop-up subject to minimal regulations during the pandemic. It didn't meet the new, permanent guidelines the city unveiled in late 2022, and Duva wanted to do things "by the book."
While over 800 businesses held streetery licenses during the first two years of the pandemic, Bob & Barbara's has one of only 13 active licenses as of February. Rue Landau, one of the newest city councilmembers, believes the process needs a second look.
Landau plans to introduce a resolution at Thursday's meeting to conduct hearings into the efficiency of the current outdoor dining program, which also includes sidewalk cafes. The legislation calls for a "comprehensive exploration of the transparency, inclusivity and efficiency" of the "challenging application process" for streeteries, which requires approval from up to three different city agencies.
"As a city known for its culinary diversity and innovation, Philadelphia's outdoor dining scene has become an important part of our city," Landau said in a statement. "However, the transition from emergency COVID conditions to permanent outdoor dining regulations has posed significant challenges for many of our restaurants. Through this resolution, we want to revisit and consider improvements to our current policies, ensuring fair access to streeteries and sidewalk cafes for all restauranteurs."
When the city began reopening after its stay-at-home order was lifted in June 2020, streeteries were introduced to give restaurants more outdoor dining options. Applications were approved in as little as three days, as long as businesses complied with some basic rules — like maintaining a 6-foot-wide pedestrian path and shutting down between 10 p.m. and 8 a.m.
Once city legislators took steps to make streeteries permanent, however, the red tape came out. Streeteries would need to be surrounded by concrete or water-filled crash barriers, with safety buffer zones of 15 feet from fire hydrants and 20-30 feet from intersections. They also could not extend further than 6 feet from the curb. Businesses would have to pay $1,750 each year for a license, and take out a $1 million general liability policy to insure each structure, which was subject to 48-hour removal notice from the city.
It was the crash barriers and curb limits that sunk Bob & Barbara's original streetery. Rather than alter the existing structure, Duva and the rest of the team decided to come up with something new. With the help of engineers and architects, they drew up and submitted plans for a streetery with an overhead covering, which is subject to a lengthier and more complicated approval process than uncovered streeteries on the pavement or a platform. That's because the Philadelphia Art Commission has to review the plans along with the Streets Department. Duva could only apply for an official streetery license, issued by the Licenses and Inspections Department, after receiving consent from both groups.
Any requested change from the city, and Bob & Barbara's received several, requires further coordination with the engineers. And then there's the waiting — for more revisions, more forms and more guidance from the many parties involved.
"I think the guidelines are, for the most part, fair," Duva said. "But the whole process could definitely be streamlined to make it easier for businesses to make more money. You know, we're all paying taxes, so some of it goes back to the city, too. It's kind of in their best interest, I believe, to make it easier for businesses."
Bob & Barbara's isn't quite done with the process yet. Once its new streetery is complete, the city will still need to inspect it before it can officially open for business. But Duva and his family are excited to bring back their slice of street dining — even if it did come with some logistical headaches.
"We're happy to make things safer for our people, but it did come with a pretty heavy price tag and an extended timeline," he said. "That definitely hurt us, not having an outdoor area for people to enjoy.
"We're excited to have it back up and running. And I hope more businesses join in because I think it’ll make the city a lot more fun."
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