Oahu restaurants could soon start to use city sidewalks again for outdoor dining

Restaurants may soon be able to use public sidewalks for outdoor seating under a new pilot program that was approved unanimously last week by the Honolulu City Council.

Bill 27, now awaiting the mayor’s signature, would allow a restaurant to apply for a one-year permit to operate dining service on the sidewalk directly outside of its storefront.

The idea stemmed from a permit program former Mayor Kirk Caldwell launched under emergency order during the height of the pandemic, when social distancing restrictions significantly reduced the count of diners allowed in indoor seating. In response, Honolulu Hale allowed restaurants to apply for permits to use city sidewalks for dining service. However, after the emergency order expired, so did the program.

Steve Haumschild, owner of Lanikai Brewing in Kailua, said that his restaurant is still recovering from being closed and operating at limited capacity during COVID-19.

“Just give us a chance to crawl back out of our hole so we can get financially a little bit more stronger, a little bit healthier, increase the capacity,” he said in support of the program.

“There’s still people that are not interested in being in crowded restaurants. So it allows people to be outside and feel a little bit safer, especially as people grapple with their personal level of safety with the current conditions of the pandemic.”

At Lanikai Brewing the sidewalk seating under the emergency order provided about 10 more seats.

“It doesn’t even sound like a huge number, but … if you take those 10 seats and you flip them a few times per day … it was so much better,” Haumschild said.

“We still have a huge financial hole to crawl out of because of the pandemic. So by having more city space to be able to use, it’ll just help all of us get our businesses healthy and get them back to where they were.”

When the emergency order expired and the original outdoor dining program ended, Haumschild said he wanted to see whether it could be reinstated.

“I just kind of went to my City Council members, who were very receptive, and said, ‘Listen, this is a really positive thing. Even though the restrictions are over there, a lot of restaurants are still going to shut down, and the impact of it is going to continue to last,’” Haumschild said.

“So I was one of the proponents saying, ‘Wait, this is great, it worked. … People that were visiting loved it because you could get outdoor seating, which is pretty rare.’”

The outdoor dining pilot program would start within six months of the enactment of Bill 27 and would last for two years. Restaurants would have to pay a $50 application fee.

The program would apply only to establishments that are on the ground floor connecting to city sidewalks. All dining furniture would need to be removed between 11 p.m. and 7 a.m. Participating restaurants holding a valid liquor license will be allowed to serve alcohol.

The bill also mandates that there be at least 36 inches of walkable sidewalk available at all times, and the dining services must maintain a 5-foot radius away from bus stops and fire hydrants.

The outdoor pilot program would most affect small restaurants, said Ave Kwok, incoming chairman of the Hawaii Restaurant Association.

“That really helps them because you don’t see that crowded situation inside a restaurant,” he said. “We perceive it’s safer to dine outside, and you don’t get congregated in the restaurant; they do get additional revenue.”

He estimated that only about 10% to 15% of Hawaii restaurants can accommodate outdoor seating without using the sidewalk.

Council Chair Tommy Waters, who introduced the measure, said in an email statement, “This bill is about ensuring that we support small businesses and local families.”

He continued, “We’re still seeing mom-and-pop restaurants closing as a result of the pandemic, and we need to provide these businesses the flexibility to operate with outdoor dining options.”

Mayor Rick Blangiardi has until July 21 to sign the measure into law or veto it. His administration has voiced support of implementing the outdoor seating pilot program.