| Palm Beach Post
JUPITER — How can Jupiter allow restaurants to keep outdoor seats installed during the COVID-19 pandemic, even if it violates town code?
Jupiter Town Council members grappled with the question Tuesday night after an outpouring of concern for businesses during the meeting’s public comment period. Officials told local restaurateurs that they’ll have to wait a couple of weeks, but said there’s a solution on the horizon.
Jupiter will hold off on forcing restaurants to tear down temporary outdoor seating until Oct. 20, when council members expect to vote on a longer-term solution, Mayor Todd Wodraska said.
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The kerfuffle started last week when local restaurants, including Calaveras Cantina in Harbourside Place and Double Roads Tavern on U.S. 1, were notified that they’d need to remove the outdoor seating they set up during the pandemic or seek more permanent accommodations.
Jupiter’s public information officer, Kate Moretto, said last week the town lost its ability to ease up on its outdoor seating regulations now that Palm Beach County is within Gov. Ron DeSantis’ phase 3 of reopening and restaurants can open at 100 percent capacity. Previous orders, since rescinded, allowed for that flexibility, Moretto said.
Town Attorney Tom Baird said Tuesday night that he’d work in the next two weeks to craft a solution that gets “the council and your businesses where you want to go.”
Baird cited Jupiter’s broad home-rule authority and indicated the possibility of council members passing a resolution that wouldn’t permanently change town code.
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Mayor Todd Wodraska said he wants to help businesses. He noted that there aren’t many outdoor seating tents popped up around town.
“It’s not a big ask at this point,” Wodraska said. “There might be more to come.”
One of those tents is set up in the parking lot outside Double Roads. The restaurant’s owner, Vincent Flora, emerged as a particularly outspoken voice on the town’s policy last week. Flora was also among those who took the town to task last year over its dispute with Harbourside Place about events held there.
After council members discussed the matter Tuesday, Flora said it was a “huge win.” Early in the meeting, he asked officials to allow outdoor seating until an effective vaccine is distributed.
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Customers and staff fear the health ramifications of operating at 100% capacity inside, Flora said.
“The virus is not gone, and in fact, it’s going to spike again, especially if you force businesses like ours to utilize our inside space more,” he said. “Our citizens deserve the right to have their space during these times, and we deserve the right to give it to them.”
Calaveras owner Curtis Peery joined Flora in addressing council members Tuesday. He asked officials to extend the permitting that allows him to place seats outside the restaurant on Dockside Circle. Like Flora, Peery called it a “customer psychology thing” because many patrons are uncomfortable with dining indoors.
“Myself and my 80 employees really need this,” Peery said.
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Business advocates from the Palm Beach North Chamber of Commerce and the local chapter of the Florida Restaurant & Lodging Association also spoke, urging officials to maintain code enforcement relief for restaurants.
Vice Mayor Ilan Kaufer said the town is trying to roll with the punches during the pandemic.
“These executive orders are coming out fast and furious from the governor’s office on all topics,” Kaufer said. “So a lot of times our staff may not know from day to day what they’re doing. … Sometimes it takes a little bit to get our hands around something.”
@SamuelHHoward
