Daytona Beach businesses can expand outdoor sidewalk seating but at a cost

Some businesses will have to add insurance

DAYTONA BEACH, Fla. – A change in the rules for Daytona Beach business owners will allow many to expand outdoor seating on city sidewalks but it also comes with what could be a big insurance hike for some.

The city commission unanimously passed the change in its land use code. It gets rid of city licensing fees for restaurants and shops that have outdoor seating on public sidewalks and it allows these businesses to put fencing and barriers up to protect the area from unwanted guests.

“We just want to give them the opportunity to expand their outdoor seating. We do realize that with new opportunities come new challenges. It’s not for everyone,” said Mayor Derrick Henry.

One of the new challenges News 6 asked Henry about is the insurance policy included in this ordinance now.

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It now requires a policy between $500,000 and $1 million and it must name the city.

“It’s city property so we need to be protected,” he said.

Henry said even if the business does not want to expand seating or add the fencing, they will likely need the insurance policy anyway.

“I think it’s if they use city property, they should actually already have insurance,” he said.

Most of the large restaurants do have an insurance policy for outdoor seating. For some of them, this new policy requirement from the city could just be a small hike in monthly costs.

Smaller, mom-and-pop shops told News 6, though, they worry this could be another hit that could push them over.

“All of Florida is taking insurance hits and now this is just adding more uncertainty,” said Tammy Kozinski.

Kozinski, owner of Sweet Marlay’s coffee shop on Beach Street, said her outdoor seating draws many customers in.

She said she is now waiting to hear from her insurance company how much this will cost them.

“I guess I either get the insurance or remove all of my outdoor seating,” she said. “There’s a ton of unknowns, it’s just more uncertainty in what has been massive uncertainty for the last four years.”

Since this ordinance is about places that serve food and drinks, News 6 asked the city about the shops that have outdoor seating but don’t serve food or drinks, like the bookstores and cigar lounges.

The city’s spokesperson said:

“We will work with other types of businesses. If outdoor seating currently helps their business and they want to keep it, the city will work with them.”

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