More Space : Main Street Application 

More Space Program





6. What is the seating capacity of?



Note: Capacity should be provided based on approved permits (not specific to COVID-19 limitations)








CONDITIONS AND EXCEPTIONS
  • A sidewalk café license is issued in the licensee's name and cannot be assigned, sold, or otherwise transferred.
  • All patrons, restaurant and bar management and owners, and employees must comply with all other applicable laws, regulations, permits, and orders of government officials, including the then-current COVID-19 related orders issued by the Mayor, County Judge with authority, or Governor of the State of Texas, including the Governor’s Executive Order Nos. GA-28, GA-29, and GA-32, issued by the Governor of the State of Texas and any amendments or successor orders or proclamations thereto, and any orders issued by the Harris County Judge authorizing bars to open in any capacity. All persons utilizing the additional space of the More Space: Main Street Program shall operate in compliance with the Governor’s Order GA-28 including its provisions on the minimum standard health protocols recommended by Texas Department of State Health Services (DSHS): https://www.dshs.texas.gov/coronavirus/opentexas.aspx
  • Pursuant to the City of Houston Health Department rules, approval to participate in the More Space: Main Street program authorizes applicant to serve food and beverages includes food service only; food preparation, display and storage are not allowed in these areas.
  • All participating restaurants, bars, and their owners, management, and staff, shall conclude food and beverage service and close all food and beverage service within the More Space Area at or prior to midnight.
  • Furniture may be utilized in the More Space as described in the More Space: Main Street Program Design Guide. No permanent structures are allowed. The restaurant or bar owner, management, and staff must secure or remove all furniture at the close of business, or no later than 12:30 a.m. The City is not liable for any loss of furniture or other business items.
  • Restaurant owners and staff must place furniture only within the More Space Area and in a manner that does not obstruct a clear path of pedestrian travel along the Main Street sidewalk with the same clear space as provided prior to the application including customer queuing, and does not obstruct a clear access to public utilities, fire hydrants, and building entrances.
  • Manholes and any other public infrastructure must be made accessible for maintenance or emergency repairs. This includes either clear access at all times or an immediately accessible hatch with signage.
  • The More Space: Main Street Program may be activated, suspended, or terminated in whole or in part at the discretion of the Mayor of the City of Houston or the Mayor’s designee.
  • The City of Houston may terminate the participation of any restaurant or bar upon its failure to comply with the requirements of the More Space: Main Street Program, or receipt of proof of the suspension or revocation of the restaurant’s or bar’s TABC permit or license. The City of Houston may also terminate participation upon receipt of proof that the restaurant owner, operator, manager, or other person in charge of the restaurant has received a civil penalty in a civil adjudication proceeding, or proof of a criminal conviction of a violation of any statutes, ordinances, regulations, orders relating to the operation of the restaurant, including provisions related to the service or preparation of foods and beverages, or regulations enacted to control the spread of COVID-19.
  • The More Space: Main Street Program does not provide an applicant with permanent use of the More Space Area. The Program may be terminated and any permit may be revoked at any time if public necessity demands it.
  • Applicants must adhere to all requirements identified in the More Space: Main Street Program Design Guidelines and Requirements.

PARTICIPANT SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF HOUSTON, DOWNTOWN MANAGEMENT DISTRICT, METRO, AND EACH OF THEIR RESPECTIVE BOARDS, DIRECTORS, PARTNERS, OFFICERS, CONSULTANTS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, SETTLEMENTS, LIABILITIES, COSTS, EXPENSES, FINES, AND JUDGMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE AND NECESSARY COURT COSTS, EXPERTS’ FEES AND ATTORNEYS’ FEES) (COLLECTIVELY, “LOSSES”), WHETHER ARISING IN EQUITY, AT COMMON LAW, OR BY STATUTE, INCLUDING WITHOUT LIMITATION THE TEXAS DECEPTIVE TRADE PRACTICES ACT (AS AMENDED) OR SIMILAR STATUTE OF OTHER JURISDICTIONS, OR UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY WITHOUT REGARD TO FAULT) OR PROPERTY, OF EVERY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING WITHOUT LIMITATION EMOTIONAL DISTRESS, AND ECONOMIC LOSS), ARISING IN FAVOR OF OR BROUGHT BY ANY OF PARTICIPANT, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR REPRESENTATIVES, OR BY ANY GOVERNMENTAL AGENCY OR ANY OTHER THIRD PARTY, BASED UPON, IN CONNECTION WITH, RELATING TO OR ARISING OUT OF THE PARTICIPANT’S BUSINESS OR PROPOSED BUSINESS, OR PARTICIPANT’S ACTIONS OR INACTIONS UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY FAILURE BY PARTICIPANT TO PAY TAXES OR FAILURE TO COMPLY WITH ANY APPLICABLE LAW, EXCEPT TO THE EXTENT ANY SUCH LOSSES ARE DUE TO ANY INDEMNITEES’ SOLE NEGLIGENCE OR OTHER FAULT, BREACH OF THIS AGREEMENT, VIOLATION OF STATUTE, OR STRICT LIABILITY WITHOUT REGARD TO FAULT.


THE FOREGOING INDEMNIFICATION OBLIGATION SHALL APPLY REGARDLESS OF THE AMOUNT OF INSURANCE COVERAGE HELD BY PARTICIPANT INCLUDING WITHOUT LIMITATION ANY SUCH COVERAGE UNDER ANY WORKER’S COMPENSATION ACT, DISABILITY ACT, OR OTHER ACT OR LAW WHICH WOULD LIMIT THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR PARTICIPANT AND SHALL NOT BE LIMITED BY ANY INSURANCE CARRIED OR PROVIDED BY PARTICIPANT IN ACCORDANCE WITH THIS AGREEMENT.


PARTICIPANT’S CONTRACTUAL OBLIGATIONS OF INDEMNIFICATION SHALL EXTEND TO AND COVER CLAIMS, DEMANDS AND CAUSES OF ACTION ALLEGING CONCURRENT ACTS OF NEGLIGENCE, FAULT OR OTHER ACT OR OMISSION BY OR ON THE PART OF THE INDEMNITEES PROVIDED THAT IN THE EVENT THAT BOTH PARTICIPANT AND SUCH INDEMNITEE ARE ADJUDICATED AT FAULT WITH RESPECT TO DAMAGE OR INJURY SUSTAINED BY A CLAIMANT, PARTICIPANT SHALL INDEMNIFY INDEMNITEES ONLY FOR THAT PORTION OF THE DAMAGE OR INJURY ADJUDICATED TO HAVE BEEN CAUSED BY PARTICIPANT, AND ACCORDINGLY, THE INDEMNITEES SHALL BEAR ALL COSTS AND DAMAGES FOR WHICH EACH OR ANY IS FOUND LEGALLY LIABLE.  PARTICIPANT SHALL NOT INDEMNIFY THE INDEMNITEES FOR THEIR SOLE NEGLIGENCE.