Tuscaloosa City Council Meeting: Administrative Codes and Sidewalk Cafe Fees (Nov 4, 2025)

City staff presented amendments to the municipal code regarding compensatory time for exempt employees and emergency administrative leave, followed by a detailed presentation on proposed text changes and fee structures for sidewalk cafes. The meeting was characterized by general consensus on administrative code updates and a deliberative discussion regarding sidewalk cafe fees, with Council unable to reach a final decision on specific rate increases, directing staff to prepare options for a future vote.

Consent Calendar

• Municipal Code Amendment (Sections 19-61D & 19-205): The Council unanimously approved amendments on an oral motion.
  • Compensatory Time (19-61D): Eliminated accumulations of compensatory time for exempt employees (excluding Police and Fire). Supervisors are expected to manage flex time for these well-compensated employees. The current cap of 40 hours and 30-day expiration remains in place until this amendment.
  • Severe Weather/Inclement Weather (19-205): Authorized the Mayor to grant administrative leave with regular pay to non-essential employees during severe weather events, rather than mandatory overtime pay. This change aims to prevent high costs associated with overtime for essential employees who happen to be present during weather-related closures.

Public Comments & Testimony

• Tuscaloosa Downtown Merchants Alliance: Two representatives from the Alliance were present to discuss the vetting of sidewalk cafe proposal changes. They confirmed that the proposed text tweaks were discussed with them and the strip area liaison (Brandon Owens) and received feedback.
• Business Community Representatives: While not speaking as a formal block, the presence of owners from establishments such as Glorybound, Egan's, and 1225 was noted by staff as part of the engagement process regarding the proposed changes.

Discussion Items

• Sidewalk Cafe Text Amendments (Red Line Changes):

  • Permit Clarification: Proposed language clarifying that a Right-of-Way Use Permit does not automatically grant permission for commercial sidewalk cafe use without a specific cafe permit.
  • Zoning Restrictions: No new sidewalk cafe permits will be issued to establishments classified as Bar/Club, Bar/Restaurant, or Private Event Space, except for the one existing location grandfathered in.
  • Pedestrian Access: Council members and staff unanimously support maintaining the requirement for six feet of unobstructed pedestrian pathway.
  • Barrier Configuration: Proposed to remove complex language regarding tree grates and borders, replacing it with a requirement for barriers to run in a continuous straight line, perpendicular to the building wall.
  • Sanitation & Design: Proposed addition of a requirement for quarterly pressure washing and a mandate for uniform furniture design (no mixing plastic and metal) within the same cafe space.
  • Alcoholic Beverages: Prohibition of glass bottles containing alcoholic beverages other than wine bottles (specifically banning beer bottles) at the request of Chief Blankley.
  • Queuing vs. Cafe: Clarification that establishments cannot utilize sidewalk cafe space for queuing simultaneously. A decision must be made to choose either queuing or a sidewalk cafe in that specific area.
  • Queuing Permit Timing: Proposal to move the start time for queuing permits from 11:00 PM to 9:00 PM, requested by public safety officials.

• Sidewalk Cafe Fee Structure Analysis:

  • Current Fees: Application fee of $156 (adjusted for CPI) and licensing fee of $1.40 per square foot (adjusted for CPI).
  • Comparative Study: Staff compared Tuscaloosa rates with five Alabama cities (Anniston, Auburn, Birmingham, Northport, Opelousas) and other jurisdictions (Asheville, NC; Athens, GA; Baton Rouge, LA; Fayetteville, AR; Greenville, SC; Knoxville, TN; New Orleans, LA; Oxford, MS).
    • Oxford, MS Model: Cited as a market-rate rent model with a four-year contract, increasing $1.00 per year for CPI, estimated potential cost at $18,000 per month for some businesses.
    • New Orleans, LA Model: Charges per table, differentiated by location (French Quarter vs. outside).
    • Athens, GA Model: Approximately $1.00 to $1.50 per square foot.
  • Council Deliberation:
    • Support for Increase: Council members expressed that current fees do not reflect the market value of public property or the revenue some businesses generate on sidewalks (up to 30% of total revenue reported from sidewalk usage). One member noted the vibrancy brought by patios but acknowledged the need for better compensation for the city.
    • Concerns regarding Impact: Council members expressed concern that raising fees too aggressively could "choke off" businesses, especially given the fluctuating student population and seasonal drops in summer revenue. One member questioned if fees should be seasonal.
    • Predictability: Members requested a structure that avoids annual revisits, suggesting a multi-year fee increase structure or a mechanism to automatically adjust every few years.
    • Recommendation Gap: Staff declined to provide a specific recommendation, asking Council for direction. No consensus was reached on a specific dollar amount or percentage increase during this session.

Key Outcomes

• Adoption of Administrative Code Amendments: Sections 19-61D and 19-205 were adopted via oral motion with unanimous approval.
• Deferred Action on Sidewalk Cafe Fees: No decision was made to increase fees effective immediately. Council directed staff to further evaluate options, considering the proposed text changes and the need for predictability (e.g., multi-year increases).
• Next Steps:
  • Staff to refine fee options and potentially include a mechanism for periodic adjustments (e.g., every 3-4 years).
  • Item to be revisited at the next committee meeting scheduled for November 18.
• Procedural Note: The Council indicated they would likely vote on the sidewalk cafe fee and text changes together at the November 18th meeting after further discussion and vetting.