TOSA Update: Frequently Asked Questions

TOSAs are a result of the Continuity of Government Ordinance (COGO). Elements of the COGO will remain in place for at least twelve months from the end of the local emergency, until August 15, 2023.

All TOSA permit applicants will be notified of any updates and/or changes, prior to February 15, 2023.

Restaurants with a permitted TOSA and all required certificates of occupancy, including temporary ones, do not need to take any action at this time.

For restaurants that do not have all required certificates of occupancy, including temporary ones, the restaurant owner must submit an application as soon as possible.

Yes. Please visit the Temporary Outdoor Seating Area webpage to obtain additional information and applications. We would suggest that you schedule a Code Consultation to ensure the proposed seating is compliant with all Building and Fire Code regulations.

Phase 1 of the study is complete and staff will present study details and updates in February 2023.

Yes. Future engagement about the study of current outdoor dining regulations will involve a broad range of Arlington’s community, including businesses, residents, and other stakeholders

As part of its study of the future of outdoor dining, the County will be applying the lessons learned from TOSAs. To ensure a level of continuity for restaurants, the timing of any such regulatory or process update for outdoor dining will be aligned with the winding down of TOSA provisions.

The need for the local emergency is coming to an end as Arlington has an extraordinarily high vaccination rate and the number of cases of COVID-19 requiring hospitalization has been greatly reduced. 

On March 13, 2020, the County Manager declared a local emergency. The declaration allowed the County to request additional resources from the state and federal governments as available to assist in response and recovery efforts.

The County Manager will lift the local emergency effective August 15, 2022.

PUDOs in the public right-of-way are not affected by the expiration of Continuity of Government Ordinance (COGO), but they could be reconsidered on a case-by-case basis as part of the County’s normal curb space management process.

Yes. The COGO authorized the County Manager to temporarily suspend enforcement of existing provisions of County ordinances and conditions in use permits and special exception site plans in certain areas, including carry out and food delivery services for existing food establishments. Establishments can apply for a use permit to ensure continuation of these operations.