Restaurant Patio Program

Pursuant to Section 380.001 of the Texas Local Government Code, a city may establish and provide for the administration of one or more programs, including programs for grants of public money to promote local economic development and to stimulate business and commercial activity in the city.

 The information requested on the application is required by the City to perform an assessment of the proposed project and to assess the project’s alignment with the City’s program objectives. 

Purpose

The purpose of this program is to:

• Address the negative economic impact on small businesses and other industries created by the public health emergencies;
• Provide outdoor spaces for community interaction;
• Support local businesses;
• Promote economic vitality by increasing the customer seating area for restaurants.  

Eligibility

(i)  Location: An existing commercial building located within the Missouri City limits and having a kitchen and an indoor seating area used for the preparation and service of food to the general public.

(ii)  Funds allocated pursuant to this section shall be used to reimburse applicants for the following types of Patio Program Improvements, subject to compliance with applicable City regulations, including zoning regulations:

a. New construction of restaurant patios;

b. Rehabilitation of existing restaurant patios constructed and in existence prior to calendar year 2000. 

(iii) Eligible improvements for this program (“Restaurant Patio Program Improvements”) include:

(i) Construction materials (i.e. Steel, finished wood, wood tile, concrete pavers, salvaged building materials) 

(ii) Barriers (i.e. railings, barricades, planters, wall with built-in seating)

(iii) Exterior seating

(iv) Tents and canopies

(v) Electrical 

(vi) Landscaping

(vii) Heating and cooling (i.e. stationary built in units)

Additional Requirements

(i) The patio for which reimbursement is being requested pursuant to the Restaurant Patio Program shall be improved in accordance with the City's Architectural Design Standards.

(ii) The patio for which reimbursement is being requested pursuant to the Restaurant Patio Program shall be in compliance with the transitional buffer yard requirements contained in Appendix A, Section 11.4 of the City of Missouri City Code of Ordinances.

(iii) Amplified sound of any kind shall not be permitted on a patio that is located on property adjacent to land that is zoned for residential use. 

(iv) Applications must include a detailed itemization and estimate, prepared by the Applicant’s contractor, of all project costs associated with the construction of or improvement to any structure for which participation in the Restaurant Patio Program is sought. 

(v) All applications will be received and considered on a case-by-case basis and will be reviewed and scored by an internal committee.

(vi) Applicants shall follow and adhere to all City ordinances, codes, regulations, policies, rules and procedures governing the construction of, or improvement to any structure for which participation in the Restaurant Patio Program is authorized. Further, all work that requires permits, including, but not limited to building permits, must be completed in compliance with the applicable Missouri City Code provisions and City of Missouri City ordinances. 

(vii) Applicant’s participation in the Restaurant Patio Program, including but not limited to the authorization of reimbursement of eligible project costs, is subject to the final approval of a formal written agreement approved in an open regular session by the City Council of the City of Missouri City. Work for which reimbursement is sought should not be done prior to the approval of a formal written agreement with the City of Missouri City.  

(viii) Applicants shall provide the following, as applicable, with the application for participation in the Restaurant Patio Program:

a. Proof of ownership of the property upon which the eligible patio is to be constructed or improved; and

b. If the Applicant is not the property owner, written consent and approval, from the property owner, for the construction of the eligible patio.

c. If the Applicant is leasing the property upon which the eligible patio is to be constructed or improved, a copy of the lease agreement between the applicant and the lessor. A minimum 5-year lease is required for participation in the Patio Improvement Program.

(ix) The property upon which the eligible patio is to be constructed or improved must be improved with a primary commercial structure having a kitchen and an indoor seating area used for the preparation and service of food to the general public and be occupied or actively on the market.

(x) The economic development incentive agreement shall run with (i.e. transfer upon sale) with the property for a minimum of two years. Applicant shall notify the City in writing no less than thirty (30) days prior to any such sale or transfer of the property.  Applicant’s failure to provide the City with written notice of such transfer or sale as required herein entitles the City to a refund of a pro-rata share of the funds distributed pursuant to the Patio Program. 

Ineligibility

The following are ineligible for reimbursement or participation in the Restaurant Patio Program:

a. A property for which state or local taxes are delinquent;

b. A property that is the subject of an open municipal court citation or other charging instrument alleging a Missouri City Code violation;

c. A property that is the subject of three or more convictions for Missouri City Code violations within the twelve month period immediately prior to the date of application;

d. A patio constructed after 2000;

e. Improvements constructed by the Applicant or a contractor related to the Applicant by blood or marriage; 

f. Construction materials purchased from the Applicant or a vendor that is related to the Applicant by blood or marriage;

g. An Applicant, Property Owner or Lessor, that is the subject of an open municipal court citation or other charging instrument alleging a Missouri City Code violation;

h. An Applicant, Property Owner or Lessor, that has been convicted of three or more convictions for Missouri City Code violations within the twelve month period immediately prior to the date of application; 

i. An Applicant, Property Owner or Lessor who is related, by either blood or marriage, to an appointed official or member of the City Council; and

j. Any work, construction, or improvements, initiated; or construction materials  purchased prior to entering into a written economic development incentive contract with the City.

• A majority vote at a public meeting and the execution of a contract detailing the agreement are required to effectuate a written economic development agreement with the City.
• A "successful applicant" is an individual who is a party to an authorized written economic development incentive agreement with the City.
• Completed Applications, meeting the requirements of the Restaurant Patio Program, shall be processed in the order received by the City and shall be scored and recommended for reimbursement based on adherence to the city's architectural design standards, number of priority improvements selected, and available funds.
• Once approved, Applicants will have 9 months to complete the project and submit a request for reimbursement to the City.

Default

a.    A written economic development agreement shall provide for a complete refund of all funds paid to an applicant by the City pursuant to the Restaurant Patio Program if:

(i)  The applicant fails to legally bind a subsequent purchaser of the subject property to the economic development agreement within two years of entering into the agreement;

(ii)  The patio is not in compliance with the transitional buffer yard requirements contained in Appendix A, Section 11.4 of the City of Missouri City Code of Ordinances.

(iii)   Amplified sound of any kind is permitted or produced on a patio that is located on property adjacent to land that is zoned for residential use.

(iv)  Missouri City Code violations are identified on the Property and citations are submitted to the Municipal Court of the City of Missouri City; or

(v)  The Application contains any false or misleading statements and information.

Application Guidelines

Interested businesses may submit their application online, via this link: Restaurant Patio Application.

If you have any questions concerning the information being requested on the application or need assistance completing the application, please contact the Eco Dev Team.