STAFF REPORT
Meeting Date: September 16, 2025
To: Honorable Mayor & City Council
From: Debra Kanode, Assistant Planner
Chloe Chen, Principal Planner
Ray Balderas, Principal Planner
Subject: Annual Retail Queueing Permitting Process Update Attachments: 1. Retail Queueing Requirements
INTRODUCTION
On July 2, 2024, the City Council approved a process to allow businesses to set up customer queues on public sidewalks. The retail queueing permitting process uses the existing minor encroachment permit process set forth in Beverly Hills Municipal Code (BHMC) §8-3-4 that allows temporary encroachment on the public right-of-way. The permitting process continued the provisions under the temporary OpenBH program to allow businesses to control the flow of customers by setting up queues on the sidewalk using stanchions to limit the flow of patrons into retail or other commercial establishments.
The approved permitting process included a requirement that the program be reviewed approximately one year from the date of approval with a report to the City Council every year thereafter in order to ensure the program has not created unforeseen adverse impacts to adjacent businesses.
This is the first annual report and the information provided reflects the period from the program effective date (July 2, 2024) through August 31, 2025.
DISCUSSION
The regulations outlined in BHMC §8-3-4 state that the transportation/engineering official has the authority to issue permits under the criteria set forth in BHMC §8-3-6 1 for certain
types of encroachments. This includes “minor encroachments for objects or materials which are not affixed to real property, including, but not limited to, ornamentation, flower containers, and other encroachments not regulated by permits issued under chapter 2 of 1 BHMC §8-3-6 provides criteria for issuance of an encroachment permit: “A. The encroachment use for which the permit is requested is necessary or desirable; B. The encroachment use does not create a substantial adverse impact on persons or property; C. The encroachment use does not adversely affect the public health, welfare, and safety.”
Meeting Date: September 16, 2025
this title.” In addition, BHMC §8-3-14 provides the transportation/engineering official the authority to issue rules and regulations for implementation of this regulation. Retail queueing is considered a “minor encroachment”, and the City created requirements, applied conditions, and created a permitting application for queuing installations as these types of encroachment permits met the criteria set forth in BHMC §8-3-6.
The retail queueing application form2, sets forth the applicable requirements for installation and permit issuance (attachment 1).
Retail Queueing Permit Tracking
During the period from July 2, 2024, and the end of August 2025, a total of five retail queueing permit applications have been submitted and are currently being processed.
Code Enforcement is currently monitoring commercial areas to identify any businesses that may be in violation or require a retail queuing permit. The Code Enforcement team will continue to monitor and ensure compliance with the program moving forward.
Retail queueing continues to be a common request with a sustained interest by luxury goods retailers, having expressed a desire to maintain retail queueing operations to both maintain an exclusive retail experience, and address security concerns by limiting the flow of patrons into the establishment. While the amount of retail queueing applications is modest, staff is not aware of any adverse impacts to retail properties or uses. Staff’s assessment is that the retail queueing permits are operating as intended by providing retail businesses with a streamlined process to ensure an orderly queueing process.
FISCAL IMPACT
There is no fiscal impact to the City for this program. Any retail queueing permit is subject to permitting fees as set forth in the City’s Comprehensive Schedule of Taxes, Fees, and Charges for Fiscal Year 2025-26.
RECOMMENDATION
This report is for information only; no further action is required. 2 Application form can be accessed at https://beverlyhills-building-and-safety-communitydevelopment.app.transform.civicplus.com/forms/retailqueuing Michael Forbes, AICP,
Director of Community Development
Approved By
Attachment 1
Retail Queueing Requirements
1 RETAIL QUEUEING REQUIREMENTS
The retail queueing application form (https://beverlyhills-building-and-safety-communitydevelopment.app.transform.civicplus.com/forms/retailqueuing) sets forth the applicable requirements for installation and permit issuance.
Queueing Location
• The business must be located within the Business Triangle, defined as: the area of the City of Beverly Hills bounded by the centerline of Wilshire Boulevard to the south, the centerline of Santa Monica Boulevard (south roadway) to the north and west, and the centerline of the alley between Cañon Drive and Crescent Drive to the east. • Stanchions may only be located along the length of the associated business sidewalk frontage (the area parallel to the public sidewalk, along the storefront façade). They must not encroach into an adjacent business’s frontage. The use of masking tape or other similar temporary fixture to delineate the queueing area on the sidewalk is not permitted. • The queueing area in which people may stand on the sidewalk may not exceed a maximum width of 4’ clear (parallel to the associated storefront). The area shall not block the doorway or the maneuvering clearance of any door.
• The stanchion installation must allow a minimum 6-foot clearance on the adjacent public sidewalk (right-of-way) at all times, regardless of whether the stanchion is located on private or public property (or both). The 6-foot clearance shall be free of obstructions and measured from any other fixed sidewalk obstruction (including, but not limited to curbs, tree wells, street trees, parking meters, water hydrants, light poles, utility equipment boxes, newspaper racks, and bus benches) to the closest edge of the stanchion.
Queueing Installation
• The only type of temporary installation allowed for retail queueing is free-standing, moveable stanchions (comprised of rope or belt and base) that do not require additional support structures and include a weighted base to prevent tipping. • The stanchion base shall be no more than 42” in height. • Ropes and belts attached to the bases shall be retractable and/or removable.
Queueing Operation
• Stanchions must be stored inside private property when the associated business is closed.
Stanchions are not permitted to remain on the public sidewalk during hours when the associated business is not open to the public.
• Only single-file lines are permitted.
• Business operator/permittee shall immediately notify the City upon discovering any sidewalk condition that requires repair or poses a hazard. 2 • Business operator/permittee shall keep retail queueing areas clean and maintain them free of debris or other obstructions.
Insurance Requirement
• A Certificate of Insurance showing a minimum $2 million Commercial General Liability coverage with the City of Beverly Hills named as an additional insured, waiver of subrogation and 30-day written notice of cancellation. Insurance policy must be primary and non-contributory.
• A Workers’ Compensation insurance policy for both private property and public property (on and off premises).
• Confirmation from insurance carrier/broker that business owners’ coverage extends to the sidewalk.
• Full indemnification of the City.
Submission Requirements
• A signed retail queueing permit application.
• Copy of the certificate of insurance.
• Photos of sidewalk area and façade area where retail queueing will be installed.
Permit Length & Non-Compliance
• Permits are active for one-year, tied to the expiration date of the business’s insurance policy and can be renewed with proof of an active insurance policy. • Community Preservation staff is responsible for inspecting installations, responding to complaints, and non-compliance with permitting requirements.