ENCINITAS -- In response to pleas from diners who say they would like to enjoy a glass of wine when they eat outdoors at downtown restaurants, the City Council is set Wednesday to revisit Encinitas' policy on sidewalk dining.

In 2002, the council tightened its policy that prohibits drinking on downtown right-of-ways, but allowed two restaurants -- Vigilucci's Trattoria and Roxy Restaurant -- to continue serving drinks at sidewalk tables. Those two restaurants had previously been issued permits to serve alcohol on the sidewalk and both already had fencing that separated tables from pedestrians.

Under the state's Alcoholic Beverage Control regulations, dining areas where alcohol is served must be separated from the public sidewalk by a permanent barrier. One of the purposes of the fencing is to prevent the passing of alcoholic beverages from restaurant patrons to passing pedestrians.

The policy the city created in 2002 prohibits any eateries from putting up new barriers on public sidewalks downtown.

Some downtown restaurant owners and managers -- such as those at Q'ero and Via Italia -- have expressed their frustration with the city's regulations, saying it is unfair to allow some restaurants and not others to serve alcoholic beverages at tables placed on the sidewalks.

Many downtown restaurants do encroach on the public sidewalk with tables and chairs, but they do so with a city encroachment permit. They are also required to have adequate insurance coverage and must make certain that their tables and chairs are placed up against and in front of the building and brought in at night.

Recently, the city has received letters from several diners urging a change in the sidewalk dining policy. Some of the letters were included in a staff report that will be presented to the council Wednesday night.

In one, Cardiff resident Fabrizio Balestri said that he wants "the playing field … leveled to allow establishments like Via Italia to compete fairly and offer its many clients the opportunity to enjoy their meals and wine under the beautiful Encinitas sky."

According to the staff report, 18 restaurants have sidewalk dining in the public right of way within the downtown area and 17 of them have obtained encroachment permits. The fee for such a permit is $150.

In 2001 and 2002, when the council first discussed sidewalk dining standards in the downtown area, concerns were raised that the public sidewalk would be less accessible to pedestrians -- especially those with disabilities -- if restaurants were allowed to spill onto the sidewalk.

Local activist and candidate for the City Council Bob Nanninga, who has made the sidewalk dining one of his campaign issues, said he is pleased the council plans to discuss the policy Wednesday.

"It is long overdue that we are revisiting this conversation," he said. "I feel validated that I was able to be a part of bringing it to the table."

Nanninga said that allowing downtown restaurants to serve alcohol on the sidewalk is an economic issue as well.

"It really is all about letting our business owners realize their full economic potential," he added.

The council will meet at 6 p.m. at City Hall, 505 S. Vulcan Ave.

Contact staff writer Ruth Marvin Webster at (760) 901-4074 or rwebster@nctimes.com.