ENCINITAS -- The Encinitas City Council moved closer to hammering out a policy for sidewalk dining Wednesday night, saying it would be open to an ordinance that included a simple, even-handed permitting process.

Before an ordinance can be drafted, though, the council asked staffers to return with more information about how other cities have dealt with the issue, as well as graphic, computer representation of how tables and chairs could be placed on the public sidewalks without blocking the 4 feet of the sidewalk required for pedestrians.

"I would like to see an imaginary line along the sidewalk so that we can see how much railing would be in the right of way, and not just in downtown but in Leucadia and Cardiff as well, " said Councilwoman Teresa Barth. "These consequences will have a fallout throughout the city."

Since 2002, the city has allowed only two downtown restaurants -- Vigilucci's Trattoria and Roxy Restaurant -- to serve drinks at sidewalk tables.

Under the state's Alcoholic Beverage Control regulations, dining areas where alcohol is served must be separated from the sidewalk by a permanent barrier.

"I'm more uptight about the railings than I am about having a glass of wine or beer with a meal on the sidewalk," said Mayor Jerome Stocks. "The other thing is that I have to empathize with (Via Italia owner) Paolo (Pedrazzani). Can't we find a way to simplify the (permitting) process?"

Under the current city policy, businesses may encroach on the public sidewalk but do so with a permit and a one-time fee.

Cardiff resident George Hejduk said the encroachment of the right of way along the Coast Highway sidewalks has "been blatantly offensive," with walkers having to navigate through tables, chairs, umbrellas and dogs.

"The real problem is with the encroachment, not with the alcohol," he said.

According to a city staff report, 18 restaurants have sidewalk dining in the public right of way in the downtown area and 17 of them have encroachment permits.

Daniel Shaffer represented the Italian downtown restaurant When In Rome.

"Though at this the time, we do not have any sidewalk dining with beer or wine, we certainly support it for the other restaurants," he said.

"Having those extra five or six chairs in front helps convince people to come in -- whether it is good times or bad times, every chair makes a difference."

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