Sale of alcoholic liquor at taverns and bars for consumption outdoors pursuant to a class E-1 license, whether on private property or on public property, is permitted only if all of the following conditions are met in addition to every other applicable provision of this chapter:
A. Description Of Premises: The licensee shall provide an accurate description of the location of each table, chair, bench or other seating, game or service area placed outdoors in the form of a site plan or reasonably legible and intelligible sketch.
B. Incidental Use Only: The use of a sidewalk shall be permitted only incidentally to the operation of a tavern or bar on private property contiguous to such sidewalk.
C. Insurance: If any part of the outdoor service area is located on public property, then the licensee shall furnish to the village evidence of public liability insurance, including the village as an additional party insured and insuring the village against any and all liability resulting from the uses permitted under this section, in an amount of no less than one million dollars ($1,000,000.00) per occurrence, combined single limits.
D. Indemnification: If any part of the outdoor service area is located on public property, then the licensee shall indemnify and hold harmless the village from all liability, lawsuits and costs and shall furnish such an indemnification agreement to the village in a form approved by the village attorney.
E. Open Space: In no event shall a use permitted by this section on a public sidewalk reduce the open portion of such sidewalk to less than six feet (6') in width. For the purposes of this subsection, "open portion" shall be defined as that area of sidewalk lying between the outermost table, bench or chair placed in its normal position for use by the licensee's patrons and the curb or, if closer, the nearest obstruction including, but not limited to, any parking meter, traffic sign, tree well, bicycle rack or other natural or manmade object located on the sidewalk.
F. Cordoned Area: The area in which tables, benches, chairs and activities are set outdoors shall be cordoned off from abutting areas by decorative ropes, chains or other suitable barriers.
G. Clean And Safe Condition: The applicant shall maintain the outdoor cordoned areas in a clean and safe condition at all times.
H. Outdoor Music: No outdoor music or other noisemaking activity shall be permitted when such music or activity constitutes a nuisance or can clearly be heard at a distance of one hundred feet (100') beyond the property line of the premises or at the nearest residence, whichever is farther. Notwithstanding the general application of this subsection, if the licensee has a special event license in effect at any time, the provisions of the special event license shall be deemed to supersede the provisions of this subsection during the term of the said special event license.
I. Hours Limited: No sales or service of alcoholic liquor shall be conducted or provided for consumption at an outdoor service area except during the hours that the establishment is allowed to sell or serve alcoholic liquor inside the principal building.
J. Games: Outdoor recreation games of a generally passive nature, and which do not involve betting or gambling, such as beanbag tossing, horseshoes or other noncontact sports shall be permitted in any cordoned area during the hours of outdoor liquor service operation.
K. Building Codes: The licensee shall abide by any and all applicable building codes, including, by way of example and not limitation, ADA accessibility, code enforcement, sidewalk use, etc.
L. Supervision: Outdoor areas shall be continuously supervised by employees of the establishment.
M. Premises: Beverages may not be removed from the outdoor cordoned area, except to the interior of the establishment.
N. Dispensing: All dispensing of alcoholic beverages from their containers, taps, coolers and similar devices must be indoors.
O. Other Conditions: The liquor control commissioner may impose any other condition judged by the commissioner as necessary to protect the general welfare and to assure that any class E-1 license issued pursuant to this chapter shall benefit the general public. (Ord. 09-11-33, 11-16-2009)