A Class OS license shall entitle the holder of a valid Class A, Class A Extended, Class F or Class Q liquor license to sell alcoholic liquor at retail for consumption on the premises outside the principal structure subject to the following conditions:
A. The OS license shall be considered an add on license to a valid Class A, A Extended, F or Q liquor license. The term and validity of the OS license shall be coterminous with the prerequisite Class A, A Extended, F or Q liquor license and shall be subject to all other terms of the prerequisite license except as specified in this subsection.
B. Outdoor alcoholic consumption may only occur within a secured area with access to the serving area through the principal structure for which a valid Class A, A Extended, F, or Q license has been issued, and if that is the only access to the secured area, with at least one additional opening in the fence that secures the area for emergency egress as approved by the Director of Planning and Development Services.
C. The outdoor seating area shall be enclosed by fence in compliance with Building and Life Safety Codes.
D. The outdoor seating area shall be used for seated food and beverage service only.
E. Use of the outdoor seating area shall be limited to between seven o’clock (7:00) A.M. and ten o’clock 10:00 P.M. daily, but alcoholic beverages and alcoholic liquor sales and consumption shall be subject to further restriction by any applicable hourly limits and requirements associated with the prerequisite Class A, A Extended, F or Q license or liquor licenses in general.
F. No outdoor music, amplified sound, live performances or other noise or vibration generating activities shall be permitted within or directed at the outdoor seating area, unless a special event and amplifier permit for said special event are provided. Exception: Music played through a speaker for background music, provided the volume and sound level at which it is played does not create a nuisance beyond the outdoor dining area.
G. Service of alcoholic beverages within the outdoor seating area shall be under the control of BASSET trained representatives and/or employees of the licensee.
H. The outdoor seating area shall be treated as an extension of the restaurant/bar’s public serving area and licensed premises.
I. The licensed establishment must comply with all other terms set forth in any zoning approval ordinance unless otherwise expressly provided in a special use permit, variation, PUD or other zoning approval ordinance.
J. The maximum occupancy of the outdoor seating area shall be based on the maximum seating capacity as determined by the Village’s Building and Life Safety Codes.
K. With its application for an OS license, the licensee shall submit written documentation evidencing that it is either (a) the fee simple owner of the property on which the principal structure of the licensed premises for its prerequisite license is located and on which the proposed outdoor seating area is located; or (b) the applicant for the OS license is the lessee/tenant under a valid lease for the principal structure, or portion thereof or leased space therein, on the licensed premises for its prerequisite license, and that either the lease clearly includes the outdoor seating area, or the landlord has authorized and consented to the use of the outdoor seating area for service of food and alcoholic beverages.
L. In the event an applicant for an OS license desires to use any portion of adjoining Village property, including public sidewalks in Village right-of-way, the applicant shall submit a site plan drawn to scale showing the size and location of all tables and chairs proposed to be placed on Village sidewalks in Village right-of-way to the Public Works Department and to the Planning and Development Services Department, together with an executed Use of Village Property and Hold Harmless Agreement in form as set forth in Appendix A to the Bartlett Liquor Control Ordinance (Title 3, Chapter 3 of the Bartlett Municipal Code), with the proposed site plan attached. If such site plan is approved by the Director of the Planning and Development Services Department and use of the public sidewalk in the Village right-of-way is approved by the Director of Public Works, and the Use of Public Property and Hold Harmless Agreement has been executed by the Village Administrator, the licensee may place its furnishings on the public sidewalk in the Village right-of-way in strict accordance with the approved site plan therefor and may keep and maintain its furnishings thereon after payment of the annual fee therefor, only between April 1 and November 15 of each year (the “Annual Term”), provided the licensee has paid the annual license fees therefor and for its prerequisite liquor license, and the licensee shall be, and shall remain obligated to ensure during the annual term of its Class OS liquor license each year that in no event shall the operation of or placement of furnishings for an outdoor seating area interfere with the passage of pedestrians or vehicular traffic, or reduce the open portion of the public sidewalk to less than five feet (5') clear of obstructions measured from the edge of the sidewalk closest to the curb, or obstruct access to any crosswalk, curb cut, mailbox, fire hydrant, fire escape, fire door, or obstruct the clear view of any traffic signal, regulatory sign, or street sign. Whether the placement of equipment or furnishings obstructs access to any of the foregoing shall be the sole determination of the Village Administrator or her designee.
M. Hours Of Operation:
Sunday, Monday, Tuesday, Wednesday and Thursday | From 7:00 a.m. to 10:00 p.m. or hours of operation for underlying prerequisite liquor license classification, whichever is more restrictive. |
Friday and Saturday |
N. Annual License Fees: See section 3-1-1 of this title.
O. Number Issued: The number of Class OS liquor licenses shall be limited by the number of outstanding underlying prerequisite liquor licenses.
P. Insurance: Proof that the licensee has in place, carries and maintains dram shop liability insurance, or liquor liability insurance or commercial general liability insurance which includes host liquor liability coverage for the licensed premises which shall expressly include by way of an endorsement or other written documentation which evidences that said insurance coverage includes not only liability arising out of the sale and service of alcoholic beverages and/or alcoholic liquor within the principal structure, but also from the outdoor enclosed area on the licensed premises and/or on adjoining property with the consent of the owner thereof.
(Ord. 2022-04, 1-4-2022; amd. Ord. 2024-61, 6-18-2024)