3-3-16: OVERLAY LICENSE CLASSIFICATIONS:
The following licenses may be obtained by the holder of a valid primary license:
   A.   Outdoor Adjunct Licenses: The holder of a valid class D (restaurant), E-3 (bowling/amusement center), or K (park district) license issued under this chapter may apply to the city council for an outdoor adjunct liquor license to allow the serving of alcoholic liquor outside of the licensed premises on private or public property immediately adjacent to the premises for which the class D, E-3, or K license has been issued upon the following conditions and restrictions:
      1.   The site drawing submitted with the application for an outdoor adjunct license must clearly identify the outdoor area for service and consumption of alcoholic liquor, must include all of the details necessary to meet the conditions of an outdoor adjunct license and must be approved as a condition of the license.
      2.   The outdoor area upon which alcoholic beverages will be served must be clearly delineated and segregated by use of a temporary fence or other temporary barrier that is no less than three feet (3') in height so that there is only one entryway into the enclosed area and that entryway must be from within the licensed premises; provided that a licensee may petition for approval of an outdoor area without a single entry from within the licensed premises if such an arrangement is not practicable and other means of securing adequate control of the area are provided and approved as a condition of the license.
      3.   If the outdoor area is on property not exclusively owned or under the exclusive control of the licensee, such as by lease, the applicant must obtain and submit written approval from the owner of the property.
      4.   Public sidewalks or ways may be used as long as an unobstructed area of adequate width, but no less than four feet (4'), as measured from the adjacent curb, is available for pedestrians using the sidewalk or way.
      5.   Alcoholic liquor may only be served and consumed in the enclosed area, and signs shall be prominently posted in the outdoor area that no alcoholic liquor is allowed outside the enclosed area.
      6.   Alcoholic liquor may only be served and consumed during the regular food service hours.
      7.   The license shall be issued on a month to month basis only, and may be revoked by the city, without cause, upon thirty (30) days' written notice to the holder of the license, upon such termination the license holder shall be refunded a prorated share of the outdoor adjunct license fee.
      8.   The license may be revoked without refund upon three (3) days' written notice by the city after a conviction for any local ordinance or state criminal code violations arising from use of said outdoor premises, providing that the licensee may appeal the revocation by written notice within five (5) business days from the notice of revocation. The liquor commissioner may reinstate the license, after a hearing to consider the evidence, if the following criteria are met:
         a.   The violation was not committed by the licensee or the licensee's employees or agents;
         b.   The violation occurred in spite of compliance of the licensee and the outdoor area with all of the requirements for the license; and
         c.   The arrangement or operation of the outside area was not a factor in the commission of the violation.
      9.   No portion of any enclosed area may be within fifteen feet (15') of any street or alleyway intersection that is currently used by vehicular traffic or otherwise interfere with the view of vehicular traffic or with safe passage of vehicular and pedestrian traffic.
      10.   The application for an outdoor adjunct license filed with the city shall include:
         a.   A drawing and description of the outside area;
         b.   A description of the materials to be used for the barrier to separate the outside area and any entrance to or exit from the outside area;
         c.   Written consent of the owner of the property if not owned or exclusively controlled by the applicant;
         d.   If proposed on city property, an agreement holding the city harmless and indemnifying it from any liabilities relating to the serving of food or alcoholic beverages or the use of the public area by the license holder, in a form acceptable to the city, and proof of insurance naming the city as an additional insured in the amount of one million dollars ($1,000,000.00) for premises and dramshop liability, including a term requiring written notice to the city prior to termination or cancellation of the policy;
         e.   A description of the additional measures the applicant shall use to secure the area and to prevent violations of the city liquor code and any other local and state laws and regulations related to the use of the outside area; and
         f.   Any other information required by the city police department or community development department to ensure compliance with local and state laws and regulations.
      11.   The outdoor premises shall be maintained at all times in a clean condition and free from litter.
      12.   A licensee desiring to use city property shall obtain and comply with the requirements of an outdoor cafe license.
      13.   Outdoor adjunct licensees shall comply with all local and state ordinances, regulations and laws.
   B.   Live Entertainment License (Indoor Or Outdoor): The holder of a class A, D or E-3 license issued under this chapter may apply to the city council for a live entertainment license. An application for an overlay live entertainment license may be submitted with the application for the underlying license or at a later time, but the overlay license shall be issued only for the time remaining on the underlying license. Live entertainment overlay licenses are subject to the following conditions:
      1.   Amplified entertainment shall not be permitted outside except as specifically permitted by the city council in keeping with the city noise ordinance;
      2.   Outside live entertainment shall cease at ten o'clock (10:00) P.M. Sunday through Thursday and at eleven thirty o'clock (11:30) P.M. Friday and Saturday regardless of the regular hours of the business;
      3.   Any licensed premises providing inside live entertainment shall close the doors and windows to the establishment after ten o'clock (10:00) P.M. Sunday through Thursday and at eleven thirty o'clock (11:30) P.M. Friday and Saturday;
      4.   The display, modeling and sale of sexually explicit clothing are expressly prohibited;
      5.   The applicant shall comply with such other conditions imposed by the City Council and the Chief of Police to protect the health, safety and welfare of the public;
      6.   An applicant shall submit with the application:
         a.   A drawing of the area in which live entertainment will be provided or will occur;
         b.   A description of the type or types of live entertainment to be provided; and
         c.   The days and times of the week live entertainment will be provided.
   C.   Overlay Package License: The holder of a Class A or D license to sell alcoholic liquor at retail for consumption on the premises may obtain an overlay package license to be able to sell at retail packaged alcoholic liquor limited to beer, wine or liqueur for consumption off the premises. (Ord. 13-16, 4-1-2013; amd. Ord. 17-20, 3-6-2017; Ord. 19-48, 7-15-2019)