(A) Any licensed establishment within the city to which an on-sale liquor license has been issued may have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and/or consumption of 3.2% malt liquor or intoxicating liquors in such contiguous area that is not wholly within a completely enclosed building. The licensee must declare its intention to provide outdoor sales and service within the adjacent area and provide proof of liquor liability insurance covering the extended area. The contiguous area shall not be part of a public grounds and such area must be specified as included on the liquor liability insurance certificate. In the event that an existing licensee would like to utilize areas of their real property for special events, the licensee must apply for a limited on-site special event permit.
(B) Each application pursuant to this section shall contain a description of the outdoor area that is proposed to be licensed and shall be accompanied by a drawing of the proposed area to be licensed. Such application shall also include a detailed description of the barriers that will be used, method of seating, ingress and egress arrangements, security provisions, sanitary and fire arrangements, and lighting. The drawing required hereunder must include the dimensions of the area, barriers, tables, aisles, and equipment, and must be drawn proportionately to scale. The drawing shall also include adjacent properties and uses (e.g. residential, commercial). Outdoor live entertainment that will continue beyond 9:00 p.m.; the use of sound producing equipment that will continue beyond 9:00 p.m.; or outdoor events within the licensed area that will continue beyond 9:00 p.m. that require additional off-site parking or includes anticipated attendance of more than 150 people are prohibited except upon approval of a special event permit issued separately by the city and approved by the City Council.
(C) City staff will review such request for seasonal outdoor sales of liquors for suitability of the proposed location in light of applicable fire, building, and life safety codes, zoning ordinances, past performance of the licensee in maintaining order and obeying applicable laws in the licensed outdoor area and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by minors, and safety arrangements.
(D) An application may be denied based on the following non-exclusive list of factors:
(1) Inability to comply with fire, building, and life safety codes or inability to comply with zoning ordinances;
(2) Occurrences of disorderly conduct;
(3) Demonstrated history or inability to provide safety on the premises;
(4) Adverse impact on surrounding land, inadequate lighting, in appropriate noise levels;
(5) Unsuitable ingress and egress arrangements; and/or
(6) Such other grounds if the city finds that issuing the permit is not in the best interest of the general health, welfare, and safety of the citizenry.
(E) Sales of liquor in approved outdoor locations is limited to the hours and date(s) dictated by the approved permit. Any licensing of premises must be deemed experimental and as such, no expectation must be made by the licensee that the licensing of outdoor areas will be renewed, even though no misconduct occurred in the outdoor area, in the event the City Council determines to repeal the general authorization for seasonal outdoor sales.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99