(A) No outdoor alcoholic beverage license shall be issued for a licensed premises if any part of the premises described outdoor seating area is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises or residential uses found only on the second floor of a structure. No outdoor alcoholic beverage license shall be issued for an establishment if the described outdoor seating area is greater than 50% of the gross floor area of the adjoining licensed premises. Each applicant for an outdoor alcoholic beverage license shall accurately describe the area intended for use as an outdoor seating area and shall indicate the nature of fencing or other measures intended to provide control over the operation of the licensed premises outdoor seating area. The Building Inspector shall review the site prior to approval. The nature of fencing or other measures shall be approved by the Chief of Police and shall review all proposed outdoor alcoholic beverage licenses to determine if they are harmful, offensive or otherwise adverse to the surrounding neighborhood and shall recommend that the license be granted as requested, modified or denied to the City Council for final decision.
(B) The Building Inspector shall verify that criteria established by the Chief of Police and the City Council are met prior to issuance of an outdoor alcoholic beverage license.
(C) No amplified sound or music is permitted outside the enclosed (building) premises. Amplified sound or music is not permitted in the outdoor seating area. There shall be a licensed operator with the outdoor seating area at all times.
(D) There shall be a $50 fee for an outdoor alcoholic beverage license.
(Ord. 283, passed 6-5-2008)