(A) On application and payment of the license fee as set forth herein, the holder of a Class R-1, R-2 or T license may be issued a temporary permit to sell alcoholic liquor as authorized by the license classification, outside of the permanent structure and on the property where the licensee’s permanent structure is located, under the following conditions:
(1) A temporary fence, not less than four feet in height, made of wood or other similar material shall be erected. The fencing shall be designed and positioned so as to separate the licensee’s patrons from the general public.
(2) Access into the outside area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk or adjoining property emergency exits as required by city ordinance must be provided.
(3) No music of any kind may be played or broadcast from the outside area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after 10:00 p.m.
(4) Outside portable sanitary facilities must be provided by the licensee as required.
(5) No sales or dispensing of alcoholic liquor may be made from the outside area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outside area or permanent structure.
(6) Proof of dram shop insurance coverage on the outside area must be submitted with the completed application.
(7) Adequate security must be provided by the licensee.
(8) Outside area activities may not begin prior to 12:00 p.m. (noon) and will cease at the normal closing time for the licensee, or 12:00 midnight, whichever is earlier.
(B) An outside sales permit may be issued for a maximum for two consecutive days. Not more than two permits may be issued to a licensee during a calendar year.
(C) The fee for a temporary outside sales permit shall be $50 for each day for which the permit is to be used. Issuance of an outside sales permit to a licensee shall be treated separately from the licensee’s primary license and shall be subject to suspension or revocation by the commissioner for just cause.
(D) Within the permitted area, the licensee shall be subject to all other regulations governing the class of license held by the licensee, including but not limited to regulations governing the sale of food, except as specifically amended herein.
(Ord. 01-35, passed 6-12-01)