(A)   On application and payment of an investigation and processing fee of $100, in addition to the license fee set forth herein, the holder of a Class T, R-1 or R-2 license may be issued an outdoor cafe permit.
   (B)   Upon issuance, an outdoor cafe permit shall entitle the licensee to sell alcoholic liquor as authorized by his or her primary classification, outside of the permanent structure of his or her premises under the following conditions:
      (1)   A permanent fence, not less than three feet in height, made of wood or other similar material, shall be erected by the licensee.
         (a)   The fence shall be designed in such a manner so that the vision of a person on either side of the fence is not obscured when viewing through the fence.
         (b)   The fencing shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential or commercial property.
      (2)   (a)   Access into the outdoor cafe shall be from the permanent structure only and no access shall be permitted from the street, sidewalk, or adjoining property. 
         (b)   Emergency exits as approved by the Village Building Inspector shall be provided.
      (3)   No music of any kind, which is of such a volume so as to disturb the neighborhood in any manner, may be played or broadcast from the outdoor cafe or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner.
      (4)   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 outdoor cafe or permanent structure.
      (5)   The permit for the outdoor cafe shall be displayed, together with the licensee's T, R-1 or R-2 license, and shall be considered as part of the license, and subject to suspension or revocation whenever the license is subject to suspension or revocation.
      (6)   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 hours and the sale of food, except as specifically amended herein.
      (7)   The annual fee for an outdoor cafe permit shall be $100, with a $15 annual renewal/inspection fee.
      (8)   There shall be one outdoor cafe permit outstanding in the village.
(Ord. 06-09, passed 2-28-06)  Penalty, see § 111.99