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(A) All sidewalk cafes serving alcoholic beverages shall be allowed to operate during the hours of 10:00 a.m. until 10:00 p.m., Monday through Saturday and Sunday during the hours of 12:00 p.m. (noon) until 10:00 p.m. Sales and service shall cease by 9:30 p.m. and all areas shall be vacated by 10:00 p.m.
(B) All alcoholic beverages to be served at a sidewalk cafe shall be prepared within the existing restaurant, and alcoholic beverages shall only be served to patrons seated at tables. The consumption of alcoholic beverages at a sidewalk cafe within the confines of the sidewalk cafe area shall not be construed as a violation of any ordinance controlling open containers in a public area. The operator of the sidewalk cafe shall take all necessary action to procure the appropriate license or permit from the M.L.C.C. to serve alcoholic beverages in the sidewalk cafe and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in the state.
(C) All food to be served at a sidewalk cafe or outdoor seating shall be prepared within the existing establishment unless approved by the City Council as part of a special event application request.
(D) The restaurant shall not serve food or beverages to a patron at a sidewalk cafe unless that patron is seated at a table.
(E) The sidewalk cafe or outdoor seating permit issued in an accordance with this chapter shall be prominently displayed within the existing establishment along with other required permits and licenses.
(F) During the off-season, chairs, railings, posts, planters, table umbrellas, and other items shall be removed and shall not be stored outside. It shall be the responsibility of the establishment to secure adequate storage of these items.
(G) The maintenance of a sidewalk cafe or outdoor seating area shall be the responsibility of the establishment including but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury.
(H) Advertising on table umbrellas or railings is prohibited.
(I) An increase in lighting is prohibited, unless otherwise required through the review process.
(Ord. passed 4-12-05) Penalty, see § 119.99