(a) For purposes of this section, "walk-up service window" means a window on the exterior wall of a building that is accessible to pedestrians and allows for the dispensing of retail goods to pedestrian customers and the payment for retail goods by pedestrian customers.
(b) A business that is licensed by the City and that is located on the ground floor of a building may operate a walk-up service window on the premises of the business. Such operation shall be subject to the requirements of this section, any rules promulgated thereunder, the building provisions of this code, and, if applicable, Section 17-9-0132.
(c) The Commissioner of Business Affairs and Consumer Protection, the Commissioner of Public Health, and the Commissioner of Transportation, may jointly and severally promulgate rules regarding the operating requirements and limitations of walk-up service windows and for the administration and enforcement of this section. An operator of a walk-up service window shall comply with rules promulgated pursuant to this section.
(d) In addition to any operating requirements set forth by rule, each person that operates a walk-up service window directly accessible from the public way shall be subject to the following operating requirements:
(1) No person shall sell or permit sales from a walk-up service window directly accessible from the public way between the hours of 12:00 a.m. (midnight) and 7:00 a.m.
(2) No person shall sell alcoholic liquor, as that term is defined in Section 4-60-010, from a walk-up service window directly accessible from the public way. Provided, however, that this requirement shall not apply to:
(A) establishments holding a valid liquor license that is subject to the provisions of Section 4-60-071;
(B) establishments holding a valid Lakefront Venue liquor license pursuant to Section 4-60-073;
(C) establishments holding a valid Riverwalk Venue liquor license pursuant to Section 4-60-074; and
(D) establishments holding a valid sidewalk café permit for a sidewalk café that is adjacent to the walk-up service window, during the operating hours of the sidewalk café.
(3) No person shall sell cigarettes or other tobacco products, as those terms are defined in Section 4-64-100, from a walk-up service window directly accessible from the public way.
(e) The Department of Business Affairs and Consumer Protection, the Department of Public Health, and the Department of Transportation are authorized to enforce this section and any rules promulgated thereunder.
(Added Coun. J. 3-15-23, p. 61261, § 1)