(a) Holders of an Outdoor Dining Street Permit shall not:
(1) operate earlier than 7:00 a.m. nor later than 11:00 p.m.
(2) play music, whether live or recorded, nor allow music to be played at the Outdoor Dining Street, other than through headphones.
(b) The holder of an Outdoor Dining Street Permit shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. For Outdoor Dining Street Full-Closure Permits, the operator shall leave six feet of public way unobstructed for pedestrian passage. The construction, configuration, and other characteristics of the boundary, including landscaping, shall be set forth by rule.
(c) Outdoor Dining Street Full-Closure Permit holders shall have the following requirements:
(1) At least one retail food establishment shall be open for outdoor business when a business with only a tavern license is open for outdoor business on the Outdoor Dining Street. A business with only a tavern license may not operate on the Outdoor Dining Street if there is no retail food establishment operating on the Outdoor Dining Street.
(2) At least two retail food establishments shall be open for outdoor business each day of the week. Retail food establishments shall be open for at least four consecutive hours. At least two retail food establishments shall be open between 5:00 p.m. and 7:00 p.m. However, no penalty for violation of this subsection shall apply to a business that has to shorten or discontinue its hours on a particular day as a result of inclement weather.
(3) Hours of operation for the street portion shall be posted by each retail food establishment.
(4) All licensees on the permit shall operate on the street portion at least two days a week at all times during the permitted operating hours.
(5) Only licensees which are named in the permit may operate on an Outdoor Dining Street.
(6) If a street has one or more lanes designated for bicycles, the Outdoor Dining Street shall allow for bicycle lanes through the street.
(d) Outdoor Dining Curb Lane Permit holders who are taverns shall allow for food service on the premises of the curb lane.
(e) Permittees shall follow Commissioner directives, including, but not limited to, modification or suspension of operations in order to make room for construction.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)