(a)   Permit Required. No person shall hereafter keep, maintain, conduct or operate any outdoor patio garden in any Class A liquor license establishment without first obtaining a permit therefor.
   (b)   Definition. As used in this section, the following term have the following meaning unless the context clearly indicates a different meaning is intended:
      “Outdoor Patio Garden” means an open, unroofed area where food, beer and other alcoholic beverages are served or consumed.
   (c)   Fee. The annual fee for an outdoor patio garden permit shall be twenty-five dollars ($25.00), and every permit shall terminate on June 30 next following the issuance of the same.
   (d)   Application. Application for an outdoor patio garden permit shall be made to the City Clerk and may be granted upon approval by the Liquor Commissioner of the City with the advice and consent of the City Council. No outdoor patio garden shall be permitted in land zoned for residential purposes. The permit shall be posted conspicuously in the outdoor patio garden at all times it shall be in use.
   (e)   Conditions. No outdoor patio garden shall be permitted, maintained or operated except in conformity with the following regulations:
      (1)   The outdoor patio garden area shall be particularly described and adjacent to or if separated by a street, within 75 feet of the premises licensed as a Class A liquor license and operated as part of premises licensed as a Class A liquor licensee authorized to sell food, beer and other alcohol for consumption on the premises. If the outdoor patio garden area is separated by a street from the premises licensed as a Class A liquor license, patrons of the business shall be prohibited from transporting any alcoholic drinks from the premises to the garden or from the garden to the premises;
      (2)   Outdoor patio gardens shall be no greater in area than one-third the other floor space of the licensed premises and any building attached to said patio garden;
      (3)   Outdoor patio gardens shall be limited to the capacity authorized by any State or local regulations with regard to maximum capacity of enclosed areas;
      (4)   At any part of the outdoor patio garden not blocked by a building, there shall be maintained or constructed a fence not less than eight feet high surrounding the outdoor patio garden area. The fence shall contain a fire exit or exits. The outdoor patio garden fence shall comply with all City ordinances regarding vision clearance and required distances from corners;
      (5)   All electrical wiring shall comply with National, State and City electrical codes;
      (6)   All combustible rubbish shall be stored in noncombustible covered containers;
      (7)   The noise emanating from any outdoor patio garden shall not violate any of the regulations of these Codified Ordinances pertaining to noise or nuisance;
      (8)   The Class A licensee and his or her agent or agents shall be responsible for preventing violations of this section;
      (9)   The door to the building shall remain closed but unlocked if a band or loud music is emanating from the inside of the building;
      (10)   Access by patrons to the outdoor patio garden shall be allowed only from the inside of the building;
      (11)   Bands of other musical entertainment shall be allowed if under a roof or tent in the outdoor patio garden.
(Ord. 739. Passed 7-12-99; Ord. 949.  Passed 4-13-15.)