(a) Action by Mayor. After receiving an application under Section 699B.02, the Mayor may submit the application with the Mayor's recommendation to City Council to have the area described in the application designated as an outdoor refreshment area or to expand an existing outdoor refreshment area to include additional property within the city.
(b) Public Notice by City Council. Within forty-five (45) days after the date the application is filed with the City Council, the City Council shall publish public notice of the application once a week for two (2) consecutive weeks in one (1) or more newspapers of general circulation in the municipal corporation. The City Council shall ensure that the notice states that the application is on file in the office of the clerk of council of the municipal corporation and is available for inspection by the public during regular business hours. The City Council also shall indicate in the notice the date and time of any public hearing to be held regarding the application by the City Council. The public hearing shall be held at a location within the proposed outdoor refreshment area.
(c) Action by City Council. Not earlier than thirty (30) but not later than sixty (60) days after the initial publication of notice, the City Council shall approve or disapprove the application by an affirmative vote of a majority of the City Council. Upon approval of the application by the City Council, the territory described in the application constitutes an outdoor refreshment area. The designation of the outdoor refreshment area shall be for a period of three (3) years, after which the owner of the property may re-apply. The City Council shall provide to the Division of Liquor Control and the investigative unit of the Department of Public Safety notice of the approval of the application and a description of the area specified in the application. If the City Council disapproves the application, the Mayor may make changes in the application to secure its approval by the City Council.
(d) The number of outdoor refreshment areas is limited as provided in RC 4301.82.
(e) Any qualified permit holder that receives an outdoor refreshment area designation from the Division of Liquor Control shall comply with all laws, rules, and regulations that govern its license type, and the applicable public health and safety requirements established for the area under Section 699B.04.
(f) Any person, including any qualified permit holder, is required to obtain a special event permit under Chapter 131 for organized events held in an outdoor refreshment area.
(Ord. No. 666-16. Passed 6-6-16, eff. 6-7-16)