No outdoor patio dining and beverage area establishment shall be permitted, maintained or operated, except in conformity with the following regulations.
(A) The establishment shall maintain, in full force, an underlying liquor license.
(B) The outdoor patio dining and beverage area shall be particularly described and adjacent to, and operated as part of, premises licensed to sell beer, malt or alcoholic beverages for consumption on the premises.
(C) Outdoor patio dining and beverage areas may only be operated at the street level of any bar or restaurant.
(D) No outdoor patio and dining areas may be operated after the maximum serving time permitted under the underlying liquor license, or 11:00 p.m each day, whichever is earlier. Canopies and other temporary structures shall comply with all applicable codes and ordinances, and shall be installed no earlier than April 1 and shall be fully removed no later than November 1. Tents are not permitted by code.
(E) Outdoor patio dining and beverage service areas shall be limited to one person for each ten square feet of area and shall have separately posted the maximum capacity.
(F) At any part of the outdoor patio dining and beverage area not blocked by a building, there shall be maintained or constructed a fence six feet high surrounding the outdoor patio dining and beverage area in the rear and side yards, and a fence four feet high surrounding the outdoor patio dining and beverage area in the front yard. The fence shall contain the required fire exit or exits. Each gate or exit shall swing to egress, shall be equipped with proper hardware and shall swing free and clear of public sidewalks. The outdoor patio dining and beverage area fence shall comply with all village ordinances regarding fence construction materials and regulations, including vision clearance and required distances from corners.
(G) All electrical wiring shall comply with the Village Electrical Code.
(H) All combustible rubbish shall be stored in noncombustible covered containers.
(I) No music shall be permitted in the outdoor patio dining and beverage area.
(J) The noise emanating from any outdoor patio dining and beverage area shall not violate any of the regulations of the village pertaining to noise and shall not reach a level to unduly disturb neighbors.
(K) The alcoholic beverage licensee, or his, her or its agents, shall be responsible for preventing violations of this section.
(Ord. 1927, passed 6-7-2007) Penalty, see § 112.99