(a) Licensees in the Downtown Business District may request an exception from this [outdoor screening of patio] provision to permit seasonal and temporary sidewalk cafes that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted temporary sidewalk cafes, they shall be deemed part of the licensed premises. A sidewalk café permit is deemed seasonal and temporary in that licensees with a sidewalk café permit shall not place tables and seating on public sidewalks on a continuous basis from November 1 through February 28; however, tables and seating may be placed intermittently during this period if appropriate weather occurs.
(b) Any food establishment which operates a restaurant, which is defined herein as a food establishment with a kitchen licensed by the Boyle County Health Department, and is licensed under this chapter and the provisions of the state ABC code, may, upon application to the local ABC administrator, ask permission to expand on a seasonal and temporary basis, the operation of that restaurant onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereinafter referred to as “sidewalk café”). Licensees who do not serve food shall not be eligible to apply for a sidewalk café permit. A sidewalk café permit shall be valid for not more than twelve (12) months at a time, but may be renewed upon the submission of a new application.
(c) The ABC Administrator may issue the permit if he or she finds that:
(1) The applicant is licensed under this chapter and the ABC Code for the Commonwealth of Kentucky,
(2) The applicant is in compliance with all conditions and restrictions of said license;
(3) The applicant has all necessary building and use permits, including certification of the Zoning Administrator that the sidewalk café is permitted at the premises location, in addition to a kitchen license issued by the Boyle County Health Department; and
(4) Also finds that the issuance of the Permit would not result in any significant adverse land use impacts.
(Ord. No. 1765, 4-12-10; Ord. No. 1828, § 1, 11- 12-13)