(A) It shall be unlawful for any licensee to permit the sale of alcoholic liquor in an outdoor area without the written permission of the City Liquor Control Commissioner, and, except for hotels, golf courses and Class J licenses for special events, such permission shall be granted subject to the following conditions:
1. The perimeter of the outdoor area shall be enclosed.
2. The outdoor area shall be owned or leased by the licensee. (Ord. 0-31-08, 7-7-2008)
3. The outdoor area may be open only at times when food service is available in the restaurant. The restaurant must offer, and have available during all times that alcoholic liquor is available, a full menu and not the limited menu of a bar. This section shall not be deemed to permit activities such as outdoor beer gardens, large scale celebrations, or similar festivities within the outdoor seating area. (Ord. 0-32-08, 7-21-2008)
4. Access to the outdoor area shall be limited to entrances from within the licensed establishment only and not from a sidewalk or parking lot.
5. Seating in the outdoor area shall not be included to meet the required maximum capacity or occupancy restrictions for any license classification as established by this title.
6. Sale of alcoholic liquor shall be for consumption on the licensed premises only.
7. The outdoor area shall be closed at eleven o'clock (11:00) P.M. on Sunday through Thursday, and at twelve o'clock (12:00) midnight on Friday and Saturday.
8. A plat of survey must be submitted showing the location of the outdoor area, along with the enclosure details.
9. The licensee shall be required to take all necessary measures to prevent the level of noise and music from the outdoor area from causing any unreasonable disturbance to any nearby Residentially zoned area. (Ord. 0-31-08, 7-7-2008)
10. Live entertainment is not permitted in the outdoor area, except that live music shall be permitted in the outdoor area provided that such events are limited to two (2) days per calendar year at a restaurant and the hours of the event are limited to 7:00 P.M. - 10:00 P.M. on Fridays or Saturdays and 2:00 P.M. - 5:00 P.M. on Sundays. (Ord. 0-22-19, 8-5-2019)
11. An annual permit is required to serve alcoholic liquor at an outdoor area. The Liquor Commissioner may impose such terms and conditions on the licensee as shall be necessary to cause the fulfillment of these standards to be met. Because of the potential for the disturbance of the public health and safety when alcoholic liquor is sold outdoors or in a not fully enclosed structure, service of liquor in an outdoor area may be canceled, suspended or not renewed by the Liquor Commissioner. (Ord. 0-31-08, 7-7-2008)