(A) Licensee shall not serve alcoholic beverages or allow patrons to consume alcoholic beverages on public sidewalks or other rights-of-way outside of their restaurant, tavern, or event facility business unless it has obtained a license for tables and chairs from the city and those areas are included in the “ABC licensed premises” under which the applicant has obtained a liquor license from the City Alcohohc Beverage Control Administrator and the State Department of Alcohohc Beverage Control, or as otherwise allowed by law. The table-and-seating-placement license issued by the city may be used by licensee to extend its ABC licensed premises into outside area set forth in licensee’s application and map.
(B) Licensee must maintain the licensed premises in orderly fashion, including requiring that all persons within the licensed premises behave in an orderly fashion and not generate excessive noise. This requirement will be strictly enforced.
(C) Licensee shall ensure that no part of the city’s right-of-way, including sidewalks and curbs, are damaged by outdoor tables and seating. The licensee further agrees that any damage caused to the city’s rights-of-way by the placement of tables or seating will be repaired by licensee or licensee will reimburse the city for any cost of any repairs.
(D) Upon payment of the annual license fee and issuance of a license the city, licensee may place tables and seating on the public sidewalks on a continuous basis from March 1 until October 31. Tables and seating may not be placed on public sidewalks from November 1 until February 28/29. Licensee shall maintain the right-of-way used for outdoor dining during the winter months (November through February) (“winter months”), including cleaning the paved surface and ensure that all tables and seating are removed from the public sidewalks and rights-of-way during winter months.
(E) Upon issuance of a license by the city, the licensee shall:
(1) Place tables and seating only in the areas specifically designated in the license (“licensed area”);
(2) Maintain comprehensive general liability insurance, at its sole expense, to protect against all claims for personal injury, death, or property damage occurring upon, in or about the licensed area resulting from the use of occupancy thereof, with a minimum of fifty thousand dollars ($50,000.00) in coverage and limits acceptable to the city for the entire term of the license agreement and any extension thereof. The city shall be named in this policy as an additional insured entity in this insurance policy.
(3) Maintain three (3) feet of pedestrian access through the licensed area (“pedestrian easement”), which shall be shown on the map submitted in its application. Licensee shall not place or allow tables or seating to be placed in the pedestrian easement.
(4) Provide service or allow consumption of food and/or beverages to only individuals seated in the licensed area. Tables and chairs may be moved together to allow patrons to sit together so long as the pedestrian easement in the licensed area is maintained. This requirement will be strictly enforced.
(Ord. 2022-12, passed 5-3-22) Penalty, see § 116.99