(A) Unless exempted by the following provisions of this chapter and by permission of the Administrator, patio areas must comply with the screening requirements of this chapter. Sidewalk café seating areas must comply with this chapter and with local zoning ordinance and other public safety requirements noted in this chapter or in other provisions of local ordinance, statute or regulation.
(B) Exception to screening requirement for outdoor sales and service of alcoholic beverages in the case of permitted sidewalk cafés in the Central Business District.
(1) Licensees in the Central Business District may request an exception from this [outdoor screening of patio] provision to permit seasonal sidewalk cafes that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted sidewalk cafes, they shall be deemed part of the licensed premises.
(2) Any food establishment which operates a restaurant and is licensed under this chapter and the provisions of the state ABC code, may, upon application to the Administrator, ask permission to expand 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.
(3) The Administrator may issue the permit if he/she finds that (a) the applicant is licensed under this chapter and the ABC Code for the Commonwealth of Kentucky, (b) the applicant is in compliance with all conditions and restrictions of said license, (c) 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, and (d) also finds that the issuance of the permit would not result in any significant adverse land use impacts.
(C) Conditions for sidewalk café permit. The issuance of a permit shall be subject to the following conditions and restrictions; provided, however, that the Administrator may without adverse hearing procedures impose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk café where necessary in the judgment of the said Administrator to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing:
(1) No sidewalk café shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of thirty-six (36) inches must be maintained on the public sidewalk at all times. The sidewalk café shall not be permitted in any manner to obstruct the entrance/exit to the restaurant.
(2) Umbrellas, tables, chairs, and other portable appurtenances shall be confined to the area shown on the approved permit. While such café is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
(3) The use of a portion of the public sidewalk as a sidewalk café shall not be an exclusive use. All public improvements, including but not limited to, trees, light poles, traffic signals, pull boxes or manholes, or any public-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times.
(4) The licensee shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously or apparently intoxicated.
(5) No disposable cups or drinking vessels may be used and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests.
(6) No amplified sound shall be used within a sidewalk café. At no time shall any music originating from any part of the Premises create a nuisance;
(7) Dancing shall not be permitted or allowed in the sidewalk café;
(8) The licensee must at all times comply with all federal, state and local laws regarding the sale, service and consumption of alcohol and the operation of the premises;
(9) The permit for sidewalk café may not be assigned or transferred.
(D) Other requirements applicable to sidewalk cafés. No sidewalk café permit shall be effective unless the licensee has filed with the Administrator evidence of insurance insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk café in an amount to be established by the Administrator. The city shall be named an additional insured in the policy, providing such insurance and such policy shall further provide that it may not be canceled except upon ten (10) day’s written notice (or more) filed with the Administrator.
(Ord. 805-2016, passed 3-1-16) Penalty, see § 118.999