(A) Notwithstanding any other ordinance provision to the contrary, the holder of an “on-sale” license for premises which is located in the B-1 Zoning District of the City, may apply for a temporary expansion of the licensed premises permit to allow sale and possession of alcoholic beverages on public sidewalks directly adjacent and contiguous to the permanently licensed premises.
(B) The City Council may grant such a permit on the terms and conditions specified in this section, and such other terms and conditions as the City Council may determine are necessary or advisable to protect the public health, safety and welfare. Applications shall be subject to the following requirements and procedures.
(1) Application for temporary expansion area. Application for a temporary expansion of the licensed premises shall be made on forms provided by the City and shall contain the following information, and such other information as the Council may require from time to time:
(a) The names, addresses and telephone numbers of the license holders, the owner of the premises and the manager of the licensed establishment;
(b) A specific description and diagram of the area in which the temporary expansion activity is to occur. The description and diagram must include dimensions, barriers proposed to be used, ingress and egress arrangements, seating capacity and other relevant information;
(c) The purpose for which the temporary expansion is sought and a description of planned activities, including food and beverage service, security plans (including lighting, sanitation, liquor control and the like) and days and hours of operation;
(d) A detailed description of the methods that the licensee will use to ensure that consumption of alcoholic beverages is restricted to the licensed premises and the temporary expansion area and that alcoholic beverages are not removed from those areas; and
(e) Such other information as the City may deem necessary.
(2) Conditions - temporary expansion area. Approval of an application may be made subject to any appropriate restrictions or conditions, which may vary from establishment to establishment depending on the circumstances. As a minimum, the following restrictions and conditions shall apply.
(a) The temporary expansion area located on the public sidewalk must be immediately at the front of an establishment and not encroach on the sidewalk of any neighboring premises.
(b) Hours of operation shall be limited to between 11:00 a.m. and 10:00 p.m., subject to other limitations of the underlying on-sale license and subject to any greater restrictions which the City Council may determine should apply to a temporary expansion area due to its particular circumstances.
(c) The City Council may determine the specific days of operation which shall be specified in the permit. Sale or possession of alcoholic beverages within the temporary expansion area shall only be permitted between May 1 and October 1.
(d) Service of alcoholic beverages shall be only at tables and limited to the approved seating capacity in the temporary expansion area. Food service shall be available in the temporary expansion area during all hours of operation.
(e) The City Council may specify the type of beverage containers which may be used in a temporary expansion area, and may require a specific type and number of refuse containers to be provided within the area.
(f) An approved temporary barrier at least 30 inches in height shall be placed at the line of the temporary expansion area which adjoins any other neighboring premises, during the hours of operation.
(g) The licensee shall have submitted adequate plans addressing liquor control and other public safety concerns, and shall comply with all such plans which are approved by the City when the permit is issued under this section, at all times.
(h) At least four feet of sidewalk must be maintained outside the temporary expansion area for barrier free (including wheelchair accessible) pedestrian traffic.
(i) All temporary barriers, tables and chairs, and other property of the licensee shall be removed from any public sidewalk within the temporary expansion area at all times other than the hours of operation.
(j) The licensee shall be responsible for picking up trash and litter generated in the operation of the temporary expansion area and within a reasonable distance (minimum of 20 feet) from the area.
(k) All applicable liquor laws shall be strictly observed by the licensee and his or her employees.
(l) The licensee shall maintain general liability insurance expressly covering any temporary expansion area which is on public property or sidewalks, with the minimum of $500,000 combined single limit, and shall name the City as an additional insured thereon. The licensee shall provide proof of the insurance to the City prior to the issuance of any permit under this section, and from time to time upon reasonable request of the City.
(m) Issuance of the permit under this section shall indicate that the licensee has agreed to defend, indemnify and hold the City, its officers, employees and agents, harmless from any claims, damages, losses, costs and expenses which may arise as a result of the use of temporary expansion area by the licensee and his or her employees, agents and customers. Additionally, the licensee shall be responsible for the cost of any clean-up required by reason of the use, whether within or outside the temporary expansion area, which may be incurred by the City. The City shall have a lien against the licensed premises for any such claim, damage, loss, cost or expense which is paid by the City.
(n) The licensee shall post notice to all patrons that they must remain within the temporary expansion area while possessing or consuming any alcoholic beverages. The notice shall also advise patrons that they are subject to citation by the City if they leave the temporary expansion area with any alcoholic beverage.
(3) Violation. In addition to any other penalties which may be available under the general liquor ordinances, and regardless of any other limitations or sanctions which may be imposed by the City, any violation of this section, or of a material term or condition of a permit issued hereunder, or any applicable liquor law or ordinance, shall be cause for the immediate suspension of a temporary expansion permit by the City’s Police Department, subject to review by the City Council at its next regular meeting upon request by the licensee. If the City Council finds that a material violation of this section, or of a material term or condition of a permit issued hereunder, or of any other applicable liquor law or ordinance has occurred, the City Council may suspend or revoke a temporary expansion permit in its sole discretion.
(Ord. 2011-02, passed 8-22-2011)