(A) The Town of Elkin shall allow areas of town sidewalks to be used by restaurants to serve patrons outside in areas immediately adjoining the restaurant property ("sidewalk cafes") pursuant to the requirements of this chapter.
SIDEWALK CAFES
are defined as an extension of a business beyond the building's exterior walls, onto sidewalks in front of, or in alleyways or property behind, their business. There are two types of sidewalk cafes permitted:
(1) A cafe with tables and chairs for food service without alcohol, or outside seating purposes only. No permits are required for a business that will not be providing alcoholic beverages, however a one-time application to approve a sidewalk cafe not selling alcohol must be submitted and approved, and the regulations in § 114.02 below must be met at all times.
(2) A cafe with tables and chairs for food service allowing for service of alcoholic beverages outside in approved, designated locations that are partitioned off for alcoholic beverage service. Restaurants, cafes, and businesses that wish to open a sidewalk cafe with alcohol must submit an application, be approved, and pay to the town an annual permit fee. Regulations in §§ 114.02 and 114.03 below must be met at all times as well as special alcohol and late night food service hours.
(B) Alcohol served outside on the restaurant's private property is not controlled by town ordinances and do not require a permit. However, all Alcohol Beverage Control (ABC) rules and regulations shall apply, as well as The Americans With Disabilities Act (ADA) requirements.
(C) No business owner may operate a sidewalk cafe or serve alcohol on public sidewalks, parking lots or alleyways, without first submitting an application for a sidewalk cafe. Approval of the application and/or a permit may take up to 60 business days. All fees for the alcohol permit must be paid in full before the permit will be issued.
(D) Permits will be issued each year and will expire on June 30 of the following year. If a permitted business operation/ sidewalk cafe is discontinued, no refund of the permit fee shall be made. Permits issued pursuant to this section shall not be transferable or assignable. Permits may prohibit operation during special events and contain other conditions and restrictions as may be necessary to protect the public health, safety and welfare. In accordance with the town's Schedule of Fees, an annual fee will cover the costs of processing and issuing the Sidewalk Cafe Permit each year. An existing permit must be renewed prior to July 1 each year to continue alcohol sales.
(Ord. eff. 5-12-2014)