(A) The sidewalk cafe area serving alcohol must comply with all requirements of the North Carolina ABC Commission, including but not limited to the requirement that the area that contains tables, chairs, umbrellas and such for serving patrons must be confined to an area designated with a "boundary apparatus" or barrier that clearly defines the area within which alcohol must be contained. Barriers that enclose the sidewalk cafe cannot be relocated to accommodate extended areas of service not provided on the original site plan. However, changes for the site plan can be submitted for approval to the Town throughout the year.
(B) The style of barrier or boundary apparatus must be approved. Plans and example photos should be attached with the permit application.
(C) Alcoholic beverages may be served in approved sidewalk cafes, provided that the cafe shall be part of a restaurant business and shall otherwise be authorized, permitted or licensed under North Carolina law to serve and sell alcoholic beverages for "on-premises" consumption. If an adjacent property is owned by the same building owner, service may be extended in front of the adjacent property with the approval of the town. Provided, however, the business address of the adjacent property must be included in the restaurant's "on premises" ABC license and insurance coverage. The business owner must show proof of this coverage.
(D) Copies of all permits and licenses issued by the county, state or the town, including health department, ABC permits, and business licenses, necessary for the operation of the business, must be on file with the town.
(E) Signs shall be posted, visible at all exit points from the sidewalk cafe, that it is unlawful to remove alcoholic beverages from the premises. Signs must be approved by the Town Planning Director (for more information, call 336-794-6467) before purchasing and installing.
(F) No outdoor bar is allowed within the sidewalk cafe, nor shall outdoor preparation of alcoholic beverages be permitted.
(G) The permit applicant shall provide to the town proof of insurance policy, issued by an insurance company licensed to do business in the state, protecting the permittee and the town from all claims for damages to property and bodily injury, including death, which may arise from operation under or in connection with the permit. The insurance shall name the town as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date, without 30 days advance written notice to the town. The insurance shall afford minimum limits of $1,000,000 aggregate annually. In addition to the aforesaid general liability coverage provided by the permittee on behalf of the town, the permittee shall also offer proof of a liquor liability policy or endorsement issued by an insurance company licensed to do business in the state, which protects the permittee and the town from all claims for damages to property or bodily injury, including death, which may arise from operation under or in connection with the permittee (and specifically for the sale and consumption of alcoholic beverages as authorized by this chapter). This liquor liability policy or endorsement shall name the town as additional insured and shall provide that the policy or endorsement shall not terminate or be canceled prior to the expiration date, without 30 days written notice to the town. The liquor liability insurance policy or endorsement shall afford minimum limits of $1,000,000 aggregate annually.
(Ord. eff. 5-12-2014)