(A) The operation of an outdoor dining area pursuant to a permit granted under this subchapter shall comply with the Americans with Disabilities Act, all provisions of state and local building and fire codes, as well as all state and local health laws and regulations regarding the service and preparation of food. The operations of an outdoor dining area shall also be conducted in accordance with the code provisions and regulations of the West Virginia Alcoholic Beverage Control Administration (WVABCA). Nothing in this subchapter shall be intended to alter or abridge any applicable federal, state, and local laws or the operator’s responsibility to comply with all code provisions and regulations of the WVABCA.
(B) Nothing in this subchapter shall be intended to alter or abridge the prohibition of service of alcoholic beverages or possession thereof on public property in the city, except that any permitted outdoor dining area operator and patrons of permitted operator’s outdoor dining area shall be deemed to be exempt from this prohibition during the hours of operation of the outdoor dining area and only within the confines of said area.
(Ord. 300, passed 7-28-2022) Penalty, see § 93.999