(A) The outdoor dining area shall be located adjacent to the property of an existing and lawful establishment of a permitted operator and shall be under the responsible direction and control of that operator.
(B) The outdoor dining area may be open to patrons between the hours of 6:00 a.m. and 11:00 p.m. daily. In the event a permitted operator intends to serve any beverage regulated by the WVABCA in an outdoor dining area, all code provisions and regulations of the WVABCA regarding permitted days and hours of service shall be followed.
(C) All furniture or other personal property located on the public sidewalk/right-of-way by operator must be readily removable without damage to the surface of public sidewalk/right-of-way. Penetrations into or permanent fixtures placed upon the public sidewalk/right-of-way by operator are strictly prohibited.
(D) The Zoning Officer shall have the authority to determine when furniture, personal property and associated enclosures must be removed from the public sidewalk/right-of-way.
(E) At least 42 inches of unobstructed corridor space must be maintained between the outer dimension of the outside dining area and the curb or nearest obstruction, in order to ensure a clear pedestrian passageway along the sidewalk. In order to achieve a continuous pedestrian walkway, the pedestrian passageway shall be a straight line, parallel to the building face or curb line, for the entire length of the outdoor dining area.
(F) An unobstructed clearance of 42 inches, must be maintained between a fire hydrant and any furniture or enclosures of an outdoor dining area.
(G) The outdoor dining area must be kept sanitary, neat, and clean at all times and shall be free from the accumulation of food and litter.
(H) In order to control litter, the use of disposable plates and utensils is discouraged.
(I) Noise from an outdoor dining area which unreasonably disturbs neighboring commercial or residential occupants is prohibited.
(J) In order to serve any beverage regulated by the WVABCA in an outdoor dining area, the designated area must be included in the floor plan for the licensed premises as approved by the WVABCA. Any beverage regulated by the WVABCA shall be served and consumed only on the enclosed or bounded portion of the public sidewalk designated and permitted by the city as an outdoor dining area. Patrons are not permitted to carry any beverage regulated by the WVABCA out of the outdoor dining area.
(Ord. 300, passed 7-28-2022) Penalty, see § 93.999