(A) Patio and outdoor sales of alcoholic beverages shall be permitted only on premises licensed for sales of alcoholic beverages by the drink.
(B) No licensee shall offer alcoholic beverages for sale in a patio or outdoor area of the licensee’s premises except in a clearly defined patio or outdoor area that is enclosed by a fence or other screening, not less than four (4) feet in height. All outdoor areas and screening shall be subject to the approval of the Local ABC Administrator. An exception to this restriction may be granted for seasonal sidewalk cafes, upon application to and authorization from the ABC Local Administrator. The permission to operate a sidewalk café shall be governed by the provisions of this subchapter and shall be subject to the regulation of local zoning authorities as well as codes enforcement and public safety officers.
(C) No licensee shall offer patio or outdoor sales of alcoholic beverages unless the patio or outdoor area and fencing or screening area shall have been approved in advance by the ABC Administrator.
(D) Unless exempted by the following provisions of this chapter and by permission of the Local ABC Administrator, patio areas must comply with the screening requirements of this chapter. Sidewalk café seating areas must comply with this chapter and with local zoning chapter and other public safety requirements noted in this chapter or in other provisions of local ordinance, statute or regulation.
(Ord. 12-20-21, passed 12-17-20)