(A) Licensees in the Downtown Business District may request an exception from this outdoor screening of patio provision to permit seasonal sidewalk cafes that serve food and alcoholic beverages as an adjunct to the primary and adjacent licenses premises. In the case of permitted sidewalk cafes, they shall be deemed part of the licensed premises.
(B) Any food establishment which operates a restaurant and is licensed under this chapter and the provisions of the state ABC code may upon application to the City ABC Administrator ask permission to expand the operation of that restaurant onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereinafter referred to as “sidewalk café”). Licensees who do not serve food shall not be eligible to apply for a sidewalk café permit.
(C) The City ABC Administrator may issue the permit if he or she finds that:
(1) The applicant is licensed under this chapter and the ABC Code for the Commonwealth of Kentucky;
(2) The applicant is in compliance with all conditions and restrictions of said license;
(3) The applicant has all necessary building and use permits, including certification of the Zoning Administrator that the sidewalk café is permitted at the premises location, as well as a lease from the city to use the sidewalk duly approved by the City Commission; and
(4) Also finds that the issuance of the permit would not result in any significant adverse land use impacts.
(Ord. 220.500-09-2012, passed 9-10-2012) Penalty, see § 111.999