The premises licensed under this subchapter may include an outdoor area provided that it meets the following restrictions.
(A) Licensed business (except restaurants and Class H liquor license holders).
(1)
The outdoor area is surrounded by a combination of the building exterior wall(s) and a permanent fence in accordance with the following:
(a) When the licensed premise property is abutting and/or across a dedicated roadway right-of-way from any residentially used or zoned property, the fence shall be solid (opaque) and no less than six feet in height.
(b) In all other situations that do not fall within division (A)(1)(a) above, the fence may be no less than four feet in height.
(c) All fencing installed must be in compliance with the provisions of § 152.033 and not obstruct any public or private access ways.
(2) Serving and consumption of alcoholic liquor shall terminate at 12:01 a.m. in the outdoor portion of the premises;
(3) No access to the outdoor portion of the licensed premises shall be permitted except through the permanent structure of the licensed premises. Emergency exits, as required, shall be provided; and
(4) Smoking in the outdoor area is prohibited as provided in § 130.126.
(B) Licensed restaurants.
(1) The construction of a permanent fence or wall no less than four feet tall or obstructing any public or private accessways;
(2) The outdoor portion of the licensed premises must be kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served as the primary monetary function of the outdoor portion of the licensed restaurant premises;
(3) Access to the outdoor portion of the licensed restaurant premises shall be through the permanent structure of the licensed premises or through a continuously supervised gate or doorway which may be secured when the outdoor portion of the licensed restaurant is closed or when adequate continuous supervision of the gate or doorway is not available. Emergency exits, as required, shall be provided; and
(4) Smoking in the outdoor area is prohibited as provided in § 130.126.
(C) Class H Liquor License.
(1) The construction of a permanent fence or wall no less than four feet tall or obstructing any public or private accessways;
(2) Serving and consumption of alcoholic liquor shall terminate at 12:01 a.m. in the outdoor portion of the premises;
(3) Access to the outdoor portion of the licensed premises shall be through the permanent structure of the licensed premises or through a continuously supervised gate or doorway, which may be secured when the outdoor portion of the licensed premises is closed or when adequate continuous supervision of the gate or doorway is not available. Emergency exists, as required, shall be provided; and
(4) Smoking in the outdoor area is prohibited as provided in § 130.126.
(1990 Code, § 3-61) (Ord. 84-940, passed 4-18-1984; Ord. 88-1256, passed 11-21-1988; Ord. 04-3045, passed 5-17-2004; Ord. 10-3298, passed 6-21-2010; Ord. 17-3558, passed 10-16-2017; Ord. 21-3645, passed 9-20-2021)