(A) Patio and outdoor sales regulations.
(1) Patio and outdoor sales of alcoholic beverages shall be permitted only on premises licensed for sales of alcoholic beverages by the drink.
(2) 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, and which area shall have been approved in advance by the ABC administrator, and this includes a seasonal and temporary sidewalk café.
(3) Seasonal and temporary sidewalk cafes offering alcohol beverages for sale shall be permitted upon application to and authorization from the ABC City Administrator. The permission to operate a sidewalk cafe shall be governed by the provisions of this article and shall be subject to the regulation of local zoning authorities as well as codes enforcement and public safety officers.
(B) Permitted sidewalk cafes in the city's downtown business area.
(1) Licensees in the downtown business district/area may request permission from the ABC Administrator to have seasonal and temporary sidewalk cafes that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted sidewalk cafes, they shall be deemed part of the licensed premises. A sidewalk cafe permit is deemed seasonal and temporary' in that licensee with a sidewalk permit shall not place tables and seating on public sidewalks on a continuous basis from November 1 through February 28; however, tables and seating may be placed intermittently during this period if appropriate weather occurs.
(2) 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 local 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 cafe"). Licensees who do not serve food shall not be eligible to apply for a sidewalk cafe permit. A sidewalk cafe permit shall be valid for not more than 12 months at a time, but may be renewed upon the submission of anew application.
(3) The local ABC Administrator may issue the permit if he or she finds that:
(a) The applicant is licensed under this chapter and the ABC Code for the Commonwealth of Kentucky;
(b) The applicant is in compliance with all conditions and restrictions of said license;
(c) 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, in addition to a kitchen license issued by the Barren County Health Department; and
(d) Also finds that the issuance of the permit would not result in any significant adverse land use impacts.
(C) Conditions for sidewalk café permit. The issuance of a sidewalk cafe permit shall be subject to the following conditions and restrictions, provided, however, that the ABC Administrator may without adverse hearing procedures impose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk café where necessary in the judgment of the said Administrator to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing. Specifically, the permit may be revoked by the ABC Administrator if the conditions listed below are violated or upon the violation of a federal, state or city law. The permit will also be revoked if the food establishment has two or more violations of the nuisance ordinance found in the city of Glasgow's Code of Ordinances. If the permit is revoked, the owner of the food establishment shall not be eligible to reapply until one year has passed from the date of the permit revocation.
(1) No sidewalk café shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of 36 inches must be maintained on the public sidewalk at all times. The sidewalk café shall not be permitted in any manner to obstruct the entrance/exit to the restaurant.
(2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk café during any period when the sidewalk café is not open and being operated. They shall be removed at the end of each business day at the hour specified in the permit. Umbrellas, tables, chairs, and other portable appurtenances shall be confined to the area shown on the approved permit. While such café is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
(3) The use of a portion of the public sidewalk as a sidewalk café shall not be an exclusive use. All public improvements, including but not limited to, trees, light poles, traffic signals, pull boxes or manholes, or any public-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times.
(4) The licensee shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously or apparently intoxicated.
(5) No disposable cups or drinking vessels may be used and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests.
(6) At no time shall any music originating from any part of the premises create a nuisance.
(7) Dancing shall not be permitted or allowed in the sidewalk café.
(8) The licensee must at all times comply with all federal, state and local laws regarding the sale, service and consumption of alcohol and the operation of the premises
(9) The permit for sidewalk cafe may not be assigned or transferred.
(D) Other requirements applicable to sidewalk cafes. No sidewalk cafe permit shall be effective unless the licensee has filed with the local ABC Administrator evidence of insurance, insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk cafe, in an amount to be established by the local ABC Administrator. The city shall be named an additional insured in the policy required. Such insurance policy shall further provide expressly that it may not be canceled except upon ten day's written notice (or more) filed with the ABC Administrator.
(Ord. 2016-2892, passed 11-28-2016)