No permit for the operation of a sidewalk café or alcohol beverage consumption area may be issued unless the application is complete and unless the following requirements are met:
(A) The sidewalk café or alcohol beverage consumption area must be associated with an operating restaurant or place of entertainment with ABC permit such that it is under the same management and shares the same food preparation facilities, restroom facilities and other customer convenience facilities as the restaurant or place of entertainment with ABC permit. The sidewalk café or alcohol beverage consumption area must operate under the same name as the restaurant and may not be open or be operated at any time when the restaurant or place of entertainment with ABC permit is not open for business.
(B) The operation of the sidewalk café or alcohol beverage consumption area must be clearly incidental to the associated restaurant or place of entertainment with ABC permit business. The seating capacity of the sidewalk café may not constitute more than 50% of the total seating capacity of the associated restaurant. The seating capacity of an alcohol beverage consumption area may not exceed 10% of the maximum building capacity based off North Carolina Building Code occupancy requirements. For example, if the building has a capacity of 100 people, there shall be no more than ten outdoor seats located within the alcohol beverage consumption area.
(C) The placement of tables, chairs or other furnishings as shown in the drawing submitted with the site plan must be done in such a manner that complies with Section 8.0 Sidewalk and Outdoor Dining and Outdoor Display section of the adopted Design Guidelines for Downtown Goldsboro.
(D) The restaurant or place of entertainment with ABC permit seeking to operate the sidewalk café or alcohol beverage consumption area must front on and open onto the sidewalk or pedestrian way proposed for the sidewalk café or alcohol beverage consumption area. The placement of tables, chairs and other furnishings may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant or place of entertainment with ABC permit unless approved by the City Council acting as the Board of Adjustment in the special use permit process. The tables must be contained within visible barricades.
(E) The tables, chairs and other furnishings used in the sidewalk café or alcohol beverage consumption area shall be of a type that is easily movable.
(F) Except as elsewhere permitted, the operation or furnishing of the sidewalk café or alcohol beverage consumption area shall involve no permanent alteration to or encroachment upon any street, sidewalk, or pedestrian way or to the exterior of the associated restaurant or place of entertainment with ABC permit.
(G) There shall be adequate lighting available in the area of the café or alcohol beverage consumption area for safety of the patrons and public use of the sidewalk. If adequate public lighting is not available, the restaurant or place of entertainment with ABC permit must provide additional lighting.
(Ord. 2008-41, passed 4-21-08; Am. Ord. 2016-42, passed 8-15-16; Am. Ord. 2023-51, passed 9-5-23)