Notwithstanding the provisions of Chapter 115, alcoholic beverages may be served at sidewalk cafes provided the following requirements are met.
(A) The sidewalk cafe shall be part of a standard Restaurant as that term is defined in § 118.02, and shall otherwise be authorized, permitted or licensed under state laws and the city code to serve and sell alcoholic beverages for on-premise consumption.
(B) The portion of the sidewalk café where alcohol is or may be served shall be enclosed by clearly visible barricades as specified in Section 8.0 Sidewalk and Outdoor Dining and Outdoor Display section of the adopted Design Guidelines for Downtown Goldsboro.
(C) The sidewalk café must be included as part of the premises for which an ABC permit is issued pursuant to G.S. § 18B-101 for the purpose of applying and enforcing state laws regarding the sale and consumption of alcoholic beverages.
(D) Signs shall be posted, visible at all exit points from the sidewalk café, that it is unlawful to remove alcoholic beverages in open or unsealed containers from the premises.
(E) The restaurant operator shall not have violated any law, regulation or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk café.
(Ord. 2008-41, passed 4-21-08; Am. Ord. 2016-42, passed 8-15-16)
Cross-reference:
Alcoholic beverage permits, see Chapter 115