Upon proper application, approval for a restaurant patio may be granted as an addition to an existing business license or as part of a new business license, upon meeting the following criteria and conditions:
A. A restaurant patio shall be operated by an adjacent restaurant maintaining a current City business license.
B. A restaurant patio shall not extend more than a combined total of twenty-five (25) feet parallel to the street beyond the sidewalls of the adjacent restaurant of which the restaurant patio is a part.
C. The property owner shall maintain all areas adjacent to and including areas where tables and chairs are located in a clean and sanitary manner, including the provision of appropriate trash receptacles. Maintenance shall include sweeping on a daily basis any adjacent right-of-way where the restaurant patio is located and the immediate clearing of any food debris, broken glass, and other trash. Materials associated with the restaurant shall be removed from the right-of-way by sweeping and picking up or vacuuming. Debris shall not be swept, washed, hosed, or blown into the adjacent streets and/or parking areas.
D. The City reserves the right to preclude the placement or use of outdoor tables or other street furniture on city property during special public events or parades where due to overcrowding, congestion, or other public safety concerns, the use or placement may create a hazard and/or interfere with the general health and safety of the public. The Police Chief or designee is authorized to place further restrictions on consumption of beer, wine, and liquor during special events or parades as deemed necessary.
E. The ratio of outdoor seats to indoor seats shall not exceed one (1) outdoor seat for each three (3) seats inside the restaurant.
In addition to subsections (A) through (E) of this section, a restaurant patio serving beer, wine, and/or liquor must meet subsections (F) through (K) of this section.
F. A necessary and valid liquor-by-the-drink license, retail beer on-premises license, and/or wine-by-the-drink license shall have already been issued or be issuable to the restaurant for consumption within the restaurant and in the outside areas as defined in the approved site plan drawing.
G. The restaurant patio shall be a bona fide restaurant and may be required to demonstrate or report to the satisfaction of the city or its designee that it has maintained at least sixty percent (60%) of gross retail sales from the sale of food and nonalcoholic beverages through reports submitted with the application for a restaurant patio on public sidewalks. Such demonstration or report shall contain copies of sales tax receipts and other documents including those prepared for the Idaho Tax Commission if required by the City.
H. Beer, wine, and/or liquor shall only be sold and consumed at a restaurant patio during the respective days and timeframes set forth in this chapter. No person other than the business owner or an employee of the business shall serve any beer, wine, or liquor consumed on-site at a restaurant patio, unless pursuant to an alcohol beverage catering permit issued by the City or a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.
I. The business owner shall be responsible for making sure guests do not leave the restaurant patio area with beer, wine, or liquor. No beer, wine, or liquor shall be authorized beyond the area described by subsection (J) of this section.
J. Temporary partitions thirty-six (36) inches in height shall be installed to clearly designate the area in which beer, wine, and liquor may be consumed. Beer, wine, and liquor shall not be consumed outside the area so designated. Temporary partitions shall receive prior approval from the public works department and shall be placed in such a manner as to not obstruct pedestrian traffic, damage the sidewalk, or constitute a safety hazard.
K. A sign shall be placed at all exits of the restaurant patio. This sign shall be at least eight and one-half (8 1/2") inches by eleven (11") inches and displayed at a height of at least five (5') feet. Said sign shall read, "It is unlawful on these premises to consume alcoholic beverages not purchased at [premises name] or to remove the same from the boundaries of this sidewalk café." (Ord. 2020-634, 10-28-2020)