A. Approval Required: Any permittee or licensee under this title or any applicant for a license or permit under this title desiring to operate an outdoor service area adjacent to and in conjunction with a licensed premises must obtain the approval of the city council and of the Iowa beer and liquor control department or its successor before commencing operation of such outdoor service area. (1978 Code §5-39)
B. Application For Permission To Operate Outdoor Service Area; Approval Or Disapproval:
1. An application for an outdoor service area shall be made upon the form provided by the city and/or the state. Such application may accompany the initial application or any renewal application for a license or permit under this title or may be submitted at any time in conjunction with an amended application for a license or permit. (1978 Code §5-40; amd. 1994 Code)
2. An application for the approval of an outdoor service area shall include all information required to be submitted with applications for beer and liquor licenses. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council. An outdoor service area shall be subject to the same annual renewal requirements as are all beer and liquor licenses. Approval by the city council of an outdoor service area shall be by application to the Iowa beer and liquor control department or its successor with regard to the diagram, dramshop insurance coverage and all other state requirements. (1978 Code §5-40)
3. Upon submitting an application for an outdoor service area, the applicant shall provide the name and address of the owner of each abutting property as well as every other property which is within one hundred feet (100') of applicant's premises. The applicant shall also post on the applicant's premises in an area readily observable to the public a sign provided by the city regarding the applicant's intent to establish or renew an outdoor service area. Such notice must be posted at least ten (10) days prior to the date and time when the application will appear on the agenda for approval by the city council. (Ord. 97-3764, 1-14-1997)
4. Approval or disapproval of an application for an outdoor service area shall be at the discretion of the city council. Such discretion shall be exercised with due regard to public health, safety and welfare considerations. In the event that there is a change of ownership, the outdoor service area use shall be permitted to continue, provided the usage is continuous. (1978 Code §5-40)
C. Regulation Of Outdoor Service Areas: The operation of an outdoor service area shall be subject to the following terms, conditions and regulations:
1. Location Restrictions:
a. An outdoor service area must be located on private property and may not encroach on the public right of way.
b. An outdoor service area shall not be located on any side of a licensed establishment which fronts on a street unless the outdoor service area is being operated in conjunction with a "restaurant" as defined in section 4-1-1 of this title.
c. An outdoor service area must be immediately adjacent to the licensed establishment of which it is a part. (Ord. 14-4596, 8-19-2014)
d. An outdoor service area may be located on a rooftop if it is in compliance with the standards of this title and the applicable standards and approval processes for rooftop service areas, as set forth in title 14, chapter 4, article C, "Accessory Uses And Buildings", of this code. Note that a special exception may be required. (Ord. 15-4642, 9-15-2015)
e. An outdoor service area is permissible in any central business zone, according to the provisions of this chapter.
f. An outdoor service area is permissible in any riverfront crossings zone in accordance with this chapter and subject to the following: (Ord. 14-4596, 8-19-2014; amd. Ord. 15-4642, 9-15-2015)
(1) For outdoor service areas located in the RFC-G zone, hours of operation are limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, or when the kitchen is closed, whichever is more restrictive. For all other RFC zones, hours of operation for outdoor service areas are limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. on Sundays through Thursdays; and seven o'clock (7:00) A.M. to twelve o'clock (12:00) midnight on Fridays and Saturdays, or when the kitchen is closed, whichever is more restrictive. However, if an outdoor service area is located within one hundred feet (100') of a residential zone, hours of operation are limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, or when the kitchen is closed, whichever is more restrictive. (Ord. 15-4642, 9-15-2015)
(2) Where the outdoor service area is within one hundred feet (100') of a residential (R) zone, the occupancy limit shall not exceed thirty (30) persons.
(3) A lighting plan for the outdoor service area must be filed with the application and approved by the city manager, or designee.
(4) The city council may impose additional conditions on the outdoor service area permit if sufficient conflicts with properties in an adjacent R (residential) zone have been identified or are to be reasonably expected.
(5) In the event that property within one hundred feet (100') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the city council without lapse, suspension or revocation. The city council may waive operation of this provision to permit continued operation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of city council authorization for the outdoor service area.
g. An outdoor service area is permissible in the CO-1, CN-1, CH-1, CI-1, and CC-2 zones, according to the provisions of this chapter and subject to the following limitations where any part of such outdoor service area is located within one hundred feet (100') of an R (residential) zone:
(1) The outdoor service area shall be operated in conjunction with a "restaurant", as defined in section 4-1-1 of this title.
(2) The outdoor service area shall only be operational while the establishment is serving food from an on premises kitchen. Outdoor service areas must be closed to all patrons by ten o'clock (10:00) P.M. or whenever the kitchen is closed, whichever is earlier.
(3) The outdoor service area occupancy limit shall not exceed thirty (30) persons.
(4) A lighting plan for the outdoor service area must be filed with the application and approved by the city manager, or designee.
(5) The city council may impose additional conditions on a permit for such an outdoor service area if sufficient conflicts with properties in the adjacent R (residential) zone have been identified or are to be reasonably expected.
(6) In the event that property within one hundred feet (100') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the city council without lapse, suspension or revocation. The city council may waive operation of this provision to permit continued operation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of city council authorization for the outdoor service area.
h. An outdoor service area located within an R (residential) zone or an MU (mixed use) zone may be allowed as a temporary use under certain circumstances set forth in title 14, chapter 4, article D of this code, and shall not be treated as a temporary outdoor service area for the purposes of this chapter. (Ord. 14-4596, 8-19-2014; amd. Ord. 15-4642, 9-15-2015)
2. Screening From Public View: Outdoor service areas are required to provide a permanent decorative fence or other suitable barrier at least three feet (3') in height but no more than eight feet (8') in height which is detectable by persons who are visually impaired.
3. Exits: Emergency exits shall comply with all building, housing and fire codes. (Ord. 05-4156, 4-19-2005)
4. Occupancy Limits: The owner or operator of an outdoor service area shall be required to observe the same per square foot occupancy limits that apply to the building which it abuts. The occupancy limit for each outdoor service area shall be determined by the city building official. In the event inclement weather requires early closing of the outdoor service area, the licensee or permittee shall not allow patrons of the outdoor service area to enter that portion of the licensed premises housed in the adjacent building if to do so would result in exceeding the occupancy limits therefor as determined by the city building official. (1978 Code §5-41; amd. 1994 Code)
5. Noise Restrictions: Compliance with the city noise ordinance shall be required. A noise mitigation plan outlining the techniques to be used to minimize the carry of noise across property boundaries shall be included with the outdoor service area application. The outdoor service area shall be designed to minimize the carry of noise outside the outdoor service area through the use of specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. The plan shall include anticipated decibel levels and note how the volume will be controlled. After an outdoor service area is established, the city reserves the right to require additional noise minimization techniques. Amplified sound shall be prohibited in outdoor service areas, except as allowed by title 14, chapter 4, articles C and D of this code. (Ord. 17-4694, 3-7-2017)
6. Advertising And Signs: Additional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted.
7. Compliance With City And State Provisions: Outdoor service areas shall comply with appropriate building, housing and fire codes and with all other applicable state and city laws. (1978 Code §5-41; amd. 1994 Code)
D. Reserved. (Ord. 05-4156, 4-19-2005)
E. Inspections: Outdoor service areas shall be subject to inspection at least annually at the same time inspection of the adjacent licensed establishment occurs. The city may, in its discretion, inspect an outdoor service area at any other time. (1978 Code §5-43)
F. Suspension Or Revocation Of Permission To Operate An Outdoor Service Area:
1. The city council may, after written notice to the licensee or permittee and after hearing, suspend or revoke authorization for the operation of an outdoor service area for any establishment when the licensee or permittee has violated or has permitted or allowed the violation of any provision of the code of Iowa, as amended, or this code pertaining to the operation of an outdoor service area or when the continued operation of the outdoor service area constitutes a threat to public health, welfare or safety or constitutes a "nuisance" as defined in title 6, chapter 1 of this code.
2. The suspension/revocation procedure shall be initiated by the police chief by the filing of an administrative hearing complaint with the city council or the department. Written notice of hearing, as well as a copy of said complaint, shall be served upon the licensee or permittee at least ten (10) calendar days prior to the date set for hearing. In the event of suspension or revocation, the city shall notify the department hearing board, pursuant to section 123.39, code of Iowa, as amended. (1978 Code §5-44; amd. 1994 Code)
3. Notwithstanding the provisions of subsections C4 and C5 of this section, the city council may order the immediate closure of an outdoor service area if it is determined that its continued operation presents a clear and imminent threat to public health, safety or welfare.
4. Suspension or revocation of authorization by the city for operation of an outdoor service area shall not affect the licensing of the principal establishment unless separate action to suspend or revoke that license/permit is also initiated. (1978 Code §5-44)