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A. Permanent Outdoor Areas: Any premises licensed under a Class A license may include an outdoor area; provided, that it meets the following restrictions:
1. The licensee shall construct and maintain on the property he owns or leases a permanent fence or wall around the outdoor area. If such fence or wall faces a public street, public alley or a residence, it shall be not less than six feet (6') tall and shall obstruct viewing into or out of the outdoor premises. Otherwise, the fence or wall shall not be less than forty inches (40") tall and need not obstruct viewing. Such fences or walls shall be set back at least six feet (6') from adjoining properties.
2. Use of the outdoor area by the public and the serving or consumption of alcoholic liquor shall terminate at the same time as the designated closing hours for a licensee holding such class of license.
3. No licensee shall operate an outdoor area during the prohibited hours of its liquor license.
4. No access to the outdoor portion of the licensed premises shall be permitted except through the permanent enclosed building or structure of the licensed premises. Emergency exits, as required, shall be provided.
B. Temporary Outdoor Areas: Any premises licensed under a Class A license may temporarily include a temporary outdoor area, provided such area meets the following restrictions and the licensee first obtains a temporary license amendment pursuant to the following:
1. The licensee shall construct and maintain on the property he owns or leases a temporary fence around the outdoor area. Such fence shall be not less than forty inches (40") tall and shall be set back at least six feet (6') from adjoining properties or public ways.
2. No access to the temporary outdoor area shall be permitted except through the permanent enclosed building or structure, or permanent outdoor area where applicable, of the licensed premises.
3. No alcoholic liquor may be sold, delivered or purchased within the temporary outdoor area, but may be consumed if purchased from the licensee.
4. Operation and use of the temporary outdoor area shall terminate at the same time as the designated hours for the licensee holding such class of license.
5. A temporary license amendment may be obtained by application to the Liquor Control Commissioner with proof of dram shop liability insurance for the additional premises and payment of the fee.
6. A temporary license amendment fee shall be fifty dollars ($50.00), and its duration shall not exceed two (2) days. (Ord. 2012-7, 12-10-2012)