(A) Generally. Upon the initial application for an alcoholic beverage license, the City ABC Administrator shall not grant the license under this chapter to any applicant until the applicant and the applicant’s place of business have been approved by the County Board of Health and the city’s Fire and Rescue Department. Upon renewal of an alcoholic beverage license, the requirement of approval by the Board of Health and Fire and Rescue Department before issuance will be waived if the applicant’s business has been approved by the Board of Health and Fire and Rescue Department during the prior licensing period.
(B) Patio and outdoor sales.
(1) Patio and outdoor sales of alcoholic beverages shall be permitted only on premises licensed for sales of alcoholic beverages by the drink.
(a) No licensee shall offer alcoholic beverages for sale in a patio or outdoor area of the licensee’s premises except in a clearly defined patio or outdoor area that is enclosed by a fence or other screening, not less than four feet in height. All outdoor areas and screening shall be subject to the approval of the City ABC Administrator. An exception to this restriction may be granted for seasonal sidewalk cafés, upon application to and authorization from the ABC City Administrator. The permission to operate a sidewalk café shall be governed by the provisions of this chapter and shall be subject to the regulation of local zoning authorities as well as code enforcement and public safety officers.
(b) No licensee shall offer patio or outdoor sales of alcoholic beverages unless the patio or outdoor area and fencing or screening area shall have been approved in advance by the ABC Administrator.
(c) Unless exempted by the following provisions of this chapter, and by permission of the City ABC Administrator, patio areas must comply with the screening requirements of this chapter. Sidewalk café seating areas must comply with this chapter and with local zoning laws and other public safety requirements noted in this chapter, or in other local ordinances, statutes or regulations.
(2) Exception to screening requirement for outdoor sales and service of alcoholic beverages, specifically, permitted sidewalk cafés in the city’s downtown business area:
(a) Licensees in the downtown business district/area may request an exception from the outdoor screening of patio provision in order to permit seasonal sidewalk cafés that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted sidewalk cafés, they shall be deemed part of the licensed premises; and
(b) Any food establishment which operates a restaurant and is licensed under this chapter and the provisions of the State ABC Code, may, upon application to the City ABC Administrator, ask permission to expand the operation of that restaurant onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereinafter referred to as “sidewalk café”). Licensees who do not serve food shall not be eligible to apply for a sidewalk café permit.
(3) Conditions for sidewalk café permit: the issuance of a permit shall be subject to the following conditions and restrictions.
(a) No sidewalk café shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of 36 inches must be maintained on the public sidewalk at all times. The sidewalk café shall not be permitted in any manner to obstruct the entrance/exit to the restaurant.
(b) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk café during any period when the sidewalk café is not open and being operated. Tables, chairs and other portable appurtenances shall be confined to the area named or shown on the approved permit. While such café is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
(c) The use of a portion of the public sidewalk as a sidewalk café shall not be an exclusive use. All public improvements, including, but not limited to, trees, light poles, traffic signals, pull boxes or manholes or any public-initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. Further, the city may require the licensee to enter into an agreement to use the public sidewalk in exchange for monetary consideration.
(d) The licensee shall, in addition to all other requirements of law, take reasonable steps to ensure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously or apparently intoxicated.
(e) No disposable cups or drinking vessels may be used and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests.
(f) At no time shall any music originating from any part of the premises create a nuisance.
(g) The licensee must at all times comply with all federal, state and local laws regarding the sale, service and consumption of alcohol and the operation of the premises.
(h) The permit for sidewalk café may not be assigned or transferred.
(4) Other requirements applicable to sidewalk cafés: no sidewalk café permit shall be effective unless the licensee has filed with the ABC Administrator evidence of insurance, insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk café. The insurance shall be in an amount of coverage that is a minimum of $500,000 per person for bodily injury, and a minimum of $1,000,000 per occurrence for property damage. The city shall be named an additional insured in the policy required. Such insurance policy shall further provide expressly that it may not be canceled except upon ten days’ written notice filed with the ABC Administrator and the City Attorney.
(C) Seating. Only permanent seating (excluding bar-type stools, patio seating or temporary chairs available as needed) satisfies the seating thresholds that are set by state law.
(Ord. 11-2012, passed 9-4-2012) Penalty, see § 117.99