§ 119.25  PATIO AND OUTDOOR SALES.
   (A)   Patio and outdoor sales regulations. Patio and outdoor sales of alcoholic beverages shall be permitted only on premises licensed for sales of alcoholic beverages by the drink.
   (B)   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 three 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 cafes, upon application to and authorization from the ABC City Administrator. The permission to operate a sidewalk cafe shall be governed by the provisions of this article and shall be subject to the regulation of local zoning authorities as well as codes enforcement and public safety officers.
   (C)   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.
   (D)   Unless exempted by the following provisions of this subchapter, and by permission of the City ABC Administrator, patio areas must comply with the screening requirements of this subchapter. Sidewalk cafe seating areas must comply with this subchapter and with local zoning laws and other public safety requirements noted in this subchapter, or in other local ordinances, statutes or regulations.
      (1)   Exception(s) to screening requirements for outdoor sales and service of alcoholic beverages, specifically, permitted sidewalk cafes 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 cafes that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted sidewalk cafes, they shall be deemed part of the licensed premises.
         (b)   Any food establishment which operates a restaurant and is licensed under this subchapter and the provisions of the state ABC code, may, upon application to the local 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.
   (E)   Conditions for sidewalk café permit. The issuance of a permit shall be subject to the following conditions and restrictions; provided, however, that the ABC Administrator may without adverse hearing procedures impose additional reasonable restrictions or withdraw approval upon the operation of any sidewalk café where necessary in the judgment of the said Administrator to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing:
      (1)   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.
      (2)   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. They shall be removed at the end of each business day at the hour specified in the permit. Umbrellas, tables, chairs, and other portable appurtenances shall be confined to the area shown on the approved Permit. While such café is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
      (3)   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.
      (4)   The licensee shall, in addition to all other requirements of law, take reasonable steps to insure 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.
      (5)   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.
      (6)   No amplified sound shall be used within a sidewalk café. At no time shall any music originating from any part of the premises create a nuisance.
      (7)   Dancing shall not be permitted or allowed in the sidewalk café;
      (8)   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:
      (9)   The permit for sidewalk café may not be assigned or transferred.
      (10)   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, in an amount to be established by the City Attorney and the city’s Safety Coordinator. 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 day’s written notice for more) filed with the ABC Administrator and the City Attorney.
(Ord. 2016-15, passed 9-29-16)