Notwithstanding any other provisions of this code, alcoholic beverages may be served in approved sidewalk cafés provided that the following requirements are met.
(A) The sidewalk café shall be part of a business and shall otherwise be authorized, permitted or licensed under the state law and this code to serve and sell alcoholic beverages for on-premises consumption.
(B) The sidewalk café must be included as part of the premises for which an ABC permit is issued pursuant to state law, for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.
(C) Signs shall be posted, visible at all exit points from the sidewalk café, that it is unlawful to remove alcoholic beverages from the premises.
(D) The business operator shall not have violated any law, regulation or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk café.
(E) No outdoor bar is allowed within the sidewalk café, nor shall outdoor preparation of alcoholic beverages be permitted, except that unfortified wine may be decanted or beer poured at a table.
(F) Any alcoholic beverages served and consumed at an approved sidewalk café must be served and consumed in glasses or cups which bear no markings other than the logo or the name of the business operating the sidewalk café.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99