(A) Application. The holder of a sidewalk café permit under Ch. 122 that also holds a Class “A”, “B”, or “D” liquor license for the building immediately adjacent to a permitted sidewalk café permit may make application to the Liquor Control Commissioner to allow liquor to be served in the permitted sidewalk café area. An application for a sidewalk café supplemental liquor license shall be made similar to the application for a Class “E” Beer Garden Supplemental License and must include proof of issuance of a sidewalk café permit.
(B) Conditions for operation. The applicant for a sidewalk cade supplemental liquor license shall comply with the following conditions for operation:
(1) The sidewalk café area shall be particularly described and adjacent to, and operated as part of, the premises licensed to sell beer or alcoholic beverages for consumption on the premises.
(2) The serving of any liquor shall be limited to the consumption of such while a customer is consuming food at the sidewalk café. No liquor shall be served to a customer unless the customer is consuming food. No person shall be allowed to consume liquor other than such purchased at the premises. No customer shall be allowed to leave the sidewalk café area with liquor purchased for consumption at the sidewalk café.
(3) No liquor shall be served in any glass container.
(4) The licensee shall be responsible for assuring compliance with the above requirements, requirements for the application of a sidewalk café, and general compliance by customers with this Code and criminal statutes.
(5) The sidewalk café supplemental liquor license shall automatically terminate upon the termination of the required sidewalk café permit. A liquor control hearing shall be conducted for all other violations.
(C) Applicant shall provide proof of liquor liability (dramshop) insurance for the sidewalk café, in no less than statutory amounts and the insurance shall name the city as an additional insured on a primary, non-contributory basis.
(D) All licenses issued under this section shall run concurrently with the applicant’s liquor license and shall require an annual fee of $25.
(E) A sidewalk café supplemental liquor license shall be for the exclusive use of the licensed premises and cannot be assigned.
(Ord. 1482, passed 6-6-12; Am. Ord. 1490, passed 7-18-12)