(A) Beverage and food containers. Beverages or food shall only be served in plastic or paper containers. No glass is allowed in the sidewalk café.
(B) Alcoholic liquor. A permit holder shall not serve, sell, or allow the consumption of any alcoholic liquor at a sidewalk café unless an additional license for such has been approved according to § 112.49 of this Code.
(C) Outside food. Only food prepared and served by the retail food establishment may be consumed at the sidewalk café. Food must be prepared in the principal building, not outside.
(D) Improvements. The only improvements allowed in a sidewalk café area shall be any existing fencing, tables, seating and garbage disposal.
(E) Noise or other nuisance. A permit holder shall not allow garbage or other objects outside of the designated sidewalk café area and shall remove any patron violating any ordinance of the city. The permit holder shall be responsible for the clearing of tables and debris within a reasonable amount of time. A permit holder shall not allow music or noise at a level which subjects any person in the city to a noise level that disturbs, impairs, or adversely affects the comfort, health, or safety of another within the city. The following are standards that may be considered in determining a noise violation under this chapter:
(1) The level of the noise.
(2) If the noise is usual or unusual to the surrounding area.
(3) If the noise is a natural occurrence or an unnatural occurrence.
(4) The background noise judging by level and intensity.
(5) The origin of the noise in relation to residential areas.
(6) The zoning and character of the surrounding area.
(7) The population density of the area from which the noise emanates.
(8) The time, nature, and frequency of the noise.
(9) The number and frequency of complaints.
(Ord. 1481, passed 6-6-12)