Upon approval of application and payment of application fees as set forth in §§ 114.17 and 114.18, a Class R restaurant license holder may operate an outdoor café where alcohol may be served.  The liquor licensee shall:
   (A)   Not allow or permit any customer, employee or other person to remove alcoholic liquor from the area designated in the outdoor café permit or the service premises of the licensee.
   (B)   Not serve, allow or permit any person to be served, be in possession of, or consume alcoholic liquor in the area designated in the outdoor café permit unless that person is utilizing the seating which has been approved in accordance with the site plan approved with the outdoor café permit.
   (C)   Provide table service, which shall include food service, in the outdoor café area during the hours when alcoholic liquor is permitted to be served.
   (D)   The outdoor café area shall be subject to all provisions of this chapter and § 99.55 as though the outdoor café was part of the licensee's service premises during the times permitted by this section for alcoholic liquor sales.
   (E)   Prior to issuance of an Outdoor Café Liquor Permit the licensee shall provide proof of dram shop insurance.  The policy shall name the city as an additional insured and will indemnify and hold it harmless from any action, proceeding or claim of liability asserted against it as a result of the operation of an outdoor café.  Failure by the licensee to maintain the insurance requested by this section shall result in the revocation of the license.
   (F)   This permit shall expire December 31 of each year.
(Ord. 2007-5239, passed 9-19-2007; Am. Ord. 2011-5338, passed 12-6-2011)