(a) The following classes of licenses are eligible for the outdoor use option: Class A, B, BB, D, G, and H.
(b) The outdoor use option allows a licensed premises to conduct activities licensed under the provisions of this chapter outside of an enclosed building for the purpose of serving patrons when no residential neighborhood will be adversely affected; provided, however, that all activities take place on the licensed premises or, if the outdoor use is to operate on public right-of-way or public property, the outdoor use option may be granted only with a City Council approved licensing agreement executed by the licensee which licensing agreement shall require proof of insurance on behalf of the City in appropriate amounts, insuring for the use of right-of-way or public property. In addition, no outdoor use option shall be granted by the liquor control commissioner unless all of the following terms are included within the permitted option:
(1) Adequate lighting must be maintained at all times such that law enforcement personnel may visually identify patrons from the public right-of-way;
(2) The maximum hours of operation for outdoor use shall be the exact hours of operation of the licensee if the outdoor use is on private property; if the outdoor use is to operate on public right-of-way or public property, the hours of operation shall be daily from 10:00 a.m. to 11:00 p.m.;
(3) All parking requirements of City ordinances must be satisfied;
(4) No sound amplification equipment will be used outside; provided, however, that ambient background music is permissible; for purposes of this subsection, "ambient background music" shall mean quiet music played at a minimal volume such that it is not audible from adjoining property or public rights-of-way;
(5) That appropriate demarcation elements shall be required herein to identify the outside premises licensed hereunder and the proposed demarcation elements shall be approved as set forth in Section 6-2106, "Use of Public Right-of-Way for Sidewalk Food and Beverage Service," of the Moline Code of Ordinances;
(6) Only non-glass containers may be used if the outdoor premises are located on public property or public right-of-way;
(7) Except as provided herein and in Paragraph (8) below, live animals shall be excluded from all areas under the control of the licensed establishment both inside and outside of an enclosed building for the purpose of serving patrons on private property, public right-of-way or public property. This exclusion does not apply to edible fish, crustacean, shellfish, or to fish in aquariums, nor to patrol dogs accompanying security or police officers. Service dogs and service miniature horses recognized under the Americans with Disabilities Act as trained to assist persons with disabilities that are accompanying such persons shall be permitted in all areas open to the public.
(8) Other than Licensees holding a COPIA Restaurant License, a Licensee with this Option may permit Companion Dogs in the outdoor area licensed hereunder. Companion Dogs are not permitted in an indoor licensed area for any Licensee. A Licensee choosing to allow Companion Dogs must ensure compliance with the Illinois Food, Drug, and Cosmetic Act, the Food Handling Regulation Enforcement Act, the Sanitary Food Preparation Act, and all other applicable statutes and ordinances of the City of Moline. A Licensee shall refuse to serve the owner of a Companion Dog if the person in control of the Companion Dog fails to exercise reasonable control over the Companion Dog, or if the Companion Dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present, including, but not limited to, violations and potential violations of any applicable health code or other statute or ordinance.
(c) To ensure compliance with all requirements of the ordinance, at least one (1) employee of the premises must physically frequent such outside portion at least once every five (5) minutes to monitor and require such compliance; provided, however, that such requirement is only effective when patrons or other individuals are present at the outdoor portion of the licensee.
(Ord. No. 3020-2015; prior Sec. 4-3317 "Option III Caterer's Retail" renumbered to Sec. 4-3319; 05/12/15: Ord. No. 3021-2019; 08/27/19: Ord. No. 3002-2021; 02/23/21; Ord. No. 3025-2022; Sec. 4-3317 amended and renumbered Sec. 4-3314; 9/27/22)