(a) Licensees may operate an outdoor cafe as part of the licensed premises only with the express approval of the Board. The Board may modify, suspend, or revoke the outdoor cafe privilege.
(b) Outdoor cafes approved by the Board must:
(1) be contiguous to the licensed premises, enclosed in a clearly delineated area, and surrounded by a continuous barrier at least 36 inches high at its lowest point with a controlled point of ingress and egress; and
(2) not be on public property or on a public right-of-way, without the express written approval of the appropriate State, County, or local government authority.
(c) Notwithstanding the provisions of subsection (b)(1) above, a licensee may operate an outdoor cafe that is non-contiguous to the licensed premises as part of the licensed premises, if the non-contiguous outdoor cafe meets the requirements of subsection (b)(2) above and is;
(1) on the same side of the street and extends no more than a combined total of fifty (50) feet beyond the width of the store front of the licensed premises in either direction. “Store front” is defined as that part of the outer wall of any premises which is contiguous to a public sidewalk or right-of-way. If the cafe extends beyond the width of the storefront of the licensed premises, the licensee must obtain written permission to operate the extended portion of the cafe from all adjoining property owners within the extended cafe area. If the Board is notified in writing that permission is rescinded based upon a change of ownership or otherwise, the Board will suspend the extended cafe privilege until written permission is obtained. In addition, the distance between the store front of the licensed premises and the closest point of the cafe area must be no more than twenty-five (25) feet; and
(2) enclosed in a clearly delineated area, and surrounded by a continuous barrier at least 36 inches high at its lowest point with controlled point(s) of ingress and egress.