(A) Applicant eligibility. Only persons that:
(1) Possess a valid liquor license authorizing the sale and service of alcoholic liquor; and
(2) Are able to demonstrate full compliance with this code may apply for an outdoor service permit.
(B) Location of outdoor service area. Only areas that are immediately adjacent to and directly accessible from an existing licensed premises are eligible to be an outdoor service area.
(C) Term of permit. Outdoor service permits are valid for a period of 1 year beginning on April 1 and expiring on March 31 of the following year. Applicants must submit with their permit application the date(s) during which outdoor service events are proposed. No outdoor service event may exceed 3 consecutive days, and no permittee shall propose more than 5 outdoor service events during the term of any permit. If the applicant has received approval for a parklet space (as defined in § 111.003), the term of the permit shall be determined by the Liquor Control Commissioner, or their designee, and the City Administrator.
(D) Application and inspection.
(1) Applicants shall complete and submit an outdoor service permit application on forms provided by the city and provide all plans, specifications, and information requested by the City Clerk. Applications must be submitted at least 15 business days before a proposed outdoor service event.
(2) The city may inspect the outdoor service area for compliance with this code and the terms of the outdoor service permit during the city’s review of any permit application and at any time during the term of any outdoor service permit. Applicants seeking to renew a permit shall submit a renewal application on forms provided by the city and all plans, specifications, and information requested by the City Clerk.
(E) Insurance. Applicants seeking an outdoor service permit shall provide:
(1) Certificates of insurance in a form and an amount approved by the City Attorney that names the City of Monticello as an additional insured and covers the outdoor service area; and
(2) A signed indemnification and hold harmless agreement on a form provided by the city.
(F) Conditions. The Local Liquor Control Commissioner has the authority to impose any terms and conditions on the issuance of an outdoor service permit that the Commissioner, in his or her sole discretion, deems necessary to protect the public health, safety, and welfare. The Commissioner may deny any permit application that the Commissioner determines, in his or her sole discretion, unduly interferes with pedestrian or vehicle traffic, or otherwise endangers the public health, safety, and welfare.
(G) Maintaining the public right-of-way. Portions of the public right-of-way that are subject to an outdoor service permit must be kept free from refuse at all times, and no food preparation is permitted on the public right-of-way. Permittees shall maintain all public improvements on the public right-of-way in the condition that existed on the date the outdoor service permit was issued, and the permittee shall be responsible to the city for any damage to any public improvements or the public right-of-way where such damage arises from or relates to the operation or presence of the outdoor service area.
(H) Pedestrian access. Areas subject to an outdoor service permit shall be organized and operated in a way that does not interfere with pedestrian access or use. All personal property placed on the public right-of-way associated with the operation of an outdoor service area shall be located so that a clear path of at least 5 contiguous feet shall be provided for passage of pedestrians, and so that ingress and egress from the licensed establishment or any other establishment is not obstructed or materially inhibited. For all licensed premises, the outdoor service area shall be clearly designated with a semi- permanent barrier as approved by the city. No improvements determined to be permanent by the Local Liquor Control Commissioner may be constructed in the outdoor service area.
(I) Consumption. No patron shall leave the outdoor service area with alcoholic liquor. Alcoholic liquor shall only be served and transferred to patrons in the outdoor service area by a BASSET trained server, and no carry-in or carry-out of liquor by a patron to or from the outdoor service area is permitted.
(J) Number of outdoor service permits. There shall be no more than 6 outdoor service permits issued at any 1 time.
(Ord. 2012-32, passed 8-13-2012; Am. Ord. 2017-85, passed 11-13-2017; Am. Ord. 2020-29, passed 6-8-2020)