(A) Patio and outdoor sales of alcoholic beverages shall be permitted only on premises licensed for sales of alcoholic beverages by the drink.
(B) Procedure. Anyone wishing to obtain an outdoor alcoholic beverage license must first have obtained a liquor by the drink license issued by the city or shall be done in conjunction with applying for a liquor by the drink license.
(1) Application for an outdoor alcoholic beverage license shall be made to the City ABC Administrator.
(2) If a restaurant has obtained an outdoor alcoholic beverage license, but moves to a new location or if the outdoor alcoholic beverage area is altered or relocated at the existing premises, the permit shall be automatically terminated and a new application will be required.
(C) Required conditions. The City may only grant an outdoor alcoholic beverage license if the following conditions are met:
(1) The outdoor alcoholic beverage area must be located completely within the required setback area for the zoning district in which it is located.
(2) The size of the outdoor alcoholic beverage area shall not exceed thirty percent (30%) of the gross floor area of the principal structure to which it is accessory. The seating area shall be calculated separate of that of the principal structure by the city.
(3) No outside kitchen or food preparation area shall be provided other than the facilities for the principal use.
(4) The only entrance and exit to the outdoor alcoholic beverage area shall be through the principal structure. The perimeter of the outdoor alcoholic beverage area shall be clearly defined with decorative walls or fencing at a minimum height of three (3) feet so as to provide control over the operation of the outdoor alcoholic beverage area in conjunction with the landscaping requirements as prescribed in number five (5); otherwise, a solid enclosure at a minimum height of four (4) feet is required. The outdoor alcoholic beverage area is intended to provide separation from pedestrians. One (1) emergency exit is required for the outdoor area done in accordance with the City of Murray Fire Code.
(5) Some combination of evergreen vegetation or landscaping will be required, around the perimeter of the outdoor alcoholic beverage area, to provide partial screening at a minimum height of four (4) feet with plantings spaced on a maximum of a four (4) foot center. These requirements will not be used to reduce or minimize any other screening ordinance in place.
(6) A seating plan must be submitted along with the proposed surface area. The seating plan will be reviewed to provide recommendations. The surface area of the outdoor alcoholic beverage area should generally be a hard surface.
(7) Lighting is required. The lighting shall be of a subdued nature and not imposing to any adjacent property.
(8) All plans are to be reviewed and approved by the City prior to issuance of an outdoor alcohol beverage license.
(9) Any restaurant not in compliance with this section on the day of its adoption shall have one hundred and twenty (120) days to come in compliance.
(D) Unless exempted by the following provisions of this chapter and by permission of the City ABC Administrator, patio areas must comply with the screening requirements of this ordinance. Sidewalk cafe seating areas must comply with this ordinance and with local zoning ordinance and other public safety requirements noted in this chapter or in other provisions of local ordinance, statute or regulation.
(Ord. 2012-1585, passed 9-13-12)