(A) By the drink or restaurant limited licensees in the Downtown Business District (located within both the B-3 Zone and Historic Overlay District) may request an exception from this [outdoor screening of patio] provision to permit seasonal sidewalk cafes that serve food and alcoholic beverages as an adjunct to the primary and adjacent licensed premises. In the case of permitted sidewalk cafes, they shall be deemed part of the licensed premises.
(B) Any establishment which operates and is licensed under this chapter and the provisions of the state ABC code, may, upon application to the local ABC administrator, ask permission to expand the operation onto a part, and only that part, of the public sidewalk which immediately adjoins the licensed premises (hereinafter referred to as “sidewalk café”).
(C) The ABC Administrator may issue the permit if he/she finds that (a) the applicant is licensed under this ordinance and the ABC Code for the Commonwealth of Kentucky, (b) the applicant is in compliance with all conditions and restrictions of said license, (c) the applicant has all necessary building and use permits, including certification by the Planning Department that the sidewalk cafe is permitted at the premises location, (d) also finds that the issuance of the permit would not result tn any significant adverse land use impacts and (e) state permits (if any are required) have been approved along the right-of-way.
(Ord. 2012-1585, passed 9-13-12)