(A) The application for any license granted hereunder shall contain a detailed description of the premises upon which description on the application shall be a drawing which designates the area to be licensed, which drawing shall be deemed a part of the application.
(B) Except as otherwise provided in this division, no premises shall be licensed unless contained wholly within a completely enclosed building and all activities related to the sale and/or consumption of intoxicating liquor and/or 3.2% malt liquor shall be strictly limited to the completely enclosed building or portion thereof as have been licensed.
(C) An applicant may make application to have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and/or consumption of intoxicating and/or 3.2% malt liquor in such contiguous area that is not wholly within a completely enclosed building. Such application shall be accompanied by an investigation and review fee, which fee shall be nonrefundable and in addition to any other investigation fee required.
(D) Each application pursuant to division (C) of this section shall contain a description of the nonenclosed area that is proposed to be licensed and shall be accompanied by a drawing of the proposed area to be licensed. Such application shall also include a detailed scale description of the barriers that will be used, method of seating, ingress and egress arrangements, security provisions, sanitary and fire arrangements and lighting. The drawings required hereunder shall include the dimensions of the area, barriers, tables, aisles and equipment and shall be drawn proportionately to scale.
(E) The application pursuant to division (C) of this section shall be submitted to the Police Department, Fire Department, Planning Division, City Attorney, Building Inspector and City Administrator for review and comment before submission to the City Council. The aforementioned city staff shall review the suitability of the proposed nonenclosed premises in light of the applicable fire, building and life safety codes, zoning ordinances, past performance of the licensee in maintaining order on the licensed premises and obeying applicable laws, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements, including control of persons entering and leaving for purposes of preventing consumption by minors and safety of seating arrangements.
(F) Any application granted for the inclusion of nonenclosed premises in the licensed premises shall be granted upon such terms and conditions as the Council may specify in granting such application relating to the limits of such use, including provisions relating to:
(1) Hours of operation in the unenclosed area;
(2) Barriers to be maintained delineating the unenclosed area such as requiring planters, walls or fences;
(3) Minimum lighting requirements;
(4) Type of chairs and/or tables used and/or their anchoring;
(5) Days of the week or months enclosed premises may be used;
(6) Personnel required to supervise the unenclosed area;
(7) Items required by applicable fire, building and life safety codes;
(8) Maximum number of persons who may be present at any one time;
(9) Fencing to be opaque;
(10) Means and methods used to restrict consumption to licensed area and prevent removal or consumption of beverages outside licensed area;
(11) Additional parking requirements;
(12) The type of beverage container used;
(13) Amplified music;
(14) Sanitary facilities provided, their location and number.
(G) Any licensing of unenclosed premises shall be deemed experimental and, as such, no expectation shall be had by the licensee that the licensing of the unenclosed premises will be renewed even though no misconduct occurred on the unenclosed premises in the event the City Council determines to repeal the general authorization for unenclosed areas to be included in the licensed premises of establishments.
(H) Seasonal extension of permitted unenclosed area.
(1) An applicant may make application to have an area that is contiguous to the unenclosed or enclosed licensed premises included in the licensed area for a six-month seasonal extension of permitted area to permit the sale and/or consumption of intoxicating and/or nonintoxicating liquor.
(2) Such application shall be an additional application.
(3) Such application for a seasonal use of contiguous unenclosed premises shall comply with all the requirements set forth in divisions (D) through (F) in terms of the requirements and standards for its issuance and the terms of its licensure.
(4) Applicants must prove adequate insurance is provided to cover the seasonal extension of permitted area.
(Ord. 138, passed 4-4-1994; Am. Ord. 94, 4th Series, passed 8-7-2017)