1358.04 PARTICIPATION.
   (a)    Any Class A Private Club license holder under West Virginia Code §60-7-1 et. seq. that operates in a Designated Area may apply to the office of the Mayor for approval to operate as a Class S4 permit holder. The Mayor and/or their designated staff will review the application for completeness and following requirements:
      (1)    The applicant is in an established Private Outdoor Designated Area, pursuant to this Article, with a front door in compliance with all building and fire codes for the safe ingress and egress of members, patrons, and guests to and from the Private Outdoor Designated Area.
      (2)    The applicant has a valid business license from both the City of Parkersburg and the State of West Virginia and is in good standing with both the City of Parkersburg and the State of West Virginia.
      (3)    The applicant has a valid Class A private club license under West Virginia Code §60-7-1 et seq.
   (b)    Once approved by the City of Parkersburg, as indicated by a letter of approval to the applicant, the license holder may apply to the West Virginia Alcohol Beverage Control Administration for a special Class S4 permit to participate in a Private Outdoor Designated Area, as detailed in West Virginia Code §60-7-8g and further detailed in this Article, the West Virginia Code, and any applicable rules of the WVABCA. Upon approval by the WVABCA, the Class S4 permit holder shall notify the Mayor's Office and the City of Parkersburg Development Department. Any business that receives the approval from the City of Parkersburg and has a Class S4 permit from the WVABCA may participate in a Private Outdoor Designated Area.
   (c)    Participation in a Private Outdoor Designated Area does not provide a business with any authority to operate outdoor dining within the public right of way. Any business interested in participating in outdoor dining shall follow the requirements of Article 1367 of this Code. A business with an approved outdoor dining area that is within a Private Outdoor Designated Area may operate its outdoor dining area simultaneously with its participation in a Private Outdoor Designated Area. Article 1358 - Private Outdoor Designated Areas.
   (d)    Nonparticipating businesses, Class A Private Club license holders without an S4 permit, and Class B license holders may choose to not permit alcohol on their premises.
(Ord. 0-1737. Passed 2-13-24.)