(A)   On application and payment of an investigation and processing fee of $100 in addition to the license fees set forth herein, the holder of a Class B, C, E, EE and F license may be issued a permanent outdoor tavern area permit.
   (B)   A permanent outdoor tavern area permit shall, upon issuance, entitle the licensee to allow outside alcoholic liquor consumption as authorized by his or her primary classification, outside of the permanent structure of his or her premises, under the following conditions.
      (1)   A permanent fence, not less than six feet in height, made of wood or other similar material, shall be erected by the licensee. Design and material must be approved by the Liquor Commissioner in accordance with standards approved from time to time by the Village Board. The fence shall be designed in such a manner so as to separate the licensee’s patrons from the general public, and shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential or commercial property. All applicable fence permits must be obtained and fees paid prior to erecting the fence.
      (2)   (a)   Access into the outdoor tavern area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk or adjoining property. Emergency exits as approved by the Liquor Commissioner shall be provided.
         (b)   Access into the outdoor tavern area may also be granted through the emergency exit, so long as the emergency exit is staffed at all times by an employee of the licensee who is checking identification cards and ensuring that no alcoholic beverages are brought into or taken out of the outdoor tavern area.
      (3)   No music of any kind may be played or broadcast from the outdoor tavern area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after 10:00 p.m.
      (4)   No sales or dispensing of alcoholic liquor may be made from the outside tavern area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outdoor café or permanent structure.
      (5)   Proof of dram shop insurance coverage on the outdoor tavern area must be submitted with the completed application.
      (6)   Adequate security must be provided by the licensee.
      (7)   Outside tavern area activities may only be conducted during normal business hours of the establishment.
      (8)   There shall be no sales of alcoholic liquors within the permanent outside tavern area. All sales shall occur within the licensed premises and alcoholic liquor shall be carried by the customers to the outside tavern area.
      (9)   The permanent outside tavern area may include an outside smoking shelter erected and maintained in accordance with the Smoke Free Illinois Act, 30 ILCS 805/8.31 et seq., and any regulations of the state promulgated in accordance therewith, as presently in force or as hereinafter amended. Compliance with such act and regulations is a condition of issuance and renewal of the permit.
      (10)   The annual fee for an outdoor sales permit shall be $25, with a $15 annual renewal/inspection fee.
      (11)   The licensee shall be subject to all other regulations governing the class of license held by the licensee, including, but not limited to, regulations governing hours and the sale of food, except as specifically amended herein.
   (C)   The initial permanent outside tavern area permit shall expire upon the expiration of the license that is current as of the date of issuance of the initial permit. Thereafter, the permanent outside tavern area permit may be renewed and shall expire annually along with the expiration and renewal of the license. The annual fee for the permit shall be $100, to be paid by the licensee along with the license fee.
   (D)   Each licensed premises shall be limited to one outdoor tavern area permit for one outdoor tavern area.
(Prior Code, § 110.010B) (Ord. 2007-038, passed 12-3-2007; Ord. 2008-016, passed 5-19-2008; Ord. 2008-038, passed 11-3-2008)