(A) The consumption of alcohol outdoors requires an outdoor dining permit issued by the Local Liquor Commission. The Liquor Control Commission may, but it not limited to, consider the following criteria to determine whether to issue, in the exercise of its discretion, the outdoor dining permit as a condition of the applicant’s Class "B" or "C" licenses. There is no annual fee for an outdoor dining permit.
(1) Surrounding land uses;
(1) Surrounding land uses;
(2) Business concept;
(3) Proximity to other liquor establishments;
(4) Public's health, safety and welfare;
(5) Public safety resources;
(6) Any other criteria relevant to the issuance, establishment and administration of a local retail liquor license.
(B) For any permit issued by the Local Liquor Commission:
(1) Licensees shall restrict the consumption of alcohol outdoors exclusively to authorized outdoor customer dining areas, as defined in § 156.07.C17 of the Village Code.
(2) The hours of consumption of alcohol outdoors is determined based on the criteria set forth above but shall not be greater than Sunday - Saturday, 7:00 a.m. to 12:00 a.m. unless otherwise decided by the Local Liquor Commission.
(3) The consumption of alcohol outdoors at any licensed premises other than in an outdoor customer dining area is prohibited.
(C) Any application for a new or renewal of an outdoor dining permit shall be reviewed by the Liquor Control Commission. An applicant for an outdoor dining permit shall have the opportunity to present and provide input on said application prior to the Liquor Control Commission.
(D) Notice of violation process; outdoor dining permit. If during a liquor license year, January 1 through December 31, where a liquor license holder has been issued an outdoor dining permit and a notice of violation is issued by the Liquor Control Commissioner, the Liquor Control Commission shall hold a hearing on the matter following the same procedures accorded in § 111.08 regarding revocation or suspension of license; hearing procedure.
(Ord. 2019-39, passed 11-4-19)