Any licensee or permittee may serve the type of alcoholic liquor, beer or wine permitted by the license or permit in an outdoor service area immediately adjacent to the indoor licensed premises only in accordance with the following conditions:
(A) The outdoor service area shall be enclosed by a permanent fence, wall or other retainer which clearly defines and encloses the outdoor area, which shall be immediately adjacent to and shall have direct access to the indoor portion of the license premises.
(1) The retainer must measure a minimum of 32 inches in height from finished floor surface or grade to the top of the retainer.
(2) Snow fence, field fence or flexible plastic fence shall not be deemed permanent retainer material for purposes of this chapter. A permanent retainer shall be constructed of wood, metal, masonry, fiberglass or other similarly rigid and permanent material.
(B) (1) The seating capacity, the number and type of exits, and other fire safety requirements of an outdoor service area shall be as prescribed pursuant to the applicable provisions of the International Fire Code as have been adopted and are enforced by the State Fire Marshal.
(2) The City Fire Chief shall determine compliance with the requirements of this division (B).
(C) Access to public restrooms located on the licensed premises shall be provided from the outdoor service area. No temporary or portable restroom facilities shall be permitted.
(D) If an outdoor service area is operated by a licensee pursuant to this chapter for a period of more than 90 days during any calendar year, the floor surface of the outdoor service area shall be a permanent, finished surface, with landscaping materials or sod and shall not be sand, gravel or bare soil.
(E) The outdoor service area retainer shall not be constructed closer to a property line than five feet, except that if the side, rear or front yard setback requirements for the zoning district in which the outdoor service area is located are less than five feet from a property line, the lesser setback shall be permitted.
(F) The establishment, construction and operation of an outdoor service area shall comply with all other applicable provisions of this code.
(Prior Code, § 3-2-12) (Ord. 425, passed 9-8-1992; Ord. 700, passed 3-15-2010; Ord. 761, passed 4-7-2014; Ord. 846, passed 6-17-2019)