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The term "outdoor patio space" is abbreviated in this division as an OPS and includes, but is not limited to, a designated area outside of the primary structure to which it is attached, whether or not it is functionally capable of being completely enclosed, that is utilized for patron seating, dining and/or drink service for patrons, and any other form of patron congregation, with the exception of an outside area that is designated solely for smoking and which complies with the Dr. Ron Davis Smoke-Free Air Law. An OPS must be licensed by the city if it falls within any of the following categories:
(A) The OPS is defined by a perimeter of walls, fencing, trees, shrubbery, or any other design that restricts ingress and egress from the OPS, and the OPS is larger than 100 square feet.
(B) The business to which the OPS is open later than 10:00 p.m. Sunday through Thursday and/or later than 11:00 p.m. on Friday and Saturday. However, a license will not be required for the OPS if it is not accessible to the public or otherwise being utilized during unusual occasions when indoor business operations are extended beyond those times.
(C) Total tabletop space available outdoors on the site for patron use exceeds 100 square feet.
(D) Any form of amplified sound is transmitted on, in, from, or through the OPS.
(E) The OPS is part of an area licensed or authorized for alcoholic beverage consumption and/or service under the Liquor Control Code.
(Ord. No. 450, § 1, 12-20-16)