(A) An applicant may make application to have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale, and consumption, of intoxicating, 3.2% malt liquor, and wine in the contiguous area that is not wholly within a completely enclosed building.
(B) The completed application shall be submitted to the City Clerk-Treasurer, and distributed to the Department of Public Safety, Community Development, Planning Division, and Building Department for review and comment prior to submission to the City Council.
(C) The city staff shall review the suitability of the proposed, non-enclosed premises in light of the applicable fire, building, and life safety codes, zoning ordinances, past performance of the licensee in maintaining order on the licensed premises and obeying applicable laws, the adequacy of the proposal to provide for the safety of persons on the premises, impact on the surrounding properties, adequacy of lighting, appropriateness of noise levels, suitability of ingress and egress arrangements, including control of persons entering, and leaving, for purposes of preventing consumption by minors, and safety of seating arrangements.
(D) All non-enclosed areas must meet the urban design standards. Barriers for the non-enclosed area must be constructed of wrought iron, brick, and/or natural stone material(s) at a minimum of three feet in height.
(E) No sound amplification equipment shall be located in, or directed into, the unenclosed service area, or unenclosed seating area, unless prior approval of the City Council for a special event.
(F) There shall be no dispensing of alcohol beverages on the non-enclosed premises.
(G) Any application granted for the inclusion of non-enclosed premises in the licensed premises shall be granted upon the terms, and conditions, as the Council may specify in granting the application relating to the limits of the use, including, but not limited to, provisions relating to:
(1) Hours of operation in the non-enclosed area;
(2) Barriers to be maintained delineating the non-enclosed area, such as requiring planters, walls, or fences;
(3) Minimum lighting requirements;
(4) Type of chairs, tables, or other fixtures to be used, and their anchoring;
(5) Days of the weeks, or months, that non-enclosed premises may be used;
(6) Personnel required to supervise the non-enclosed area;
(7) Items required by applicable fire, building, and life safety codes;
(8) Maximum number of persons who may be present at any one time;
(9) Means and methods used to restrict consumption to the licensed area, and prevent removal, or consumption, of beverages outside the licensed area;
(10) The type of beverage container to be used;
(11) The location, type, and number of sanitary facilities to be provided, including receptacles extinguishing smoking materials; and
(12) The non-enclosed seating area shall be designed so as not to obstruct a required entrance/exit of the main building.
(H) Heating of the unenclosed premises shall be electric or natural gas only, as approved by the city. Open fire pits are prohibited.
(I) Any licensing of non-enclosed premises shall be deemed experimental, and as such no expectation shall be had by the licensee that the licensing of the non-enclosed premises will be renewed, even though no misconduct occurred on the non-enclosed premises, in the event that the City Council determines to repeal the general authorization for the non-enclosed area to be included in the licensed premises.
(J) The area shall not be located in a required yard and/or setback.
(K) The area shall be located on a side of the building that is not facing, or visible, from an abutting residential zoning district, and/or a residential zoning district that is located across the street from the zoning lot.
(L) Adequate lighting shall be provided in the unenclosed service area, or unenclosed seating area. All exterior lighting shall comply with other lighting provisions of the city code.
(M) The unenclosed seating area must be surrounded by a wall, or fence, and landscaping in conformance with this chapter, and other provisions of the city code. The wall, or fence, and landscaping shall be designed so as not to allow individuals to enter, or exit, the unenclosed service or seating area, except for direct access into the main building, or other approved access and/or egress. The unenclosed seating area shall be designed so as not to obstruct a required entrance/exit of the main building. The final design of the seating area shall be reviewed by the City Council, or its designee, and the standards for the operation, maintenance, and design of the seating area shall be part of the license granted under the city code.
(N) The permitted occupancy of the unenclosed seating area shall be established by the seating plan that is reviewed, and approved, by the City Fire Marshal and Building Official. The permitted occupancy shall be part of the liquor licensing requirements under this chapter.
(O) The City Council may modify these standards by granting a license under the provisions of this chapter.
(P) This section shall be applicable for all areas where a restaurant, or similar use, is a permitted use as per the applicable zoning ordinances located in Chapter 156.
(Ord. 32, third series, passed 4-15-2014)