While Class A and Class C liquor licenses allow consumption on the premises set forth in the license application and the premises to which the license is issued, no such license shall sell, give, deliver or allow to be consumed, any alcoholic liquor on said premises, except within the building and any designated and approved outdoor area located on said premises. It shall be unlawful for any license to allow the consumption of alcohol in any area of the premises not specifically approved by the Local Liquor Commissioner and the issued licenses.
(A) Designated outdoor areas; ongoing.
(1) Any new establishment that will include an outdoor area where alcoholic liquor will be sold, given, delivered, or allowed to be consumed on an ongoing basis, shall specifically designate, describe and depict each such area in its application for a Class A or Class C liquor license.
(2) Any existing Class A or Class C liquor license establishment that wishes to add an outdoor area where alcoholic- liquor will be sold, given, delivered, or allowed to be consumed on an ongoing basis, shall submit each such area to the President of the Village Board of Trustees as the Local Liquor Control Commissioner of the village, for approval prior to selling, giving, delivering or allowing the consumption of alcohol within said area.
(3) If approval for an outdoor area where alcoholic liquor will be sold, given, delivered, or allowed to be consumed on an ongoing basis, is granted by the President of the Village Board of Trustees, the premises set forth in the license application and the premises to which the license is issued shall be considered amended to include the designated and approved outdoor area, and thereafter the licensee shall be allowed to sell, give, deliver or allow the consumption of alcohol within said area.
(4) The licensee shall notify its insurance carrier and ensure that dram shop and all other applicable liability insurance coverage is extended to also cover all designated and approved outdoor areas.
(5) Any fence, landscaping, screening, partitions or other structures around any such designated and approved outdoor area, shall at all times allow a clear, open view into the area, similar to that already required within the licensed building by § 115.26 of the Swansea Municipal Code.
(B) Designated outdoor areas temporary.
(1) Any existing Class A or Class C liquor license establishment that wishes to establish a temporary outdoor area where alcoholic liquor will be sold, given, delivered, or allowed to be consumed during a special event, including, but not limited to, St. Patrick's Day and Cinco de Mayo, must first secure written approval from the President of the Village Board of Trustees.
(2) Any such request shall be in writing specifically identifying and depicting the area of the licensed premises to be designated as the temporary outdoor area. Request should be made at least 30 days in advance.
(3) The President of the Village Board of Trustees shall consult with the Chief of Police, and after doing so may require specific safety and security plans from the licensee prior to approval of any special event,
(4) Any approval granted for such a temporary outdoor area shall be in writing, with notification also to the Chief of Police, and shall extend the premises set forth in the license application and the premises lo which the license is issued to include the designated and approved temporary outdoor area, but only for the time period specified, not to exceed 48 hours.
(5) The licensee shall notify its insurance carrier and ensure that dram shop and all other applicable liability insurance coverage is extended to also cover all temporary outdoor areas.
(6) Any fence, landscaping, screening, partitions or other structures around any such designated and approved temporary outdoor area, shall at all times allow a clear, open view into the area, similar lo that already required within the licensed building by § 115.26.
(C) Open alcohol or liquor outside the licensed premises. It shall be unlawful for any person to take open alcohol or liquor outside or beyond any specifically designated and licensed premises, provided, however, that a patron may remove one unsealed and partially consumed bottle of wine for off-premise consumption from a restaurant if that patron purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises, or consumed a portion of the bottle of wine on the winery premises, and the partially consumed bottle of wine that is lo be removed from either premise is securely scaled by the licensee in a transparent one-time use, tamper-proof bag, and the licensee provides a elated receipt for the bottle of wine to the patron, but only as permitted by 235 ILCS 5/6-33 as it is then in effect.
(Ord. 1774, passed 3-6-2017) Penalty, see § 10.99