(a) Purpose. The purpose of these regulations to facilitate outdoor dining within the municipality in order to create an active streetscape while promoting pedestrian and retail friendly traffic to enhance the economic and social vitality of the City of Wheeling by providing safe and visually appealing opportunities for outdoor dining as a use of the public right-of-way.
(b) Definitions.
(1) "Operator" shall mean a person, organization, proprietorship, corporation or other similar entity lawfully operating a business located in the municipality, which possesses a valid State of West Virginia food vendor's permit and has been issued an Outdoor Dining Area permit by the City's Building and Planning Department in accord with the approval of the Public Works Director pursuant to Section 903.06.
(2) "Outdoor Dining Area" shall mean a confined area of the public sidewalk designated by a site plan approved by the City through the Department and the Public Works Director and located in the municipality, and which area is adjacent to Operator's building/permanent structure, where patrons may sit at tables while consuming food and beverages, which may include non- intoxicating beer contingent on proper licensure by the West Virginia Alcohol Beverage Control Administration.
(c) Powers, Rules and Regulations. The City of Wheeling's Building and Planning Director in coordination with the Director of Public Works, is hereby authorized to promulgate reasonable rules and regulations regarding the administration of the requirements of this article, to review all Outdoor Dining Area permit applications on such forms and subject to such procedures as the Building and Planning and Public Works Departments may establish to either grant or deny such permits under this article. Copies of such rules and regulations, as amended from time to time, shall be maintained by the Building and Planning Department, and shall be available to interested parties at all reasonable times, including via the City's website.
(d) Compliance with Federal, State and Local Laws and Regulations.
(1) The operation of an Outdoor Dining Area pursuant to a permit granted under this article shall comply with the Americans with Disabilities Act, all provisions of state and local building and fire codes, as well as all state and local health laws and regulations regarding the service and preparation of food. The operations of an Outdoor Dining Area shall also be conducted in accordance with the code provisions and regulations of the West Virginia Alcoholic Beverage Control Administration (WV ABCA). Nothing in this article shall be intended to alter or abridge any applicable federal, state and local laws or the Operator's responsibility to comply with all code provisions and regulations of the West Virginia Alcohol Beverage Control Administration.
(2) Nothing in this article shall be intended to alter or abridge the prohibition of service of alcoholic beverages or possession thereof on public property in the City, except that any permitted Outdoor Dining Area Operator and patrons of permitted Operator's Outdoor Dining Area shall be deemed to be exempt from said prohibition during the hours of operation of said Operator and only within the confines of said area.
(Ord. 15613. Passed 9-21-21.)