(A) The sale and consumption of alcoholic beverages may be authorized on sidewalks abutting premises licensed as on-premise full-service restaurant in the area zoned as Commercial District Downtown (C-2DT), by issuance of a permit subject to the provisions hereinafter set forth.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OUTDOOR DINING AREA. An area on a public sidewalk, including on the corner "node" area in cases where the adjacent business is on a corner lot, in front of and adjacent to a business where food is sold, served and consumed.
SIDEWALK. That area legally open to public use as a pedestrian walkway between the street's curb line and the public right-of-way boundary along an abutting property.
(C) Application procedures and requirements.
(1) A permit under this section may be granted for service of alcoholic beverages only if the abutting business is licensed as an on-premise full-service restaurant that derives not less than 60% of its gross receipts from the sale of prepared food for consumption on the premises.
(2) The holder of an on-premise full-service restaurant license (the "licensee") may apply to the City Finance Office on the prescribed application form, for a permit to serve and allow consumption of alcoholic beverages on the sidewalk abutting the licensed premises. A non-refundable initial permit fee in the amount of $100 shall accompany the application.
(3) The applicant shall, before being issued a permit, submit plans and drawings identifying a design and plan for the orderly sale and service of alcoholic beverages. The plan shall include permanent barriers, attached to the sidewalk, not more than four feet tall, to accurately define the location(s) of tables and seating which may be, but are not required to be, attached to the sidewalk. These plans and drawings shall first be submitted to the Code Enforcement Officer who shall approve the same so long as they comply with this section and all other applicable laws and regulations.
(4) Each application will be reviewed by the Finance Officer. If the applicant meets all requirements, the Finance Officer shall issue the permit.
(5) The service of alcoholic beverages under this section and the corresponding permit shall be allowed until no later than 1:00 a.m., and such alcohol sales and service shall only be allowed to food patrons who are seated at tables.
(6) The licensee serving alcohol under this section and corresponding permit shall at all times leave at least six feet of open and unobstructed sidewalk for pedestrian traffic. The area within and immediately surrounding the sidewalk service area must be maintained in a clean, neat, and sanitary condition. No alcoholic beverages may be stored or mixed in the sidewalk service area.
(7) The licensee shall install, at the licensee's expense, the barriers and seating as approved under division (C)(3), above, before commencing service on the sidewalk. The installed items shall continue to be the property of the licensee and shall be kept in good condition at all times. In the event that any of those items are removed and not replaced, the licensee shall be responsible to restore the surface of the sidewalk through the use of appropriate materials and workmanship.
(8) Each permit shall terminate at midnight on December 31 and shall be non-transferrable. Application for renewal may be made during the month of December for the following year. Renewal fee shall be $100 to be paid when renewal is applied for.
(9) The permit holder shall furnish a certificate of insurance proving commercial insurance coverage of at least $1,000,000 for bodily injury, death, disability, and property damage liability. The City of Winner shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of the sidewalk service area. In the event of cancellation or nonrenewal of the insurance, the permit holder shall have 24 hours to reinstate the insurance or the permit shall be automatically revoked without any further process.
(Ord. 1017, passed 12-6-2021)