Section 5.09.105   Service of alcoholic liquor on public sidewalks and public property.
   The following conditions shall apply to the service of alcoholic beverages on public sidewalks or public property, and shall be in addition to any other standards and conditions that may apply to the license classifications provided in section 5.09.100 of this chapter.
   A.   Council approval required. Sidewalk service shall be prohibited unless the Village Council has first approved such service pursuant to Chapter 12.04 of this code. All approvals of sidewalk service shall expire at the same time as the underlying restaurant license.
   B.   Sidewalk service area. The area for sidewalk service shall be defined in the license application and shall be specified in the license. The area for sidewalk service shall be contiguous to the licensed premises and shall be separated from the pedestrian areas of the public sidewalk by fencing, planters or such other device as may be specified in the license.
   C.   Seasonal limitations on sidewalk service. Sidewalk service is prohibited prior to April 1 and after November 30, except that the Village Manager shall have the authority to permit sidewalk service prior to April 1 or after November 30, upon determining that weather conditions permit and upon issuing written notice to licensees. Notwithstanding the foregoing, the Village reserves the right to prohibit sidewalk service at any time that the Village determines that weather conditions necessitate the removal of snow or other debris from the public sidewalks.
   D.   Hours for sidewalk service. Sidewalk service shall cease no later than the time provided in section 5.09.250 of this chapter, unless the Village Council specifies an earlier time in an ordinance adopted at the time it authorizes the license.
   E.   Supervision required. The licensed sidewalk service area shall be supervised at all times by an employee of the restaurant who is at least 21 years old.
   F.   Insurance and indemnification.
      1.   The licensee shall indemnify and hold harmless the Village, its officers and employees from any and all costs arising from claims for personal injury or property damage resulting in any way from the licensee's use of the public way, whether the claim, injury or damages arise from an incident on the licensed premises or on the adjacent portion of the public way that remains open for public use.
      2.   The licensee shall maintain dram shop insurance in an amount specified by statute or ordinance, or by rule of the State Liquor Control Commission or the Local Liquor Commissioner, but in no event shall the amount of dram shop insurance be less than $1,000,000.
      3.   The licensee shall maintain general liability insurance coverage of at least $2 million, with excess liability coverage of at least an additional $2 million, with the Village named as additional insured. The certificate of insurance shall be in a form acceptable to the Village.
   G.   Other conditions. The Local Liquor Commissioner, in the exercise of his or her discretion, shall have the authority to impose such other conditions for sidewalk service as he or she may deem reasonably necessary, which discretion shall include the right and authority to prohibit a licensee who violates any of the conditions for sidewalk service from serving any alcoholic beverages on public sidewalks or public property for a period of up to 5 years.
(MC-4-2014, Added, 04/01/2014)