§ 4-32. Outdoor alcohol service and consumption endorsement.

(a)

Special endorsement. A special endorsement may be issued by the city council to the holder of an on-sale intoxicating liquor or an on-sale 3.2 percent malt liquor license to allow sales and consumption of alcohol outdoors when the outdoor service area is immediately adjacent to and contiguous with the licensed premises. If the special endorsement is approved by the city council, the city shall file it with the commissioner.

(b)

Application and issuance. The licensee shall make application for the special endorsement to the city and provide site plans which illustrate and specifically describe the proposed outdoor service area. The special endorsement may be issued by the city council to the licensee by resolution.

(c)

Outdoor service area requirements. The following requirements shall be applicable to all outdoor service areas:

(1)

Service in the outdoor service area shall be provided only at tables, however, this shall not prohibit patrons from being able to carry beverages from an inside area in the establishment to the outdoor service area;

(2)

No bar shall be located in the outdoor service area, except a service bar for the exclusive use of the establishment's employees;

(3)

No outdoor service area shall reduce existing handicapped accessibility;

(4)

Access to and egress from the outdoor service area shall be only through a door connecting the area to the licensed premises; and

(5)

The licensee shall regularly pick up trash or litter generated by the operation of the outdoor service area within a reasonable distance from the area.

(d)

Additional requirements and restrictions. The city council, in its discretion, may place any of the following additional requirements and restrictions on the outdoor service area:

(1)

Restrict the hours of operation of the outdoor service area based upon the proximity of the area to residential dwelling units and upon considerations relating to safety, repose, and welfare of the residents, businesses and other uses near the establishment;

(2)

Require improvements to the outdoor service area prior to the issuance of the special endorsement, including, but not limited to, safety barriers or other enclosures to be placed around the perimeter of the outdoor service area in order to protect patrons from any hazards, including vehicular traffic;

(3)

Restrict the days, hours, and type of entertainment in the outdoor service area in order to protect the safety, repose and welfare of the residents, businesses and other uses near the establishment; and

(4)

Such other restrictions as deemed necessary by the city council in order to protect the public health, safety and welfare.

(e)

Renewal and revocation. The city council may review the operation of the outdoor service area in connection with the renewal of the on-sale license for the establishment, or at any other time for good cause. Violation of the terms and conditions of this section shall be grounds for revocation, suspension, or refusal to renew the endorsement pertaining to the outdoor service area.

(Ord. No. 2015-011, § 1, 7-28-15)