ORD 2179 - Laserfiche WebLink

Ordinance No. 2179 Page 6 of 16 5. Special standards for outdoor dining areas with alcoholic beverage service. a. Alcoholic beverages may only be served in sidewalk dining areas which are established in conjunction with a restaurant. For purposes of this section, a "restaurant" is a business operating within an enclosed building which has as its primary purpose the serving of meals prepared on the premises, which devotes the majority of its floor area to food preparation and dining, where table service is provided, and where any bar or liquor service area shall be clearly subordinate in both area of premises devoted to it and share of gross receipts to the primary dining function of the restaurant. b. The sidewalk dining area shall be physically separated from the rest of the sidewalk by an enclosure no greater than three feet and no less than one foot in height. The enclosure shall be compatible with the appearance and design of the building and the rest of the sidewalk dining area and shall be subject to the approval of the zoning administrator. The enclosure shall be placed on the site as approved by the zoning administrator. c. All entrances/exits of the sidewalk dining area shall be posted with signs, subject to the approval of the zoning administrator, stating that alcoholic beverages must be kept within the sidewalk dining area at all times. In addition, small cards shall be placed on each table giving notice that removal of alcoholic beverages from the sidewalk dining area is not allowed. d. The capacity of the sidewalk dining area shall be limited to the number of seats, as approved by the zoning administrator. e. No bar shall be allowed in the sidewalk dining area. f. Empty beverage containers shall be removed from the sidewalk dining area as soon as possible. g. A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of a sidewalk dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. Loss of such license shall automatically constitute termination of the city permit to serve alcoholic beverages in the sidewalk dining area. E. Indemnification/Insurance. The permittee shall defend, indemnify and hold harmless the city and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permittee's use of the public right-of-way. The permittee shall provide to the city in a form and in amounts acceptable to the city attorney, certificates of insurance evidencing the existence of a general liability policy covering the area subject to the permit.