7.06.060 Sidewalk Premises Permit.
(A) It shall be unlawful for any person to sell or serve any alcoholic liquor on a City sidewalk or public right-or-way without a valid sidewalk premises permit issued pursuant to this Section. “Sidewalk premises” means an area of a City sidewalk or public right-of-way which is immediately adjacent to a drinking establishment.
(B) The applicant must be the license holder of the drinking establishment immediately adjacent to the sidewalk premises. Application for a sidewalk premises permit must be made to the City Clerk on a form provided by the City Clerk for that purpose. The applicant must provide the following:
(1) The name of the drinking establishment, including the business address, business telephone, and mailing address.
(2) The name, telephone number, mailing address, and e-mail address of the manager of the drinking establishment.
(3) For applications to use an area of City sidewalk, a depiction of the licensed area that includes the following:
(a) A drawing or diagram showing the location of railings or barriers that separate the sidewalk premises from the portion of the sidewalk for pedestrian use; and
(b) A drawing or diagram showing there is a minimum of thirty-six (36) inches width of unobstructed sidewalk reserved for pedestrian use between proposed sidewalk premises and the street curb.
(C) Permits applied for, or issued, under this Section may be approved, denied, or revoked at the sole discretion of the City. Any of the following events may result in revocation:
(1) Fraud, misrepresentation, or any false statement contained in the application for a sidewalk premises permit, or required materials therein; or
(2) Failure to comply with any requirements of this Title.
(D) The sidewalk premises permit holder must comply with the following regulations:
(1) The sidewalk premises and adjoining sidewalk areas must be kept clear of dishes, cups, glasses, litter, food scraps, or any other waste. The entire sidewalk premises area and adjacent sidewalks must be cleaned daily.
(2) The sidewalk premises must be continuously supervised by employees of the establishment during business hours.
(3) The sidewalk premises area must be designated with a railing or barrier. Such railing or barrier must be at least thirty-six (36) inches high.
(4) The City may require modifications of the sidewalk premises area to increase safety, improve passage, prevent damage to the City’s sidewalk or right-of-way, or maintain a style consistent with the surrounding area.
(5) Maintain all required licenses relating to alcoholic liquor.
(E) Establishments with a valid sidewalk premises permit may sell and serve alcoholic liquor, and patrons of the establishment may purchase, possess, and consume such alcoholic liquor within the establishment’s permitted sidewalk premises in accordance with this Title. Establishments must also comply with all State and City laws and ordinances governing the sale, possession, and consumption of alcoholic liquor. (Ord. 19-09 § 3, 2019.)