§ 4-269. Extension of sales areas; curb sales.

(a)

Any holder of a Class A license for the sale of malt beverages and wine and any holder of a license for retail sales of distilled spirits for consumption on the premises shall be authorized to extend the area utilized by such licensee to an adjoining building addition, patio, deck area, sidewalk or other expansion, so long as:

(1)

The business operation is under the same business management and the licensed area under the control of the licensee in some manner (either through common ownership or lease by the licensee or an entity affiliated with the licensee, in the case of private property, or through proximity to the licensed premises, in the case of a public sidewalk); and

(2)

Entry of customers into such adjoining building, addition, patio, deck, sidewalk or other expanded area shall monitored or controlled by such licensee (for example, such designated areas may contain a gate or gates for ingress and egress of patrons into the place of business); and

(3)

With respect to sidewalk areas:

a.

Use of the sidewalk area shall not block or materially and substantially impede the flow of pedestrian traffic on such sidewalk, considering the actual width of the sidewalk in the vicinity of such area and also considering any other features of the walking surface, such as obstructions or uneven surfaces;

b.

The licensee shall apply to the city and obtain a permit for the use of such sidewalk;

c.

The city administrator or his designee shall inspect the application for completeness and, if complete, investigate the circumstances of the proposed use of a sidewalk, and upon completion of the investigation, the city administrator or his designee shall present the application to the city council for consideration, and the city council shall be authorized to deny the permit or to issue the permit subject to such terms and conditions as the city deems in the public interest;

d.

In the application for such permit, the applicant shall agree to indemnify the city and hold the city harmless from and against any damage to the sidewalk area;

e.

In the application for such permit, the applicant shall agree to indemnify the city and hold the city harmless from and against any personal injury or property damage to any person arising out of or in connection with the applicant's use of the sidewalk;

f.

No later than the submission to the city of the application for such permit, the applicant shall obtain liability insurance coverage, in the amount of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate, for such indemnification obligation, for the benefit of the city;

g.

With the application for such permit, the applicant shall provide to the city a certificate of liability insurance, in a form acceptable to the city manager, confirming and certifying the existence of such liability coverage; and

h.

Alcoholic beverages shall not be served in glass containers in any such area, but shall instead be served in containers made of plastic or some other similar material that does not pose the same risk of breaking as glass.

(b)

It shall be unlawful for any licensee to sell alcoholic or malt beverages on the streets or sidewalks, or elsewhere, outside of the building, premises, or place of business licensed for such sale, unless the sale of alcoholic or malt beverages in such areas is permitted under this section.

(c)

Businesses with licenses to dispense alcoholic beverages by the drink for consumption on the premises may serve such beverages only within the confines of the licensed building structure; provided, however, that any business with such license which has an outside designated area on private property or on privately leased public property that is actually and permanently attached to the main building, or on a public sidewalk that the city has granted the licensee a permit to use for the sale of such beverages, may serve alcoholic beverages in the designated area. No bar, however, whether permanent or temporary, may be set up in such outside designated area without prior written approval of the city council.

(d)

The sale or dispensing of alcoholic beverages to persons through windows, doors, or other openings to sidewalks, parking lots, or to any other area outside the licensed premises, except for designated areas described above, is prohibited.

(Ord. No. 2013-01, § 5, 10-7-2013)