Prior to the adoption of Ord. 18460 on 03/21/2005, Section 4-48 read as follows.

(b) A place of business licensed to sell intoxicating malt liquors with an alcoholic content of more than three and two-tenths percent (3.2%) by weight and not more than five percent (5%) by weight and light wine for consumption on the premises may be licensed to sell such products on the public sidewalk adjacent to the place of business. A place of business licensed to sell all kinds of intoxicating liquor at retail or by the drink for consumption on the premises may be licensed to sell such products on the public sidewalk adjacent to the place of business. The following restrictions shall apply to serving and consuming alcoholic beverages on the adjacent sidewalk:

(5) Alcoholic beverages may be served only to persons and consumed only by persons who are seated on a chair or bench provided by the licensee. This provision shall not apply to disabled persons in wheelchairs.

(6) Alcoholic beverages may be served and consumed only in an area enclosed by a decorative barrier. The barrier shall consist of either bollards connected by chains or ornamental picket-style fencing. Bollards, including the base, must be made of black, powder coated steel. The chains must be made of black metal. Fencing, including the base, must be made of black, powder coated steel. Spacing between pickets must be no wider than four (4) inches. Barriers must be no less than thirty-six (36) inches nor more than forty-three (43) inches high and shall not be anchored in the sidewalk. A straight, unobstructed pathway at least sixty (60) inches wide must be maintained on the sidewalk along the entire length of the sidewalk used by the licensee. A licensee shall not keep barriers on the sidewalk during any time of the year when the licensee does not serve food outdoors.

(c) An application for a license under this section shall be accompanied by a written plan demonstrating compliance with subsection (b)(6). The plan must show the location of the business, the adjacent sidewalk, any structure located on the sidewalk, the proposed barrier and the required straight, unobstructed pathway. The plan shall also contain a description of the barrier.