Section 4-48 Sidewalk cafes.
Prior to the adoption of Ord. 22044 on 04/21/2014, Section 4-48 read as follows.
(a) It shall be unlawful for any person to serve an alcoholic
beverage on a public sidewalk
without a license under this section.
(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
(1) Alcoholic beverages can only be served between 11:00
(2) All alcoholic beverages served must be consumed by
(3) All alcoholic beverages served must accompany
a food order.
4) Only alcoholic beverages served by the licensee may be consumed
on the 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
or alcoholic beverages
7) All alcoholic beverage sales must comply with the statutes
and regulations of the state.
8) These areas shall be nonsmoking.
(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
(d) There shall be no fee charged for a license issued
under this section.
(Ord.No. 18460; § 1, 3-21-05)