§ 6-154. Use of open areas, patios or decks.

(a)

Except as provided in subsections (b) or (c) of this section, it shall be unlawful for any person to sell, serve or otherwise dispense alcoholic beverages outside the licensed premises structure.

(b)

The premises of a consumption licensee shall include any patio, deck, open or outside area that is located immediately adjacent to the main licensed facility and located on property owned, leased or controlled by such licensee. Such area shall be approved by the city subject to review to ensure the safe and orderly operation of the premises, including but not limited to, maximum capacity, ingress, egress, and the provisions of appendix A - Unified Development Ordinance, title 2, chapter 240, article 3, subsection 240-13(c)(1), if applicable.

(c)

A consumption licensee may be issued a temporary permit by the city manager or designee authorizing the licensee to sell, serve or otherwise dispense alcoholic beverages in a patio/open area type environment as allowed in subsection (b) of this section while exempting the licensee from complying with subsections (b)(4) and (b)(6)—(b)(8) of this section. To be considered for approval, the following requirements must be met:

(1)

A person seeking issuance of a temporary permit shall file in writing an application with the office of the city manager on forms provided by the city. Such application shall be filed not less than 14 days, nor more than nine months before the date on which the proposed special event is to be conducted;

(2)

Licensee is limited to one one-day temporary permit during any six-month period;

(3)

A temporary permit fee shall be set by the mayor and council and be based upon the number of attendees predicted to attend the event;

(4)

The licensee shall comply with all permit directions and conditions;

(5)

If the patio/open area includes any parking area the licensee must provide documentation that alternate parking arrangements have been made;

(6)

The patio/open area must be enclosed by some structure providing for public ingress/egress through the licensed premises main structure and/or other openings in the enclosure structure authorized by the permit.

(d)

The city manager shall use the following criteria when evaluating approval of a temporary permit pursuant to this section:

(1)

The impact and cost of the event on the public health, welfare and safety;

(2)

The impact and cost of the event on city support services;

(3)

The impact of the event on the environment;

(4)

The proximity in time to the same or similar event(s);

(5)

The impact on the surrounding businesses or residences.

(e)

Nothing contained in this section shall prohibit a hotel or motel or restaurant within a mixed-use development with a consumption on the premises license from making sales and allowing consumption of alcoholic beverages in ballrooms, meeting rooms, reception rooms, or patio areas, provided such functions are catered in connection with a meeting, conference, convention, or similar type gathering at such hotel or motel.

(Ord. No. 641, pt. I, 4-17-12; Ord. No. 679 , pt. I, 6-16-15; Ord. No. 741 , pt. VI, 8-15-17)