§ 6-198. Use of open areas, patios or decks.

Consumption or sale of beer, wine or distilled spirits in open areas or on decks or patios is not permitted unless a private club holding a license for consumption of beer, wine or distilled spirits on the premises complies with the following regulations:

(1)

The open area, patio or deck must be enclosed in a manner that directs ingress and egress by the public through a single entrance, which entrance shall be under the control of the licensee.

(2)

The open area, patio or deck shall be enclosed by a structure at least 42 inches in height as measured from the floor of the open area, patio or deck. Such structure must meet all building code requirements of the city.

(3)

Any license holder desiring to obtain approval for open area, patio or deck sales must submit to the city building inspector a complete set of plans before approval for such sales may be granted. All plans and final construction pursuant to such plans shall meet the requirements of this chapter, the health code, the fire code and any other codes applicable to such structures. A written approval from the city building inspector, city clerk, county health department and county fire department must be provided to the city before approval of any open area, patio or deck sales.

(4)

Any structure or area set aside for open area, patio or deck sales shall not contain a number of square feet that represents an amount greater than 40 percent of the existing seating area of the establishment.

(5)

Loudspeakers or other amplifiers of sound shall not be permitted on open areas, patios or decks.

(Code 1982, § 9-2-88; Ord. No. 365, § III, 7-10-92)