§ 6-197. Open area and patio sales.

(a)

A licensed location may sell alcoholic beverages for consumption in a patio or open-air environment if the establishment has been approved to do so by the planning and development director.

(b)

The requirement for approval is that the patio/open area be enclosed by some structure providing for public ingress/egress only through the main licensed premises. The purpose of this requirement is to prevent a customer from leaving the outside sales area with an open drink without the licensee's knowledge.

(c)

The height of such structure shall be a minimum of three feet above ground level. It does not have to be solid, nor does it have to restrict visibility into or out of the patio/open sales area. It must be permitted and approved by the city's planning and development department and the county's fire department as required by their governing regulations or codes.

(d)

The only exit from this area is to be through the licensed establishment's main premises and through an approved fire exit (not for general public use unless an emergency exists). The fire exit should be of the type that sounds an alarm so that the establishment will be alerted in the event of unauthorized use when no emergency exists.

(e)

In the event that a licensee desires a patio/open sales area inside an existing structure, plans will be reviewed and approved on an individual basis by the planning and development director. Interior type patio/open sales areas must also meet the requirements of the development and fire codes.

(f)

Nothing contained herein shall prohibit a hotel or motel 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 of such hotel or motel; provided, such functions are catered in connection with a meeting, conference, convention or similar type gathering at such hotel or motel. "Patio areas," as that term is used herein, do not have to conform to the standards in this section.

(Ord. No. 2015-06, 4-27-2015)