§ 12.13.066. Additional standards for serving alcohol.

In addition to the standards set forth in Section 12.13.065, all permittees serving alcohol in a sidewalk dining area must conform to all of the following requirements:

A.

Prior to serving alcohol in a sidewalk dining area, the abutting property must possess both a valid on-sale alcoholic beverage license pursuant to Division 9, commencing with Section 23000, of the California Business and Professions Code of Type 41 (on-sale beer and wine eating place) or of Type 47 (on-sale general eating place), or of their successor types and an expansion of the licensed premises to include the dimensions of the sidewalk dining area.

B.

Alcohol may be served in a sidewalk dining area only to the extent that a valid sidewalk dining occupancy permit is otherwise in effect.

C.

The sidewalk dining area shall be entirely contiguous with the abutting property and shall be defined by a physical barrier designed to control ingress and egress which shall be reviewed and approved by the director and the planning director.

D.

A permittee serving alcohol within a sidewalk dining area shall post conspicuously within the sidewalk dining area a sign which reads: "People consuming alcohol outside of this sidewalk dining area are subject to arrest. PMC Section 9.24.010."

E.

A permittee serving alcohol within a sidewalk dining area shall neither use nor allow any free-standing card or any posted placard or sign of any size or kind promoting alcohol service or beverages within the sidewalk dining area.

F.

A permittee serving alcohol within a sidewalk dining area shall place before every patron, either as a notation on the menu or as a table card, the following message: "Service of alcohol is provided to enhance the outdoor dining experience. The management strongly encourages the ordering of alcohol only in conjunction with food service."

G.

Alcohol shall be served in its original containers or in nondisposable glassware.

H.

The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The permittee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the business. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the director on demand.

I.

Any other conditions which the director should find to be in the interest of the public health, safety or welfare.

(Ord. 6524 § 1 (part), 1993)