Loading...
Permanent Outdoor Service Area Application - 3.2021Permanent Outdoor Service Area on Private Property (4-3-1) Applicant Information Applicant Name ________________________________________________________________ Establishment _________________________________________________________________ Address _________________________________________________________________ Contact Person _________________________________ Phone __________________________ Email _________________________________________________________________________ Property Owner _________________________________________________________________ Required Information (Answer every question below) What zone is the establishment located in? ____________________________________ Does the outdoor service area front a street? Yes | No Is the outdoor service area within 100’ of a residential zone? Yes | No Is the outdoor service area on a rooftop? Yes | No Is the establishment a “restaurant”? (see requirements) Yes | No What are the hours of operation for the outdoor service area? _________________________ What is the occupant load of the establishment? ____________________________________ Submittal Information (Provide Separate documents for the below checklist) ___ Outdoor service area diagram. Accurately show seating, tables and fence location. ___ Kitchen diagram. Show kitchen layout and all kitchen equipment. ___ Outdoor service area lighting plan. ___ Noise mitigation plan. ___ List of names and addresses of owners of abutting properties and properties within 100’. ___ Amended state application to include outdoor service area. https://elicensing.iowaabd.com Acknowledgment The person(s) making this application hereby agrees, if a permit is granted, to comply at all times, and observe all provisions of Chapter 123, Code of Iowa and all laws of the State and the rules and regulations promulgated by the Iowa Beer and Liquor department related to liquors, alcohol and malt or brewed beverages. Applicant Signature For City Staff Use Only: ___________________NDS/Zoning Approved ___________________ City Clerk Approved Requirements Outdoor Service Area Definition: An area outside of but immediately adjacent to a building housing a licensed premises, which area has been approved for use for the sale, dispensing or consumption of alcoholic beverages or beer pursuant to the provisions of this title, chapter 123, code of Iowa, as amended, and chapter 150 of the Iowa administrative code, as amended. An outdoor service area shall include any outdoor area where beer or liquor is to be sold, served, carried or consumed by the public and shall be considered as part of the licensed premises. The same federal and state laws and local ordinances which apply to the licensed premises shall also apply to the outdoor service area. [4-1-1 City Code] Regulations: (See code 4-3-1 for complete details) • Must be on private property. May not encroach on the public right of way. • Must be immediately adjacent to licensed establishment. • May be located on a rooftop. See code section 14-4C “Accessory Uses and Buildings” for provisions. Hours of Operation: • 7:00AM to 10:00PM daily or when the kitchen is closed; whichever is earlier if located with 100’ of a residential zone or in the RFC-G zone. • 7:00AM to 10:00PM Sundays thru Thursdays; 7:00AM to 12:00 midnight on Fridays and Saturdays or when the kitchen is closed, whichever is more restrictive for other RFC Zones. Screening: • Must have a permanent decorative fence or barrier at least 3’ in height and no more than 8’ which is detectable by person who are visually impaired. Occupancy Limits: • Must observe the same occupancy limits that apply to the building which it abuts. • May not exceed 30 persons if located within 100’ of a residential zone. Noise: • Must be designed to minimize the carry of noise outside the outdoor service area. Compliance with city noise ordinance is required. Amplified sound is prohibited. Advertising and Signs: • Additional signage beyond that permitted for the licensed establishment is prohibited. Restaurant requirement: • Must be operated in conjunction with a restaurant* if the outdoor service area is located on a side of licensed establishment that fronts a street. • Must be operated in conjunction with a restaurant* if the outdoor service area in in the CO-1, CN- 1, CH-1, CI-1, CC-2 zone and is located within 100’ or a residential zone. *RESTAURANT: A business whose primary function is the service of food to customers and which meets the following criteria: Y N A. Prepares meals on the premises and provides meal service to each floor of the premises which is open to the public while the kitchen is open; B. Has a food service menu from which customers may order; C. Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers; D. Has a kitchen separate from the bar equipped with adequate cooking equipment; adequate hood ventilation system that complies with state/local fire and building codes; two 3- compartment sinks or a commercial dish machine; adequate food storage, refrigeration, and holding equipment. Kitchen must meet basic food requirements of a full-service food establishment as certified by the Johnson County Health Department. E. Operates the restaurant service during at least sixty percent (60%) of the hours that the business is open to the public; and F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises. G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, or tearoom