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Helpful Requirements
Minneapolis:
(a) Every outdoor area must be approved as part of the original licensed premises or by
the granting of an application for expansion of the licensed premises. Any expansion of
the outdoor area of a licensed premises shall require a public hearing and notification as
described in section 265.300 of this Code
(c) Service and capacity restrictions outside the downtown/eastbank commercial district.
It is the policy of the city council that outdoor areas, located outside the downtown and
eastbank commercial district described in section 360.10, are intended primarily for the
service of patrons at tables and for the consumption of alcoholic beverages in conjunction
with food service. Outside the downtown and eastbank commercial district described in
section 360.10, no bar shall be located in an outdoor area except a service bar for the
exclusive use of employees. Service shall be provided only at tables, however, this shall
not prohibit patrons from carrying beverages from an inside area to the outdoor area.
Customers shall not be allowed to occupy the outdoor area in greater numbers than the
seating or service area capacity permits. An exemption to the service bar requirement of
this subsection may be granted to an establishment which demonstrates that it regularly
maintained a bar open for service to customers in its outdoor area prior to April 1, 1989.
(d) The licensee shall provide food service in all outdoor areas during all hours of
operation. Food service may consist of less than the full menu, but shall at all times offer
a substantial choice of main courses, other food items, and nonalcoholic beverages.
(e) All new and remodeled outdoor areas shall be handicap accessible. All existing
outdoor areas shall comply with building codes relating to handicap accessibility. No
outdoor area shall reduce existing handicap accessibility.
(f) The city council may restrict the hours of operation of an outdoor area based upon
proximity of the area to residential dwelling units, and upon considerations relating to the
safety, repose, and welfare of residents, businesses, and other uses near the establishment.
(g) The city council may require that access to and egress from an outdoor area only be
through the door connecting it to the remainder of the premises, or to property controlled
by the licensee.
(h) The licensee shall be responsible for picking up trash and litter generated by the
operation of the outdoor area within a reasonable distance from the area.
(i) The city council may review the operation of any outdoor area in connection with the
renewal of the on-sale license for the establishment, or at any other time for good cause.
Violation of the terms and conditions of this section shall be grounds for revocation,
suspension, or refusal to renew the on-sale license for that portion of the licensed
premises pertaining to the outside area.
(j) All special restrictions relating to the hours of operation and types of entertainment in
an outdoor area shall be endorsed on an addendum to the license certificate and posted in
the establishment with the license certificate.
(k) In any on-sale liquor, wine, and beer establishment where the licensee has city
council approval to operate an outdoor area, and which is located within the Central
Commercial District, as defined in section 360.10, the licensee is prohibited from serving
any alcoholic malt beverage or non-alcoholic beverage in an original container
manufactured from glass after 11:00 p.m. In addition to the prohibition on serving
alcoholic malt beverages or non-alcoholic beverages in original containers manufactured
from glass, the licensee shall not allow patrons to carry such beverage containers from an
indoor area into an outdoor area. (89-Or-072, § 1, 4-28-89; 91-Or-049, §, 1, 3-29-91;
2000-Or-053, § 1, 6-23-00; 2002-Or-023, § 1, 4-5-02; 2002-Or-077, § 3, 8-9-02; 2003-
Or-008, § 1, 1-31-03; 2005-Or-095, § 1, 10-21-05; 2009-Or-103, § 1, 10-2-09)
New Brighton:
Outdoor dining in conjunction with a licensed food establishment. Adequate
(15)
screening, fencing and/or other requirements may be imposed to ensure that such use
does not have a detrimental impact on the adjoining properties or the general public. The
Council may authorize outdoor dining areas to encroach upon the required front yard
setback up to 15’ subject to the following additional conditions:
a. The outdoor dining area shall be adjacent to the principal building and primary
access shall be provided from within the principal building.
b. The design of the patio area and any fencing and landscaping shall be such that
sight lines in and out of existing or proposed access points are not obstructed.
c. Temporary structures shall not be allowed within the outdoor dining area.
d. Banners, streamers or other types of permanent or temporary signs shall not be
placed or displayed in outdoor dining areas.
e. The patio does not take on characteristics of a building having a roof and/or
walls.
f. The City Council may impose additional conditions as deemed necessary to
protect the public health, safety and welfare.