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(10) Beverages may be served in outdoor/seasonal dining facilities only <br />if the following conditions are met: <br />(A) Such beverages are served as part of the service of food <br />and meals; <br />(B) Beverages shall not be served in cans or glass bottles so <br />as to protect adjacent property owners from excessive <br />litter and trash; <br />(C) Alcoholic beverages as permitted by the State of Ohio <br />Liquor Board. <br />(11) Outdoor/seasonal dining facilities shall operate only between the <br />hours of 11:00 a.m. and 10:00 p.m. Sunday through Thursday, <br />11:00 a.m. Friday to 1:00 a.m. Saturday and 11:00 a.m. Saturday <br />to 1:00 a.m. Sunday, only between the months of April through <br />October inclusive. The limitations are to assure adequate peace, <br />quiet and serenity in the evening and morning hours during which <br />residents of the City are entitled to enjoy a period of rest and <br />relaxation without intrusion from the possibilities of excessive noise <br />and activity in adjacent areas; <br />(12) Any approval, if granted, for outside entertainment, whether by <br />band, orchestra, instrument, musician, singer, radio, television, <br />loudspeaker, microphone, recital or any other individual, group or <br />mechanical device shall only be permitted in an outdoor/seasonal <br />dining facility pursuant to Chapter 515 of the Ordinances of the <br />City. The Commission may prohibit or provide for other <br />restrictions and conditions related to such entertainment as it <br />deems necessary to protect the surrounding neighborhood; <br />(13) A Conditional Use Permit issued pursuant to subsection 1161.03(t) <br />shall expire twelve (12) months after the date of issuance. <br />Notwithstanding anything in this Chapter or this Section to the contrary, <br />where the Commissioner determines, after compliance with the <br />requirements of Section 1173.02, that a permit holder seeking renewal of <br />a permit issued pursuant to this Section has remained in compliance with <br />the conditions of said permit, the Commissioner may issue such renewal. <br />shall be and is hereby amended to read as follows: <br />(t) Outdoor/Seasonal Dining Facility. Any person operating a restaurant, bar, <br />tavern, or nightclub use (as used in this section, a 'Restaurant Use") in the C1 <br />Outdoor Dining: Proposed Changes to Zoning Code Page 5 of I I <br />Revised: 3/2/2009 <br />