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Commission upon review of the amount of space available, the ADA and <br />the Building Code. <br />(8) Applicants who serve alcoholic beverages as part of their Restaurant Use <br />must meet all requirements of the Ohio Department of Commerce, <br />Division of Liquor Control, and the following standards: <br />A. Where an Outdoor/Seasonal Dining Facility or any portion of an <br />Outdoor/Seasonal Dining Facility is located on public property, the <br />owner of the facility shall sign a Use of Public Property Agreement <br />approved by the Director of Law that indemnifies and holds the City <br />harmless from any claims, liability or damages arising from the <br />operation or location of the Outdoor/Seasonal Dining Facility, and <br />shall provide an insurance policy in an amount approved by the <br />Director of Law with the City named as an additional insured. Upon <br />approval of the Outdoor/Seasonal Dining Facility conditional use by <br />the Planning Commission, the Director is authorized to enter into <br />the Use of Public Property Agreement on behalf of the City. <br />B. The Outdoor/Seasonal Dining Facility must be enclosed with a <br />sturdy barrier in compliance with the Building Code, the ADA, the <br />Outdoor Dining Design Guidelines and any additional directives of <br />the Chief of Police. Said barrier shall not be less than 36 inches in <br />height and shall clearly designate the area where food and/or <br />beverages shall be permitted to be served and consumed. <br />C. The entrance to the Outdoor/Seasonal Dining Facility must be <br />easily recognizable and adjacent to or as close to a publicly used <br />door of the Restaurant Use as is commercially practicable in the <br />Planning Commission's determination. <br />D. Food Service, as defined in Section 1103.02 of this Code, shall be <br />offered at all times when alcoholic beverages are served in the <br />Outdoor/Seasonal Dining Facility. <br />E. Applicants shall not permit customers to carry alcoholic beverages <br />from the Outdoor/Seasonal Dining Facility to any place outside the <br />Outdoor/Seasonal Dining Facility except the adjacent Restaurant <br />Use, and the facility shall be designed in a way so as to maintain <br />compliance with this provision, <br />(9) Applicants who do not serve alcoholic beverages as part of their <br />Restaurant Use must meet the following standards: <br />Outdoor Dining: Proposed Changes to Zoning Code Page 8 of I 1 <br />Revised: 3/2/2009 <br />