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determined by the Planning Commission on an individual basis specific <br />to individual site conditions after review and recommendation by the <br />Director, Building Commissioner, Police Chief and Fire Chief. <br />(7) The total number of seats for the Outdoor /Seasonal Dining Facility <br />shall not exceed 25% of the maximum number of previously approved <br />indoor seats for the Restaurant Use. The final number of seats for the <br />Outdoor /Seasonal Dining Facility will be determined by the Planning <br />Commission upon review of the amount of space available, the ADA <br />and the Building Code. <br />(8) Applicants who serve alcoholic beverages as part of their Restaurant <br />Use 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 <br />City harmless from any claims, liability or damages arising from <br />the operation or location of the Outdoor /Seasonal Dining Facility, <br />and shall provide an insurance policy in an amount approved by <br />the Director of Law with the City named as an additional insured. <br />Upon approval of the Outdoor /Seasonal Dining Facility <br />conditional use by the Planning Commission, the Director is <br />authorized to enter into the Use of Public Property Agreement on <br />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 />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 />