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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 pail 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 properly, 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. A barrier on some or all sides of the Outdoor /Seasonal Dining <br />Facility may be required. The Planning Commission will make a <br />determination as to the extent and location of a barrier necessary <br />for the Outdoor /Seasonal Dining Facility. Any such barrier shall be <br />in accordance with the Outdoor Dining Design Guidelines. <br />(10)The Outdoor /Seasonal Dining Facility must have adequate illumination <br />during evening hours in accordance with the Outdoor Dining Design <br />Guidelines. All lighting will be designed to minimize the intrusive <br />effect of glare and illumination upon abutting areas, especially <br />residential properties. <br />(I1)Buffering with landscaping or fencing of the Outdoor /Seasonal Dining <br />Facility, if the facility is adjacent to residential or sensitive uses, may <br />be required. Buffering requirements will be determined by the Planning <br />Commission and shall be in accordance with the Outdoor Dining <br />Design Guidelines. <br />(12)An Outdoor /Seasonal Dining Facility need not require additional off - <br />street parking unless the Planning Commission determines otherwise, <br />or unless the Outdoor /Seasonal Dining Facility creates an overflow <br />parking problem on adjacent public streets. Should a parking problem <br />