Modesto Municipal Code Art. 2 Alcoholic Beverage Restrictions Applicable to Outdoor Dining Areas

The service of alcoholic beverages in an outdoor dining area shall be limited to a "bona fide public eating place" as defined by the California Business and Professions Code. Bona fide public eating places are licensed premises that are maintained in good faith and used for the regular service of meals to patrons. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Each of the following standards apply to outdoor dining areas which provide alcoholic beverage service:

(a) Barriers. The outdoor dining area must be clearly and physically separated from pedestrian traffic. All barriers, railings or fences placed around the dining area shall be in place during hours of operation to clearly define the area. The spacing, if any, between barriers, railings, fences or planters must prevent pedestrian traffic through them.

(b) Written Notice. The business operator shall post a written notice to customers that drinking or carrying an open container of alcohol is prohibited outside the outdoor dining area.

(c) State Licensure. The outdoor dining area operation must be duly licensed by the State Department of Alcoholic Beverage Control. The City of Modesto requirements and restrictions for the service of alcoholic beverages in outdoor dining areas shall not be less than those required by the State Department of Alcoholic Beverage Control.

(d) Exits. Any and all exits from the bona fide public eating place to be used for the service of alcoholic beverages to the outdoor dining area must be included in the outdoor dining encroachment permit issued pursuant to this chapter.

(e) The service of alcoholic beverages shall be restricted solely to on-premise consumption by customers within the outdoor dining area.

(f) Outdoor dining areas shall not be used primarily for alcoholic beverage consumption, and the opportunity to order food from the dining establishment's menu shall be made available at all times when alcohol is served.

(g) Police Department approval is required for alcohol sales after midnight in outdoor dining areas.

(Ord. 3407-C.S., § 1, effective 5-25-06; Ord. No. 3582-C.S., § 1, effective 2-22-13)