§31–1103.

    (a)    There is a sidewalk cafe/patio permit.

    (b)    The Board may issue the permit to a holder of or an applicant for a Class B, Class B Restaurant, or Class D license.

    (c)    The permit authorizes the permit holder to sell and serve alcoholic beverages in an area approved by the Board.

    (d)    To maintain a sidewalk cafe/patio permit, the permit holder shall:

        (1)    comply with regulations applicable to the issuance of the underlying Class B, Class B Restaurant, or Class D license;

        (2)    observe all county and municipal ordinances including zoning, fire and health department regulations, and, if applicable, any landlord requirements regarding property usage and noise control; and

        (3)    keep the kitchen open during all hours of operation and have prepared meals available to be served in the sidewalk cafe/patio.

    (e)    (1)    In accordance with this subsection, before granting a permit under this section, the Board must approve the outdoor area of the premises where alcoholic beverages will be provided.

        (2)    The applicant shall submit for the Board’s approval any plan of a proposed renovation or construction of a sidewalk cafe/patio, deck, or other outdoor area on the premises, including the area of the premises where alcoholic beverages will be stored and sold.

        (3)    (i)    The entrances and exits of the outdoor area of the premises must include an emergency exit that opens outward that is approved by the fire marshal and the Board.

            (ii)    If the emergency exit required in subparagraph (i) of this paragraph consists of a latched gate or door, the gate or door must have a functioning panic bar.

        (4)    The Board shall approve the height, size, construction, and security of a fence or privacy shield surrounding the outdoor space of the premises on a case–by–case basis, based on the following factors:

            (i)    the architectural structure of the fence or privacy shield;

            (ii)    the neighborhood within which the premises is situated;

            (iii)    the aesthetic appearance of the fence or privacy shield; and

            (iv)    the security of the premises.

        (5)    With approval from the Board, the premises may include an outdoor serving bar if it also includes outdoor bar seating arrangements.

        (6)    (i)    With approval from the Board, music, live entertainment, or the viewing of televised sporting events may be permitted in the outdoor area of the premises.

            (ii)    In determining whether to approve music, live entertainment, or the viewing of televised sporting events, the Board shall consider the demographic location of the premises with regard to noise violations or maintaining the peace and quiet of the neighborhood.

    (f)    A permit holder may sell or serve alcoholic beverages in the sidewalk cafe/patio every day of the week from noon to midnight.

    (g)    (1)    Notwithstanding § 31–1903(a) of this title, a permit holder shall require at least one employee who has completed a certified alcohol awareness program to be on the licensed premises at all times when alcohol is being served.

        (2)    No alcohol may be served and all alcohol must be secured when there is no employee who has completed a certified alcohol awareness program on the licensed premises.

    (h)    The annual permit fee is $500.