[Ord. No. 305-2017; amended 5-3-2022 by Ord. No. 461-2022]
This subsection applies to all food service establishments in zoning district where outdoor dining is permitted or where a food service establishment is a preexisting use. This section does not apply to any food service establishment that has previously received site plan approval for outdoor dining. Those establishments may continue to operate without the necessity of additional permitting under this section. Furthermore, this section shall not apply to food service establishments within the Washington Street Mall business improvement district.
No person to whom this section applies shall provide outdoor seating within the City without having a mercantile license and without having first obtained an outdoor seating license in accordance with the requirements of this chapter. The Zoning Officer shall be responsible for reviewing and determining whether an applicant qualifies for the issuance of an outdoor seating license pursuant to this chapter and shall make such determination in consultation with the Planning Board Engineer and City Attorney and shall seek input from the subcode officials, Fire Department, Police Department and such other departments as necessary to ensure full compliance with the terms and conditions of this chapter. The license shall then be issued by the City Clerk following the Zoning Officer's final determination. The Zoning Officer shall make a determination within 30 days from the submission of a complete application containing all of the items required under this chapter. If not approved within such 30-day period, the application will be deemed denied unless the applicant agrees to an extension of the time required for the Zoning Officer to make a final determination.
Once approval has been received, no further approval is needed unless there is a change in the outdoor seating plan or a development plan is proposed that requires a full site plan review of the property where the outdoor seating is located. Any new site plan application shall be required to include the existing or proposed outdoor seating plan. A retail food establishment that has obtained site plan approval for its outdoor seating shall not have to submit an application for an outdoor seating license.