City of Nashua, NH Article I Public Consumption; Open-Air Cafes

[NRO 1975, T. 15, § 601 (Sec. 3-1 of the 1987 Code); amended 10-30-1980 by Ord. No. O-80-85; 5-28-1996 by Ord. No. O-96-40; 12-26-2001 by Ord. No. O-01-176]

§ 83-1 Consumption on streets and sidewalks.

It shall be unlawful for any person to consume any alcoholic beverage upon any street or sidewalk of the City.

§ 83-2 Open-air cafes.

Consumption of alcoholic beverages is authorized and licensed in any open-air cafe area operated by a food service establishment or temporary food service establishment licensed under § 170-1 and, where applicable, holding licenses under §§ 285-9 and 285-11. An open-air cafe license is subject to authorization for alcohol sales from the State Liquor Commission.

§ 83-3 License required to encumber street or sidewalk area.

No open-air cafe license under § 170-1 shall be issued for part of any street, lane, sidewalk, or other public place in the City without the applicant first obtaining a license from some person authorized to grant a license to obstruct or encumber such an area as provided for under §§ 285-9 and 285-11. Such license-to-encumber shall define the limits or boundaries of the encumbrance and shall be posted in public view in every food service establishment or temporary food service establishment for which the encumbrance was obtained as a condition of licensure for an open-air cafe.

§ 83-4 Revocation of licenses.

Open-air cafe licenses may be revoked by the Board of Health under Chapter 170, and licenses-to-encumber may be revoked by the Board of Public Works under Chapter 285.

§ 83-5 Violations and penalties.

Violations of this article shall be punishable in accordance with § 1-12.