2026 2 2 Work Session Packet website

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PROPOSED AMENDMENTS TO TITLE 8-III (BEER) 
Page 8 of 20 
 
iv. Under this section the term "on premises" is defined as any portion of the 
building interior and any deck, patio, porch or other outdoor serving area 
that: 
 
A. Is only accessible from the interior of the principal structure housing 
the restaurant; and 
 
B. Is fully enclosed by a permanent fence that is attached to the 
principal structure housing the restaurant, with the fence or wall 
made of brick, stone, wrought iron, or exterior wood panels with a 
minimum height of 48 inches with maximum spaces between rods, 
spindles or boards of four inches and such that a four -inch sphere 
cannot pass between any rods, spindles or boards. If an emergency 
exit is required by any regulation, ordinance or law within the fence 
or wall, it shall be clearly marked as an emergency exit only and 
used only for this purpose. The emergency exit shall be equipped 
with an alarm which emits an audible sound when the exit gate or 
door is opened. The fence or wall shall be permanently affixed to 
the ground per the building official's recommendation and approval. 
Any deck, patio, porch or other outdoor serving area and the fence 
or wall shall comply with any applicable provisions of the building 
code.   (NOTE: Moved to 8-87 Definitions) 
 
v. Prior to any existing or new restaurant adding an outdoor dining area 
wherein beer may be sold for consumption, the owner of the restaurant and 
the permit holder shall submit a site plan for the outdoor dining area which 
meets the requirements of ACC 14 -96 to the city regional municipal 
planning commission for approval. The site plan shall show that the new 
outdoor serving area meets all requirements of the zoning district it lies 
within, to include, but not be limited to, parking and land coverage 
requirements. The site plan shall show that the new outdoor serving area 
meets all requirements of the landscaping and stormwater ordinances. 
 
b) Brewpub.  
 
i. There shall be no limitations on t he number of beer permits issued to 
brewpub as defined in this subsection. 
 
ii. The minimum distance from schools, churches, or other places of public 
gathering required for a brewpub is 300 feet.  
 
iii. The term “brewpub” means an eating and drinking establishment in which 
beer is manufactured on the premises by a brewery properly licensed, where 
the primary use of the establishment is the service of food and beer for on-
premises consumption, and where the manufacture of beer is incidental and 
subordinate to the restaurant.