LICENSEE EXPANSION OF PREMISES
Q: Should I file an alteration if I plan to use an expanded area permitted under this Guidance on more than a temporary basis?
A: Yes, you should file an alteration. You may still use that area in accordance with this guideline while the alteration application is pending by sending a diagram of the expanded area within 5 days.
Q: If I am expanding with authorization of the municipality onto municipal property that is immediately adjacent to my premises (a sidewalk cafe), do I need to do anything?
A: Yes, you must within 5 days of beginning use of such area submit a diagram to the SLA incorporating this area into your licensed premises.
Q: If I am expanding on to municipal property that is beside, but not immediately adjacent to my premises, do I need to do anything?
A: Yes, you must contact your municipality regarding its filing of a Municipal Extension form before any expansion is permitted by the SLA. You should also provide your municipality with the completed certification form required for municipal applications.
Q: As a municipality, what must we submit to the SLA to create outdoor dining areas (Municipal Extensions) for alcoholic beverage consumption on municipal property (e.g., streets and sidewalks) which are beside, but not immediately adjacent to, an SLA licensed establishment?
A: The SLA wants this to be as streamlined as possible for businesses, municipalities, and the SLA. We want businesses to be able to extend their footprint for food and beverage service quickly and safely and we want to work cooperatively with municipalities to address any related health and safety issues. To that end, we’ve created a simple application process to create a partnership with municipalities creating outdoor dining areas on municipal property which requires only three items: (1) a supervision and control plan from the municipality, (2) a simple block plot diagram, and (3) a certification from the licensed businesses intending to operate on municipal property. Review of Municipal Expansion forms will be prioritized and reviewed expeditiously.
Q: As a municipality, can you tell us what you are looking for in the supervision and control plan we will be submitting to you?
A: Some best practices include: a description of how patron safety will be ensured and noise will be controlled (for example, through regular directed patrols by police and/or other municipal agencies and the erection of barriers between dining areas and vehicular traffic); proper delineation of areas provided for each licensee; consideration of hours permitted for outdoor operation; consideration of how and whether outdoor music will be permitted, etc.
Q: As a municipality, can we under our municipal extension plan make public lands available to a licensed on-premises business for alcoholic beverage service that are not in front of the licensed premises?
A: No, any area of expansion for alcoholic beverage service must be in front, behind, or to the side of the licensed premises and within its property boundaries as extended straight out and perpendicular to the street or sidewalk fronting the building. A municipality may provide authorization to a licensee to use the public land immediately adjacent to the licensed premises (e.g. through a sidewalk cafe permit) without need to include such land in a municipal extension plan. However, any public land that a municipality authorizes a licensee to use that is not immediately adjacent (i.e., separated by a pedestrian thoroughfare), shall only be permitted by the SLA pursuant to a municipal extension plan. Please note the only area which may intervene between the public space being made available and the property line of the licensed premises is a pedestrian thoroughfare.
Q: As a municipality, what should the diagrams for our Municipal Extension area(s) look like?
A: A simple block plot diagram identifying the licensed establishments and the area(s) to which alcoholic beverage service would be extended for each licensed establishment will suffice.
Q: As a municipality, if we want to add more licensed businesses to our approved or pending Municipal Extension plan, what should we do?
A: You only need to submit the additional certification forms for those businesses, referencing the date the Municipal Extension plan was first submitted.
Q: My municipality has granted me a sidewalk/street permit in an area which is beside but not immediately adjacent to my licensed premises, do I need to do anything else if I want to serve alcoholic beverages in this area?
A: Your municipality must submit a Municipal Extension form for approval to the SLA, which should include the space it has provided to you (and any other licensee) along with your completed certification form.