(1) Notwithstanding any other provision of this article 3 or article 4 of this title 44 and subject to the approval of the state and local licensing authorities, a communal outdoor dining area may be shared by two or more persons licensed for on-premises consumption, including an approved sales room, under this article 3 or article 4 of this title 44. (2) A licensee shall not sell or serve alcohol beverages in a communal outdoor dining area unless: (a) The licensee obtains a permit from the state licensing authority and pays the permitting fee established by rule; and (b) The state and local licensing authorities have first approved: (I) Attaching the license to the communal outdoor dining area; and (II) A modification of the licensed premises of each attached licensee to include the communal outdoor dining area. (3) This section does not apply to a special event permit issued under article 5 of this title 44 or the holder of the permit unless the permit holder holds a special event at an existing communal outdoor dining area and agrees in writing to the requirements of this article 3 for and the local licensing authority for the communal outdoor dining area. (4) To be approved, a communal outdoor dining area must be within one thousand feet of the permanent licensed premises of each of the licenses attached to the communal outdoor dining area. This distance must be computed by direct measurement, using a route of direct pedestrian access, from the nearest property line of the land used for the communal outdoor dining area to the nearest portion of the building where the permanent licensed premises is located. (5) If a violation of this article 3 or article 4 of this title 44 occurs within a communal outdoor dining area and the licensee responsible for the violation can be identified, that licensee is subject to discipline as set forth in section 44-3-601. If the licensee responsible for the violation cannot be identified, each attached licensee is deemed jointly responsible and subject to discipline for the violation. (6) The state licensing authority shall promulgate rules governing communal outdoor dining areas, including rules governing: (a) Applications; (b) Modification of the licensed premises to include a communal outdoor dining area; (c) Supervision and control of the communal outdoor dining area by the attached licensees; (d) Submission to and approval of security and control plans by the state and local licensing authorities; (e) Removal of alcohol beverages from the communal outdoor dining area; (f) Special events held within a communal outdoor dining area; and (g) Insurance requirements.
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