License commission adopts outdoor-alcohol rules with indemnity agreement and seating requirement

The Springfield City License Commission voted to amend its rules for outdoor alcoholic beverage table service to include an indemnity agreement and to reserve the commission’s authority to require that patrons be seated when served alcohol outdoors.

Licensing counsel explained the amendments grew out of temporary outdoor-dining rules adopted during the COVID emergency and noted the city lacked express indemnity language and additional insured status for some large outdoor events. "Right now at any business that's having outdoor dining that touches public property or sidewalk, the city does not have indemnity and we are not listed as a subsequent insured," counsel said.

Commissioners asked whether outdoor capacity should match indoor capacity and whether the commission could require seated service; staff said the regulations already reserved the commission’s right to require seating and proposed amending the rule to make seated service mandatory for any outdoor alcohol service. Commissioner Cade and others supported a seating requirement to avoid unregulated standing crowds.

The commission voted to approve (1) the revised application language incorporating insurance/indemnity terms, (2) the rules and regulations contingent on adding the mandatory seating requirement for outdoor alcohol service, and (3) the indemnity agreement itself. Several votes recorded unanimous approval of the motions as amended. Staff will implement outreach to businesses currently using outdoor dining to bring their operations into compliance with the new insurance and indemnity requirements.

The commission left specific hour limits for outdoor service to future policy decisions rather than embedding hard times in the regulation text.