(a) An outdoor open-air permit shall allow the retail sale of alcoholic liquor for consumption on a lot, yard, green or other outdoor open space, provided: (1) The retail sale and consumption of alcoholic liquor is allowed in such space by the applicable local zoning, health and fire marshal officials; (2) the permitted premises is not more than one acre in size; (3) a temporary fence or a wall not less than thirty inches high encloses the permitted area; (4) restrooms or enclosed portable toilets are available either within the permitted area or nearby; and (5) food is available for sale to consumers for consumption on the permitted premises during all hours that the permittee is engaging in the retail sale of alcoholic liquor. Any such food may be prepared on the permitted premises, be provided by a food truck or a caterer or consist of prepackaged items. The availability of area menus for delivery shall be deemed to constitute compliance with such requirement. Nothing in this section shall be construed to require that food be purchased with an alcoholic beverage.

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(b) Tents, mobile units and other temporary fixtures may be included within the permitted premises. A permittee under this section shall maintain the permitted premises in a manner consistent with all applicable local zoning, health and fire requirements.

(c) The outdoor open-air permit shall be issued by the department subject to the limitations on hours of operation for a restaurant permittee, as specified in subsection (a) of section 30-91. No such permit shall be renewable. Any backer of the permittee may apply for only one outdoor open-air permit per calendar year. The provisions of subdivision (3) of subsection (b) and subsection (c) of section 30-39 shall not apply to outdoor open-air permits. The annual fee for each outdoor open-air permit shall be four thousand dollars.

(d) The outdoor open-air permit shall allow the sale at retail of draught beer for off-premises consumption in sealed containers supplied by the permittee. Such sales shall be conducted only during the hours in which a package store may sell alcoholic liquor under the provisions of subsection (d) of section 30-91. Not more than four liters of such beer shall be sold to any person on any day on which the sale of alcoholic liquor is authorized under the provisions of subsection (d) of section 30-91.