I would be hesitant to apply this strategy. I have encountered similar proposals before but don't think I have ever seen them operate the way they are proposed. Maybe your situation is iron-clad and acceptable from an enforcement angle but typically I would suspect that when it rains, the outdoor bar patrons move indoors....or vice-versa. Plus, the ever present desire to serve as many people as possible could lead to overflow, even if the bar isn't serving. I understand the desire to add outdoor space, we are all encountering many such proposals now, and a fair number of them are trying to employ strategies that don't increase the occupant loads so they can avoid both fixtures and sprinklers. If people go into the "closed" establishment to use the restrooms, then in many ways, the establishment isn't closed. As classicT recommended, sit down with the CBO, and keep us posted.