A. Purpose: The purpose of this section is to promote the safety, health and general welfare by creating certain conditions and restrictions on, and to otherwise provide for the regulation of, beer gardens in the city.
B. Definition: A "beer garden" is defined as an open air, roofed, or unroofed area adjacent to or accessory to a class A intoxicating liquor and/or fermented malt beverage licensed premises, where beer and other alcoholic beverages are served and consumed.
C. License Required; Fee: No person shall hereafter keep, maintain, conduct or operate any "beer garden" as defined in subsection B of this section without first obtaining a beer garden license and payment of the fee as provided in subsection 2-1-26J of this chapter.
D. Investigation Of Applicant; Approval Or Denial Of License: All applications for beer garden licenses shall be referred to the zoning administrator for investigation. The zoning administrator shall furnish the city council with a recommendation in writing as to whether the license should be granted. Upon approval by the city council, and confirmation of payment of the liquor license fee, the city clerk shall issue the license authorizing a beer garden license to the applicant. The city council shall have discretion to refuse the granting of any license or transfer thereof if, in its judgment and sole discretion, the granting or transfer of such license shall be against the public interests, either because of the unsuitability of the location, undesirability or unreliability of the applicant or applicant's manager or because of the failure of the applicant or applicant's manager to observe the provisions of the city ordinances in the prior conduct of business.
E. Conditions Of License: No beer garden shall be permitted, maintained, or operated except in conformity with the following:
1. There shall be constructed and maintained at least a six foot (6') high fence on all sides of the beer garden area. The fence shall contain such fire exit(s) as directed by the zoning administrator and the city council. The gate(s) or exit(s) of the fence shall be the same height as that required of the beer garden fence, shall swing to egress, shall be equipped with proper hardware, and shall swing free and clear of public sidewalks.
2. If the beer garden has a stage adjacent to the perimeter of the beer garden, the stage shall not be taller than two feet (2') and the fence at the stage must be eight feet (8') high surrounding the stage. The stage must have steps that conform to all national, state, and local codes, as well as railings approved by the zoning administrator. The exits and the beer garden shall have adequate lighting and shall conform to all safety regulations that apply. The beer garden shall be accessible only from the main building to which it is attached and shall not be accessible from the outside.
3. All electrical and plumbing work shall comply with national, state and local codes.
4. The ground shall be of a fire resistant material and shall not be subject to mud or other slippery conditions in the event of rain.
5. The operation of the beer garden shall be restricted to the hours applicable to a class A liquor license per subsection 2-1-17
A of this chapter.
6. The beer garden shall have a maximum capacity of one person for each ten (10) net square feet of the floor area of the beer garden. The capacity of the beer garden shall be posted in the beer garden.
7. Any noise emanating from the beer garden shall not violate the ordinances of the city or any other regulations pertaining to noise and disturbances. Noise from the beer garden shall not interfere with neighbors' enjoyment of their property. (Ord. 02-2012, 3-12-2012)
F. Suspension Or Revocation Of License; Penalties: Any violations of this section, including disturbances of the peace, may result in the suspension or revocation of the owner's or operator's license(s) and, in addition, shall result in a fine of not less than one hundred dollars ($100.00) for a first offense and not less than seven hundred fifty dollars ($750.00) for each subsequent offense. Each day during which a violation continues beyond the specified time for correction shall constitute a separate punishable offense. (Ord. 02-2012, 3-12-2012; amd. 2017 Code)