(A) Any holder of a Class B and/or Class D liquor license issued by the city shall apply to the Liquor Control Commissioner for issuance of a special permit to operate a beer garden on his or her premises. The Commissioner shall act upon the application within ten days of receipt of the application.
(B) Any liquor licensee applying for a permit is required to pay a $50 special permit fee to the City Collector on May 1 of each succeeding year.
(C) The special permit issued to a liquor licensee shall be effective from January 1 to December 31 each year. The hours of operation shall be from 11:00 a.m. to 11:00 p.m. Monday through Thursday, from 11:00 a.m. to 12:00 a.m. Friday and Saturday, and from 12:00 p.m. noon to 12:00 a.m. Sunday. On Memorial Day, Labor Day and the Fourth of July, the hours shall be extended to 12:00 a.m.
(D) Any licensee whose property is directly adjacent to a residential unit shall erect a privacy fence or other similar structure to cordon off the area known as the beer garden. Any structure erected in this regard shall be in conformity with the Planning and Zoning Code of the city.
(E) No music shall be played on the property commonly known as the beer garden.
(F) No special lighting device shall be constructed in the beer garden area without the inspection and permission of the Electrical Inspector.
(G) The licensee shall be held solely responsible for the conduct of his or her patrons in the beer garden area.
(H) The licensee shall keep the beer garden area free of debris. The minimum lot size of the beer garden area shall be 100 square feet.
(I) No food shall be prepared outside of approved kitchen facilities. Food must be prepared, refrigerated and the like, in accordance with city public health laws.
(J) Floors shall be of a hard surface, i.e., concrete, asphalt or brick material. There shall be an enclosed area that prohibits unrestricted access to the beer garden area from a public way. The beer garden area shall have hot and cold running water available by outlets on the outside of the building. The area shall be flushed down daily to prevent any accumulation of food or grease from spillage of any kind that may attract rodents.
(K) An enclosed area is preferable to an open area where food or drink could possibly be thrown at passing vehicles or people. Littering of streets and/or sidewalks would be minimal.
(L) Only single service tableware, cups and utensils shall be used.
(M) Condiments (sugar, mustard, catsup and other condiments) shall be individually packaged.
(N) A pass-through window may be utilized or customers may be served.
(O) No patron shall leave the area or an adjacent business establishment with an open beer or liquor container.
(Ord. 84-21, passed 6-25-1984; Ord. 90-38, passed 7-10-1990; Ord. 06-38, passed 9-12-2006; Ord. 08-06, passed 1-22-2008)