The use of an outdoor enclosure, beer garden, deck or patio as an accessory use to a restaurant or club that is licensed to sell intoxicating liquor, shall be by permit only and conducted in accordance with the following terms and conditions:
(A) The licensee shall first secure a permit by request to the City Council. The request shall specifically define the area of outdoor use and the nature of the use. The applicant shall pay a permit fee to the city prior to issuance of the permit. The amount of the fee shall be set by resolution of the City Council. After the initial issuance of such permit, the issuance for the on-sale of intoxicating liquor to the licensee shall permit the sale of intoxicating liquor in such outdoor area according to the provisions of this section.
(B) The permit shall only apply to the approved or defined area and shall not be transferable to other portions of the property, without prior approval of the city.
(C) That said sale, consumption and possession be limited to property adjacent to and contiguous with the building of the on-sale business, and on real property owned or leased by the licensee. Such designated outdoor area is to be specifically described as part of the licensed premise in the license application. The structure shall comply with all applicable zoning restrictions and setbacks unless a variance to those requirements has been obtained. Under no circumstances shall the sale, consumption or possession of the intoxicating liquor occur on any public streets, alleys, sidewalks, park or other public property unless the licensee has obtained a permit for use of city property.
(D) Access to and egress from the designated outdoor area shall be reviewed for each application and the city may require screening or may prohibit the direct passage of any person between the area and any unlicensed area of the premises or other premises, and prohibit public access to and egress from the outdoor area other than from the main premises or structure depending on the event.
(E) Sound equipment and all other noise on the outdoor enclosure shall be so controlled that it does not disturb the peace of the surrounding area.
(F) Lighting equipment shall be permitted to the extent that it illuminates the designated outdoor area. Lighting equipment shall not be permitted to shine toward residential areas or to cause glare upon any public street or sidewalk, or upon any other public or private property.
(G) In issuing the permit under this section, the City Council shall set a time after which no intoxicating liquor shall be sold, served, possessed, or consumed in the designated area outside of the building of an on-sale business as is appropriate for the neighborhood in which the business is located.
(H) The designated outdoor area must be kept in a neat and clean condition, and all debris located adjacent to the area, but originating from the designated outdoor area, must be picked up and removed.
(I) All other provisions of this section and state law, applying to the sale of intoxicating liquor, and the manner in which the licensee must conduct business, shall apply to the designated out door area in a similar manner as they apply to the licensed premises and the usual business conducted therein. Specifically, the designated outdoor area must be included in the required liquor liability insurance for the premises.
(J) Upon issuing a permit under this section, the City Council may waive any of the requirements of this section if the Council finds that the requirement imposes an undue hardship on the property owner and that the waiver would not be detrimental to the health, safety or general welfare of neighboring property owners or the public. The City Council may place additional conditions or restrictions on any permit issued under this section for the protection of the health, safety, and general welfare of neighboring property owners or the public.
(Ord. 329, passed 7-18-2011)