§ 111.042 BEVERAGE GARDENS.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      BEVERAGE GARDEN. A designated area on public property where alcoholic beverages are served and consumed and shall be allowed as set forth in the divisions below.
   (B)   Beverage garden permit.
      (1)   Application for a beverage garden permit shall be made in conjunction with a special event permit to the City Clerk, and may be granted upon satisfying the conditions set forth in this section. The application shall contain the following information:
         (a)   The name, address, and telephone number of the applicant;
         (b)   A site plan showing the proposed designated area for the beverage garden. The sponsoring organization will designate on the site plan the location for multiple vendors, if there will be more than one;
         (c)   The dates when the beverage garden shall be conducted;
         (d)   A copy of the applicant’s current license for alcoholic beverages issued by the city, county, and the state, if required;
         (e)   Each vendor shall present a certificate of liability insurance coverage, with limits of liability as required by the city;
         (f)   A statement, signed by the applicant and each vendor, certifying that if a permit is approved, the applicant agrees to abide by all applicable laws and ordinances of the city and to indemnify and hold the city harmless from any and all liability arising out of the use or condition of the premises or operation of the beverage garden; and
         (g)   Other information as the City Manager or his or her designee deems appropriate.
      (2)   No permit shall be issued for a beverage garden unless application for the same is submitted to the City Clerk at least ten working days in advance of the community-wide activity.
   (C)   Conditions for approval.
      (1)   Permits for beverage gardens may be authorized only in connection with and during community activities, events, and festivals as may from time to time be recognized by the City Manager or his or her designee. The duration of a beverage garden permit shall not exceed three consecutive calendar days, or the period of the celebration, event, or festival for which it is a part.
      (2)   Only those persons holding a current valid license for alcoholic on-premises consumption issued by the city, county, or state, pursuant to this chapter and other applicable state or county licenses, shall be eligible for a beverage garden permit.
      (3)   The designated area of a beverage garden shall be restricted to those public streets and properties which the city in its discretion elects to close during the period of the celebration, event, or festival. Nothing in this section shall be construed to require the city to close any property, street, or property during any community-wide activity.
   (D)   Fees.
      (1)   For each designated area permitted for use as a beverage garden, a fee in the amount set forth in the miscellaneous fee schedule of the city shall be required. A permit shall be issued only for the designated area shown in the original application.
      (2)   Permits shall not be transferable to other persons or other designated areas.
   (E)   Continuing compliance. It shall be unlawful for any person to operate or maintain a beverage garden, except in continuous conformity with the following regulations.
      (1)   Beverage gardens shall be limited to a serving capacity of one person for each ten square feet of designated area.
      (2)   The boundaries of the designated area shall be clearly marked. Where applicable, a fence or barrier shall comply with all city ordinances regarding sight clearance at intersections. Ingress and egress to the designated area shall be from public property. All persons entering the beverage garden must be 21 years of age or older. Personnel must be placed at a clearly-defined entrance to the garden and they shall check identification.
      (3)   No beverage garden may operate between the hours of 11:01 p.m. and 6:59 a.m.
      (4)   All electrical wiring shall comply with applicable electrical codes.
      (5)   All beverages shall be sold or dispensed in non-glass containers. All combustible trash shall be stored in noncombustible covered trash receptacles.
      (6)   Each beverage garden, while in operation, shall be conducted in conformance with all applicable city, county, and state laws regulating the dispensing and on-premises consumption of alcoholic beverages, and all other applicable laws and ordinances.
      (7)   The permit issued pursuant to this section shall be kept on the premises of the beverage garden during all hours of operation and shall be made available for inspection upon request of law enforcement authorities of the city or of another city official.
   (F)   Consumption of alcoholic beverages in beverage gardens.
      (1)   To the extent that all city ordinances pertaining to the possession, consumption, or sale of alcoholic beverages conflict with this section, this section shall govern and be controlling.
      (2)   The public consumption or possession of alcoholic beverages by persons 21 years of age or older within the boundaries of an establishment shall be permitted, subject to the requirements set forth in this section.
         (a)   Private sponsored or sanctioned events, provided such consumption and/or possession of alcoholic beverage is confined to a beverage garden or sidewalk tables appurtenant to a bar, tavern, or food service establishment provided that such service shall be limited to seated patrons only.
         (b)   It shall be unlawful and an offense for any patron receiving such service to remove alcoholic beverages purchased for consumption at a sidewalk table from such area or the bar, tavern, or food service establishment where such beverage was purchased.
         (c)   It shall be unlawful and an offense for the owner or operator of a bar, tavern, or food service establishment providing such service to permit a patron to remove alcoholic beverages purchased for consumption at a sidewalk table from such area or the bar, tavern, or food service establishment where such beverage was purchased.
      (3)   Any person violating the provisions of this division (F) shall be guilty of an offense and upon conviction thereof, shall be fined as set forth in § 10.99 of this code of ordinances.
   (G)   Penalty. Any person who violates any provision of this section or who allows or attempts to allow a beverage garden permit to be used by another person to operate a beverage garden, or who applies for a permit with the intent to transfer or attempt to transfer the permit, shall be guilty of an offense and upon conviction thereof, shall be fined as set forth in § 10.99 of ordinances. Each day of violation shall constitute a separate offense.
(Prior Code, § 111.042) (Ord. 1866, passed 10-23-2018) Penalty, see § 111.999