(a) Purpose. The Village Board finds that restrictions are necessary for outdoor beer/beverage gardens and sports activities at premises holding "Class B" and Class "B" liquor and fermented malt beverages or "Class C" wine licenses in the Village of Edgar due to concerns arising from noise, density and related problems. This Section enacted pursuant to police power provides a framework for issuance of permits and regulatory controls for such outdoor sports and beer/beverage garden activities.
(b) Common Council Approval Required.
(1) Generally.
No licensee shall conduct or sponsor any outdoor sports activity or event or beer/beverage garden on property forming any part of the real property on which the licensed premises exist without the prior approval of the Village Board and issuance of a permit pursuant to this Section.
(2) Permit Required for Beer/Beverage Garden or Outdoor Sports Activity Area Outdoor Consumption.
a. No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under a beer/beverage garden permit or outside sports activity permit granted by the Village Board. The permits are a privilege in which no rights vest and, therefore, may be revoked by the Village Board at its pleasure at any time or shall otherwise expire on June 30 of each year.
b. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer/beverage garden permit or outdoor sports activity permit.
c. The Village Board may also issue limited duration beer/ beverage garden or outdoor sports activities permits for specified times for special events to be conducted on outdoor areas at licensed areas.
(c) Permit Application. If a licensee shall conduct or sponsor any outdoor sports activity or event or beer/beverage garden on the licensee's property, the licensee shall file an application with the Village Administrator setting forth the following information:
(1) The name, address and telephone number of the person or persons who will be responsible for the actual conduct of the activity or event;
(2) The date and duration of time for the proposed activity or event;
(3) An accurate description of that portion of the licensee's property proposed to be used;
(4) A good faith estimate of the number of users, participants and spectators for the beer/beverage garden or proposed activity or event; and
(5) The licensee's plan for maintaining the cleanliness of the licensed area.
(d) Time for Filing. The licensee shall file the application not less than fifteen (15) days before the date of the proposed activity or event. The Village Board may waive the fifteen (15) day time limit upon a licensee's showing of exigent circumstances. The application shall be accompanied by payment of a fee as prescribed in Section 1-3-1 for review of the application. The applicant may request that an annual permit be issued for the beer/beverage garden or outdoor sports activities. Annual permits shall be renewed at the same time the license is renewed.
(e) Review. The Village Board shall review the applications in light of the standards of this Section. If the nature of the property or the event requires the imposition of additional regulations, the Village Board may impose these regulations upon an express finding detailing the reasons for additional regulation. All property owners within one hundred fifty (150) feet of the proposed beer/beverage garden or outside sports facility shall be notified of the pendency of application for a permit by first class mail.
(f) Standards for Permit Issuance for Outdoor Sports Activities at Licensed Establishments. The following standards shall apply to any outdoor sports activity regulated under this Section:
(1) The outdoor sale of alcohol beverages (bar setup) in the outdoor sports activity area is not permitted unless approved by the Village Board for each special outdoor sports acitivity event. Approval of an application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically authorized by permit pursuant to this Section. A licensed operator shall be responsible for policing the outdoor sports activity at all times during which it is open for operation.
(2) If the estimated number of participants and spectators shall bring the number of persons on the property above the number for which licensed premises' restroom facilities are rated adequate, the licensee shall provide a number of portable temporary restrooms sufficient to serve the estimated number of persons.
(3) The Village Board shall not grant approval to any applicant whose property on which the activity or event is proposed is adjacent to any property zoned residential or on which a residential use exists as a nonconforming use, or within fifty (50) feet of any property zoned residential or on which a residential use exists as a nonconforming use. Fencing may be required by the Village Board as a condition of permit issuance.
(4) The licensee shall provide parking adequate for the proposed activity or event, whether on-site or through agreements with property owners shown to the Village Board's satisfaction to permit the licensee's property to be used for parking for the proposed activity or event.
(5) The applicant shall show the Village Board plans adequate to provide reasonable access to participants and spectators for the event, and to limit access for all other persons.
(6) The licensee shall clean up all garbage and debris relating to the activity or event at least once per twenty-four (24) hours during the activity or event.
(7) The licensee shall not permit the noise level of the sports activity or event to exceed seventy-five (75) dB, measured at any border of the licensee's real property. Amplified music or sound is not permitted.
(8) As a condition of approval, the Village Board shall approve the type of outdoor lighting to be used.
(9) Outdoor volleyball courts, horseshoe pits, or other athletic areas licensed as premises shall cease operation after 11:00 p.m. of each day in such outdoor areas. In addition, no amplified sound shall be permitted in the outdoor premises.
(g) Standards on Issuance of Beer/Beverage Garden Permits.
(1) The outdoor sale of alcohol beverages (bar setup) in the beer/beverage garden is not permitted unless approved by the Village Board for each special event. Approval of the application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically authorized by permit pursuant to this Section.
(2) No permit shall be issued for a beer/beverage garden if any part of the beer/beverage garden is within fifty (50) feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises or located on a commercially-zoned parcel. This requirement may be increased or decreased at the discretion of the Village Board if unique site characteristics exist.
(3) No permit shall be issued for a beer/beverage garden if the beer/beverage garden area is greater than fifty percent (50%) of the gross floor area of the adjoining interior/enclosed licensed premises.
(4) Each applicant for a beer/beverage garden permit shall accurately describe the area intended for use as a beer/beverage garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer/beverage garden.
(5) Unless exceptional circumstances exist, as determined by the Village Board, beer/beverage gardens shall be at ground level. Unless a special waiver is granted by the Village Board, no beer/beverage garden shall be located closer than five (5) feet to a public right-of-way.
(6) No amplified sound or music is permitted outside the enclosed (building) premises, without a special event permit granted by the Village Board with hours to be set. Amplified sound or music is not permitted in the beer/beverage garden. As a condition of approval, the Village Board shall approve the type of outdoor lighting to be used.
(7) A licensed operator shall be responsible for policing the beer/beverage garden at all times during which the beer/beverage garden is in operation.
(8) Use of the beer/beverage garden is prohibited after 11:00 p.m., at which time all access shall be secured.
(h) Fencing.
(1) A Class "B" fermented malt beverage and/or intoxicating liquor or "Class C" wine license holder whose premises are expanded to front, rear and/or side yard outdoor areas such as patios, volleyball pits, outdoor sports areas, beer/beverage gardens and the like may be required to install fencing around the perimeter of the outside premises. Such fencing may consist of Village-approved wire mesh, solid vegetation, wood, plastic, or other similar material or a wall which will provide for an enclosed area on the outside of the licensed premises. Such barrier shall be a minimum of six (6) feet in height. The Village Board may modify or waive these fencing/screening requirement when a front yard use is proposed.
(2) Prior to installation of such fencing, screening or wall, a diagram of the proposed barrier shall be submitted to the Village to ensure that the proposed barrier will adequately protect neighbors, limit noise, and prevent or limit access by underage individuals, while still providing sufficient visibility to law enforcement and other authorities to ensure the premises is complying with alcohol beverage and other requirements.
(3) That in lieu of the fencing or barrier required above, the Village may authorize the use of security personnel to patrol such outdoor premises on a full time basis during such times that the outdoor premises are open for business.
(4) Access to the outdoor beer/beverage garden or sports activity area shall only be through the main entrance to the Class "B" intoxicating liquor, Class "B" fermented malt beverage, and "Class C" wine licensed premises.
(i) State Statutes Enforced Within Beer/Beverage Gardens. Every Licensee under this Section shall comply with and enforce all provisions of Chapter 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Chapter 125, Wis. Stats., shall be grounds for immediate revocation of the outdoor sports activity permit or beer/beverage garden permit by the Village Board.
(j) Authority to Suspend Outdoor Alcoholic Beverages Permit. Law enforcement officers shall have the authority to order any outdoor area regulated under this Section to be closed down at any time an Officer believes its continued operation is in violation of this Section, any other applicable Village ordinance, or provisions of Ch. 125, Wis. Stats.
(k) Violations. Failure of the licensee to comply with any of the provisions of this Section shall be grounds for suspension, nonrenewal or revocation of the licensee's alcohol beverage license or licenses and/or licensee under this Section.