(A) A BEER GARDEN is defined for purposes of this chapter as an area adjacent to an establishment which has been issued an on-sale beer or liquor license where patrons of said establishment may consume alcoholic beverages sold by the establishment in an area outside of the establishment but adjacent thereto.
(B) Any on-sale liquor or beer licensee may operate a beer garden so long as the beer garden is adjacent and connecting to the licensed establishment and the only entry into the beer garden is from an entry way into the licensed establishment. Any beer garden shall have a fence at least six feet high around the beer garden constructed in such a way that no person may crawl through or under said fence. Further, if there are any outside bands, jukeboxes, or loud speakers in a beer garden, the same shall cease playing or operating at 1:00 a.m.
(C) The fence to be constructed around the beer garden as set out above, shall, in all respects, comply with any ordinances amendatory thereto insofar as the location of said fences in regards to the proximity of streets, alleys, and property lines or boundaries.
(D) Any licensee operating a beer garden shall abide by all rules and regulations as set out by state or local statutes involving the sale of said alcoholic beverages.
(E) The only alcoholic beverages to be consumed within the premises defined as a beer garden shall be those alcoholic beverages sold by the licensed establishment operating the beer garden.
(F) This chapter does not apply to those establishments which request permission to operate a beer garden on one particular time a year.
(2008 Code, § 5.2.9)