Any holder of a Class A, Class B, Class C, Class D, Class E or Class H liquor license may apply to the Liquor Commissioner for a permit to serve liquor in an outdoor beer garden/cafe adjoining or contiguous to the premises operated by the licensee subject to the following conditions:
(A) The owner shall submit a site plan depicting the layout of the outdoor beer garden/cafe, including ingress, egress and occupant load. Canopies, screening and/or tents shall meet the flame spread ratings required by the code and shall be safely secured. Permanent structures shall be designed and constructed according to applicable village code.
(B) Screening, canopies and/or roof structures shall be maintained in accordance with the 1996 BOCA National Property Maintenance Code. By October 31 of the permitting year, the owner shall remove all fixtures “table, chairs etc.,” from the outdoor beer garden/cafe area and all screening and/or canopies shall also be removed.
(C) All alcohol must be served by a waitress/waiter.
(D) No alcohol to be served before 11:30 a.m. or after 11:00 p.m., except Friday and Saturday when liquor may be served until 12:00 midnight.
(E) The outdoor beer garden/cafe must be closed by 11:00 p.m., except Friday and Saturday when closing shall be 12:00 midnight. At 12:00 midnight, all tables and the cafe area must be cleaned by closing.
(F) Any Special Events using the outdoor beer garden/cafe or alteration of business hours will require a Special Permit, which can be obtained from the village, with concurrence from the Liquor Commissioner.
(G) An annual permit fee of $15 is required to operate an outdoor beer garden/cafe.
(H) A Special Event fee of $15 per event is required for use of an outdoor beer garden/cafe after 11:00 p.m. weekdays and 12:00 midnight Friday and Saturday. A Special Permit will also be required for any use of outdoor cooking, (except regular weekend barbecues), group activities such as wedding parties or any activity deemed by the village as not consistent with the normal function of an outdoor cafe.
(I) No outdoor band or musical equipment is permitted without a Special Event Permit.
(J) The beer garden is to be taken down no later than October 31 of the year in which the permit is issued.
(K) No permit for an outdoor beer garden/cafe shall be issued until each proposed beer garden/cafe has been inspected and approved for use by the village.
(Ord. 1703, passed 6-1-98; Am. Ord. 1900, passed 6-17-02)