(A) Any person holding a valid license under this chapter for consumption on the premises shall have the right to request a supplemental license for the retail sale of alcoholic beverages in an outdoor beer garden or café adjacent to the licensed premises. No annual fee shall be charged for the supplemental license. An application shall be submitted for a supplemental license, which application shall include the following:
(1) A scaled drawing of the proposed outdoor facility, including surrounding fence.
(2) A method by which the area shall be confined to prohibit the removal of alcoholic liquor and constrict noise to the approved area.
(3) A reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons unless the outdoor facility is served directly by the indoor licensed premises.
(4) Locations of at least two exits from the area, only one of which shall be through a building and such exits shall be approved by the zoning officer of the city.
(B) A supplemental license shall not be issued for any location in a residential section of the city. Live music shall only be permitted in the outdoor area by specific approval by the City Council by a majority vote. Supplemental license shall allow the retail sale of alcoholic liquor in the outdoor beer garden or café only during the hours from 10:00 a.m. to 10:00 p.m., or such hours as may be approved by majority vote of the City Council.
(C) The outdoor beer garden or café area shall be confined by a six-foot high solid fence in compliance with all ordinances of the city and constructed in such a manner as approved by the City Council. The licensee shall be responsible to insure that no customer, employee, or other person removes alcoholic liquor from the area designated.
(D) The term of the supplemental license shall be as prescribed in § 111.13, but such supplemental license shall be reviewable and subject to termination at any time in the sole discretion of the City Council.
(E) No supplemental license shall be issued or continued if there is a finding that it would alter or has altered the essential character of the neighborhood, would cause or has caused undue traffic or parking problems in the neighborhood or has caused a noise problem in the neighborhood.
(F) Each supplemental license shall be issued after affirmative recommendation by the City Council.
(Ord. 1206, passed 4-15-03; Am. Ord. 1392, passed 7-20-09; Am. Ord. 1396, passed 9-8-09; Am. Ord. 1434, passed 7-5-11)