(A) Purpose.
(1) The purpose of these regulations is to allow, under certain conditions the use by consumers of outdoor areas accessory to an establishment which lawfully serves alcoholic liquor. Said use of these accessory, outdoor areas to be conducted under the authority of a properly issued special use permit, the guidelines for which are contained herein.
(2) It shall be unlawful to conduct a beer garden/outdoor eating area as defined in § 155.003 hereof, without first obtaining a special use permit under this section.
(B) Operating conditions.
(1) Lighting. Beer garden/outdoor eating area operated after dark shall be adequately illuminated by electric lights; but such illumination shall be so arranged and shielded by the licensee so as to reflect away from any adjoining property and streets. There shall be no flashing lights, strobe lights, or similar lights in the beer garden/outdoor eating area.
(2) Screening. The licensee shall provide a wall or fence with minimum height of six feet or greater as recommended by the Plan Commission and approved by the City Council to screen the patrons on the premises from the view of the surrounding property. Such fence or wall shall be of a design and structure as recommended by the Plan Commission and approved by the City Council. The perimeter of the fence or wall shall be landscaped by the licensee with suitable plants and shrubbery to preserve, as far as possible, harmony with the appearance of the surrounding property. Said landscaping to be as recommended by the Plan Commission and approved by the City Council.
(3) Signs. There shall be no signage within the beer garden/outdoor eating area that is visible from off the premises.
(4) Hours of operation. The beer garden/outdoor eating area shall be closed at 11:00 p.m. Sunday through Thursday, inclusive. The beer garden/outdoor eating area shall be closed at midnight on Fridays and Saturdays.
(5) Disposal of refuse. At least once every 24 hours the licensee shall dispose of waste materials which tend to create a public nuisance on the premises. The licensee shall keep the premises whereon the beer garden/outdoor eating area is located, free from waste material and shall provide appropriate refuse containers.
(6) Littering. No person shall place, throw or deposit any case, bottle, paper, waste material or refuse upon the outside premises of any beer garden/outdoor eating area, or in the vicinity of same except in adequate receptacles provided for that purpose, nor shall the licensee permit such conduct.
(7) Maintaining quiet and good order. It shall be the duty of the licensee to maintain quiet and good order upon the premises of an outdoor eating place/beer garden and not permit disorderly or immoral conduct or loitering. The licensee shall not cause or create any noise or other nuisance in the outdoor area where the quiet and good order of the premises or of the neighborhood are disturbed. No person on the premises of a beer garden/outdoor eating area shall needlessly make or cause to be made any loud or unseemly noise, nuisance, or disturbance whereby the quiet and good order of the premises or the neighborhood is disturbed.
(C) Application procedures.
(a) The proposed capacity of the facility.
(b) The location and size of the entrances and exits.
(c) The kind of ground surface and storm water run-off facilities.
(d) The location, size and construction of all structures.
(e) The location, size and construction of surrounding walls, fences or barriers.
(D) Standards of issuance.
(2) The reputation of the applicant, his officers or agents, if any, and their ability to operate the beer garden/outdoor eating area in a manner consistent with the maintenance and preservation of good order, public health, safety, good morals and welfare.
(3) Whether the requirements of this section and all other governing laws and ordinances have been met.
(4) Any special use permit for a beer garden/ outdoor eating area may only be issued to the site's liquor licensee, and all such special use permits shall be non-transferable.
(E) Revocation of special use permit.
In addition to any other reason specified in any other regulation, a special use permit issued under the provisions of this section may be revoked or suspended when the City Council finds that:
(1) The licensee is operating in violation of this section or of any other governing law, ordinance or regulation; or
(2) The licensee is operating so as to constitute a nuisance by reason of noise disorderly or illegal conduct or immoral activity on the premises.
(Ord. 3327, passed 10-9-01; Am. Ord. 3897, passed 8-14-17)