§ 112.15  SPECIAL EVENT BEER GARDEN LICENSES.
   (A)   The Local Liquor Commissioner may grant a special event beer garden liquor license to persons who are currently licensed to sell alcoholic liquor at retail within the village, pursuant to the provisions contained in this section.
   (B)   No person shall hereafter, keep, maintain, conduct or operate any special event beer garden without first obtaining a license therefor.
   (C)   As used in this section, the following term shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
      BEER GARDEN. An open, unroofed area where beer and other alcoholic beverages are served or consumed.
   (D)   No more than three special event beer garden licenses may be issued to a licensee in any calendar year.  The fee for each license shall be $75, which shall be submitted with the application.  The special event beer garden license shall only be valid from 2:00 p.m. until 10:00 p.m. on the date for which the license is issued.
   (E)   Application for a special event beer garden license shall be made to the Village Clerk no less than 30 days prior to the requested date for the license.  The license application may be granted approval by the Local Liquor Commissioner, but only if the applicant meets all of the conditions contained in this subchapter.  No special event beer garden may be located in any area zoned for residential purposes within the village.  The license shall be posted conspicuously in the beer garden at all times.
   (F)   No special event beer garden shall be permitted, maintained or operated except in conformity with the following regulations:
      (1)   The beer garden area shall be particularly described and adjacent to, and operated as part of, premises licensed to sell alcoholic beverages for consumption on the premises.
      (2)   Beer gardens shall be no greater in area than one and one-half of the floor space of the licensed premises.
      (3)   Access to the beer garden shall only be through the adjacent principal structure for which a license to sell alcoholic liquor at retail has been issued; provided however, that any part of the beer garden not blocked by a building shall be surrounded by a fence or hedge not less than three feet high with a fire exit or exits as required.  Each gate or exit shall be not less than three feet high, shall swing to egress, shall be equipped with proper hardware, and shall swing free and clear of public sidewalks. The beer garden fence shall comply with all village ordinances regarding vision clearance and required distance from corners.
      (4)   Adequate noncombustible rubbish containers shall be provided by the applicant.
      (5)   Applicant must submit written proof that the beer garden area is covered by the applicant’s preexisting dram shop insurance for the principal structure, or that they have obtained a dram shop policy specifically for the beer garden area.
      (6)   The applicant shall submit a $50 cash deposit for litter control.  If village employees pick up trash or rubbish in the public way that they reasonably believe is attributable to the beer garden, the cost of the employee picking up the trash shall be deducted from the litter deposit.  Any remaining funds shall be returned to the applicant.
      (7)   All provisions of village ordinances relating to dealers in alcoholic liquor not inconsistent with the stated terms of this section shall apply to the special event beer garden license.
      (8)   The Local Liquor Commissioner may revoke any special event beer garden license issued by him or her if he or she determines that the licensee has violated any of the provisions of this subchapter, any other ordinance of the village, or any applicable rule or regulation established by the Local Liquor Commissioner or the State Commission which is not inconsistent with law.
   (G)   The Local Liquor Commissioner may waive the 30-day application period in his or her discretion upon good cause.
(1983 Code, § 3-2A-14)  (Ord. 91-4, passed - -)