Any lawfully issued license that allows for the use of any accessory premises for the sale and consumption of alcoholic liquor outdoor or in a "beer garden" or other portion of a property that is covered by the said license shall require that such outdoor sales and/or consumption shall at all times comply with the following:
(A) The licensee shall keep and maintain the accessory premises in a clean, safe and sanitary condition and in compliance with all accessibility standards. The licensee shall not keep or maintain the accessory premises in such a manner so as to constitute a public or private nuisance.
(B) The licensee shall collect and properly dispose of litter and garbage situated upon the accessory premises. The licensee shall also collect and properly dispose of litter and garbage from adjacent public property and adjacent private property, with the permission of the owner thereof, that the licensee has reason to believe originated from the licensed or accessory premises. The licensee shall have an affirmative obligation to periodically supervise and patrol the accessory premises at reasonable intervals to ascertain whether there exists litter and garbage requiring collection and disposal. This duty shall include, but shall not be limited to, making lawful observations of adjacent public and private property.
(C) The licensee shall, with due diligence, take reasonable measures to prevent audio systems operated by persons located within the accessory premises from being audible beyond the boundaries of the property containing the accessory premises. The licensee shall have the affirmative obligation to periodically supervise and patrol the accessory premises at reasonable intervals to enforce this requirement. The licensee shall be deemed to have failed to periodically supervise the accessory premises at reasonable intervals if an audio system operated by a person located within the accessory premises is audible beyond the boundaries thereof for a period in excess of 15 consecutive minutes. In the event the licensee discovers, or is notified by a law enforcement officer or a third party, that an audio system is audible beyond the boundaries of the property containing the accessory premises, the licensee shall promptly and lawfully remove the offending vehicle and its occupants from the accessory premises and shall, for at least that business day, deny such persons entry to the licensed premises.
(D) The licensee shall take reasonable measures to prevent the consumption of alcoholic liquor upon the accessory premises, unless such consumption is otherwise specifically permitted by license or ordinance. This shall include, but shall not be limited to, the prompt and lawful removal from the accessory premises of persons observed by the licensee consuming alcoholic liquor, or possessing open or unsealed containers thereof, whether or not such containers are empty. The licensee shall also deny such persons entry to the licensed premises for at least that business day. The licensee shall have the affirmative obligation to periodically supervise and patrol the accessory premises at reasonable intervals to enforce this requirement.
(E) A licensee may apply, in writing, to the office of the Village Administrator for permission to hold one event per year not to exceed 72 hours in duration when live music may be played outdoors on the licensed premises. No such live music may be played between the hours of 11:00 p.m. and 11:00 a.m. and the Village Administrator may attach such other conditions to the permit as may be advisable to protect the peace and quiet of the surrounding area. Further, the Local Liquor Control Commissioner, the Village Administrator or his designate of either, shall have the absolute right, for cause and without the necessity of a hearing, to order the immediate cessation of such live music. Uniformed police officers may be required for certain events.
(F) Nothing contained in this chapter, or under the terms of § 112.47(E) above, shall be construed as to limit or impair the authority of the Liquor Commissioner to grant special event licenses to the Will County Fair Association which said licenses may be granted for more than one event per year, and/or in excess of 72 hours.
(Ord. 07-39, passed 1-28-08)