(A) Title and purpose. This subchapter is entitled "Beer Garden Ordinance". The purpose of this subchapter is as follows: To promote the safety, health and general welfare by creating certain conditions and restrictions on, and to provide for the licensing and operation of, beer gardens in the City of Pittsfield.
(B) License required. No person shall hereafter keep, maintain, conduct or operate any Beer Garden as defined in division (B) of this section without first obtaining a beer garden license.
(C) Definition. A BEER GARDEN is defined as an open air, roofed or unroofed area adjacent to or accessory to a Class A, Class D, Class For Class G intoxicating liquor and/or fermented malt beverage licensed premises, where beer and other alcoholic beverages are served or consumed.
(1) A permanent fence, not less than six feet in height (unless variance is granted), designed with the approval of the Local Liquor Control Commissioner, must enclose the whole area in which alcoholic liquors are served, poured, mixed or consumed (must be in conformance with the zoning ordinance).
(2) Access is not permitted to the permanent fenced-in area in which liquor is to be poured, mixed, served or consumed through any way except through the permanent structure on the premises. Each enclosed area shall have at least one emergency exit that shall only be used for emergency and not as a normal exit of the premises.
(3) No excessive music of any kind is played or broadcasted outside which disturbs the neighborhood in any manner.
(4) It shall be the responsibility of the licensee to ensure that the noises are emitted from the beer garden will not disturb the neighborhood in any way.
(5) Any violation of these conditions shall constitute a violation of this Code.
(D) License fee. The annual fee for a beer garden license shall be $200 (non prorated) and every license shall be renewed by or terminated on the 31st day of December in conjunction with the Class A, D, For G license.
(E) Application. Application for a beer garden license shall be made on a form developed by the Pittsfield City Clerk and shall be submitted at least 15 days prior to action by the City Council. Applications must include a detailed diagram of the beer garden area.
(F) Restrictions. No beer garden shall be permitted within 200 feet of land zoned for human residence unless approved by all owners of residential property within 200 feet and the City Council by two-thirds vote. Other than the initial application, persons renewing a beer garden license shall not be required to obtain approval by all the owners of residential property within 200 feet, except if the license holder has been convicted of a violation of the City of Pittsfield Municipal Code or state law pertaining to alcohol beverage laws or beer garden regulations whichever occur prior to renewal.
(G) Conditions. No beer garden shall be permitted, maintained, or operated except on conformity of the following regulations:
(1) A description of the beer garden area shall be included in the application and license for Class A, D, For G intoxicating liquor and/or fermented malt beverage licensed premises.
(2) The hours of operation of the beer garden shall be the same hours as the Class A, Class D, Class F or Class G license holder as set forth in Title 11, § 110.03 of the City of Pittsfield, Illinois, Code of Ordinances.
(3) A beer garden license will be granted for the common use of the beer garden by multiple holders of liquor licenses, provided that the multiple holders are owned by the same individuals who are affiliated with the corporation or business entities owned by the same individual.
(4) If the common ownership of the beer garden area ceases a separate permit will be required for a beer garden to the licensed premises.
(H) Discretion. The City Council shall have discretion to refuse the granting of any license or transfer thereof if, in its judgment, the granting or transfer of such license shall be against the public interest, either because of the unsuitability of the location, undesirability or unreliability of the applicant or applicant's manager or because of the failure of applicant or applicant's manager to observe the provisions of the City of Pittsfield Ordinances in the prior conduct of a cabaret, dance hall, tavern, beer garden or other similar place.
(I) Penalties. Any violations of this subchapter may result in the suspension or revocation of any Class A, D, For G intoxicating liquor and/or fermented malt liquor beverage license for such premises.
(Ord. 1514, passed 6-3-14; Am. Ord. 1516, passed 7-1-14; Am. Ord. 1546, passed 6-16-15; Am. Ord. 1730, passed 4-16-24) Penalty, see §
110.99