(A) (1) A BEER GARDEN is defined as an outdoor open air, roofed or unroofed area adjacent to and included in the licensed premises of a tavern, bar, or brewpub, which is used for the service and consumption of alcoholic liquors, and which is bounded by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises. Said outdoor area shall not exceed 75% of the gross floor area of the adjoining licensed premises. Beer gardens shall not be used for smoking.
(2) The following are excluded from this definition if such are included within the licensed premises:
(a) A sidewalk café adjacent to a street level eating or drinking establishment which derives 65% or more of its gross proceeds from the sale of food:
(b) Recreational facilities which include a golf course.
(B) Beer gardens as allowed by a Special Designated License of the Nebraska Liquor Control Commission, as the statute exists as of the date of the adoption of Ordinance 2042, shall not be included within the above definition of beer garden.
(Ord. 2042, passed 5-27-10; Am. Ord. 2062, passed 5-12-11)