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(A) Class G license. Class G license (beer garden) shall authorize the sale of alcoholic liquor in an open air enclosed area connected to the licensed establishment or in a pavilion on a premise that the licensee either owns or rents. No person shall operate a beer garden without a valid license permit as required under this section. This license is required in addition to any A, A1, B, B1, D, E or F license. A Class G license shall be applied for and issued as follows.
(1) A beer garden permit may be issued to a licensee to operate an additional bar on the following locations:
(a) An open air enclosed area connected to the licensed establishment; or
(b) A pavilion which is located on the grounds that the licensee owns or rents.
(2) The license permit shall be issued on the same qualifications and terms and conditions required for the original license under which the license is granted.
(3) A separate Class G license must be obtained for each additional bar (beer garden).
(4) A beer garden permit may be issued for an annual fee of $500.
(5) However, no Class G license shall be issued other than a renewal of an existing license if the designated beer garden area is within 200 feet of a residence, other than the residence of the owner, his or her lessee or employees.
(6) No entertainment shall be allowed in the beer garden area unless a Class SE license has been issued allowing the same, and then only under terms of that license.
(7) The Liquor Commissioner may impose additional conditions as he or she deems necessary to promote the public health, safety and welfare and the quiet enjoyment of any neighborhood residence.
(B) Class GC license. Class GC (golf course) shall authorize the sale of alcoholic liquor for consumption outdoors on the premises during daylight hours when the golf course in use, to the holder of a Class A, A1, B, B1 or D, E or F license.
(C) Class T license. A Class T license shall authorize the sale of alcoholic liquor by civic, charitable, governmental or other not-for-pecuniary- profit organizations on specified premises or within an area specifically designated in the license for no longer than a 48-hour period. A Class T license shall be available to only organizations whose offices are located within the county, and in no event shall an organization be issued more than three permits in any calendar year.
(D) Special event license.
(1) A class SE license shall authorize the holder of a County Class A, A1, B, B1, D, E or F license to hold one special event within one 24-hour period. All restrictions of the licensee’s original license classification apply with the following exceptions:
(a) Entertainment is allowed unless specifically disallowed by the Commissioner; and
(b) The event may be held in an enclosed outside area.
(2) For purposes of a Class SE license, an ENCLOSED OUTDOOR AREA shall be defined as follows:
(a) An area adjacent to the license premises;
(b) An area enclosed by a fence at least four feet high; and
(c) An area with controlled, limited access.
(E) Application and issuance. A Class T or Class SE license shall be applied for and issued as follows.
(1) Application. Application for a Class T or Class SE license shall be made to the Commissioner under oath, accompanied by the required fee, and shall contain information and be in the form as required by the Commissioner and shall be made not less than 14 days prior to the scheduled event.
(2) Issuance. The Commissioner shall determine whether it is in the best interests of the county to issue the license and shall make his or her decision based on those elements listed in § 110.018.
(3) Decision. The Commissioner shall notify the applicant within ten days of the hearing on the application of his or her decision, and, if the application is denied, the applicant may request a hearing before the Commissioner within three days of the receipt of the notification. The requests shall be made in writing.
(4) Conditions. If a license is issued by the Commissioner, the licensee shall be subject to the terms of his or her license, including all conditions which he or she may deem appropriate, the furnishing of evidence of dram shop insurance as required by § 110.019, all rules of the Commissioner, and the provisions of this chapter applicable to the operation of licensed premises. Upon the issuance of the license, the Commissioner shall set the hours of operation.
(5) Security conditions. Before issuing the required license, the Commissioner may require the following.
(a) A copy of the County Sheriff’s office special event checklist and recommendation for issuing of the required license will be attached to the application. This may include the entering into a contract with the County Sheriff’s office to provide security or the hiring of a professional security company to do the same and may include the use of volunteers from the sponsoring group.
(b) The Sheriff or his or her designee will review each application and make a decision as to which of the requirements would be recommended before issuance of the license by the Liquor Commissioner. Consideration will be given to the number of hours alcohol would be served, the number of attendees expected, and the location of the event in regards to public safety issues.
(c) In order to maintain public safety when an activity exceeds 500 persons on the site at one time and alcohol is being served for a considerable length of time, the applicant will be required to enter into a contract with the Sheriff to hire deputies if available. This will require the applicant to reimburse the county at the time-and-a- half rate for each officer hired in order to defer the costs. This is in addition to the applicant’s own security staff.
(1980 Code, § 110.023) (Res. 86-90, adopted 6-19-1986; Res. 90-104, adopted 5-17-1990; Res. 95-38, adopted 2-16-1995; Res. 95-88, adopted 4-20-1995; Res. 97-59, adopted 3-20-1997; Res. 02-430, adopted 9-19-2002; Res. 03-296, adopted 6-19-2003; Ord. 05-500, adopted 11-17-2005)