(A) A BEER GARDEN is defined for purposes of this chapter as an area adjacent to an establishment which has been issued an on-sale beer or liquor license where patrons of said establishment may consume alcoholic beverages sold by the establishment in an area outside of the establishment but adjacent thereto. For purposes of this section, an “establishment” is the legal description of the liquor license.
(B) Any on-sale liquor or beer licensee may operate a beer garden so long as the beer garden is adjacent and connecting to the licensed establishment and the only entry into the beer garden is from an entry way into the licensed establishment. Any beer garden shall have a fence at least six feet high around the beer garden constructed in such a way that no person may crawl through or under said fence. Further, if there are any outside bands, jukeboxes or loud speakers in a beer garden, the same shall cease playing or operating at 1:00 a.m.
(C) The fence to be constructed around the beer garden as set out above, shall, in all respects comply with zoning regulations and any ordinances amendatory thereto insofar as the location of said fences in regards to the proximity of streets, alleys and property lines or boundaries.
(D) Any on-sale liquor or beer establishment who operates a beer garden shall have located within said establishment a telephone that will accept incoming and outgoing calls.
(E) Any licensee operating a beer garden shall abide by all rules and regulations as set out by state or local statutes involving the sale of said alcoholic beverages.
(F) The only alcoholic beverages to be consumed within the premises defined as a beer garden shall be those alcoholic beverages sold by the licensed establishment operating the beer garden.
(G) Upon approval of Council, non-profits may contract with a licensed establishment for the purposes of establishing a temporary beer garden event if all of the following are met:
(1) The non-profit will obtain and show proof of liability insurance for the event;
(2) As the entity requesting the event, the non-profit will pay a special event permit of $25 per event;
(3) The event shall last no later than 10:00 p.m.;
(4) The event shall have a defined perimeter around the beer garden with limited entrances;
(5) The non-profit shall provide wristbands for any person over 21 years of age for alcohol consumption;
(6) The non-profit shall prominently display notice of open container laws; and
(7) Notice will be given at least 48 hours in advance to all business potentially impacted by the event.
(H) At least one month prior to an event where the special use permit will be requested, the non- profit must present their plans regarding the event to the Council. As part of the presentation, the non- profit shall provide Council with a visual aid of the event, which will include the location of barriers.
(I) This section and the special use permit shall only be authorized for registered non-profit organizations. This section does not apply in the event of a request of a liquor license transfer.
(Prior Code, § 6.01.15) (Ord. 638, passed - -; Ord. 641, passed - -; Ord. 731, passed - -; Ord. 952, passed 5-18-2020; Ord. 994, passed 2-15-2021) Penalty, see
§ 110.99