(A) Generally. Any establishment or organization wishing to serve alcoholic beverages on the exterior premises of a structure already possessing a valid liquor license is hereby required to obtain an outdoor license. Only those establishments operating an outdoor garden/café area, as defined herein, shall be eligible for an outdoor license. It shall be the responsibility of the Liquor Commissioner, pursuant to the requirements and restrictions of this chapter, to issue and regulate all outdoor licenses. Any establishment not possessing an outdoor license shall not allow a person to drink, consume, or have in his or her possession any alcoholic liquor on the exterior of the premises of any building to which a liquor license has been issued unless authorized as outlined herein. The number of outdoor licenses issued shall be restricted to four.
(B) Application. Establishments desiring to operate an outdoor garden/café area shall submit an application and the appropriate fee stated below to the City Clerk’s office. The fee for an outdoor license shall be in addition to the fees required for the other liquor licenses obtained by the establishment. The fee for an outdoor license shall be $50 annually.
(C) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OUTDOOR GARDEN/CAFÉ. Any establishment having an outdoor area that is used by the general public for the purpose of consuming alcohol, whether with a meal or not, shall be considered an OUTDOOR GARDEN/CAFÉ. Thirty percent of each wall area of the garden/café shall be open space. Establishments wishing to have an OUTDOOR GARDEN/CAFÉ must comply with the requirements outlined in division (D) below. Establishments that are not able to comply with the requirements of this section shall not be allowed to develop or establish an OUTDOOR GARDEN/CAFÉ. Any uncertainties or discrepancies regarding the definition of an OUTDOOR GARDEN/CAFÉ shall be settled by the Liquor Commissioner.
(D) Location and site restrictions. All outdoor gardens/cafés shall comply with the following restrictions.
(1) Outdoor gardens/cafés shall only be allowed on property within zoning districts zoned B-2 Community Business or B-3, Highway Business.
(2) Outdoor gardens/cafés shall be enclosed on all sides by a fence or other type of continuous barrier and shall only be accessible from the main structure.
(3) There shall be no sale of alcoholic liquor for consumption off the premises from an outdoor garden/café.
(4) There shall be no outdoor entertainment such as bands, DJs, or similar type of entertainment. Speakers may be installed to play background music provided it is at a level that does not allow the music to be heard off the premises.
(5) Outdoor gardens/cafés may only be utilized during the hours of 10:00 a.m. through 10:00 p.m.
(6) Outdoor gardens/cafés shall be entirely constructed immediately adjacent to the principal structure. No portion of the outdoor garden/café may encroach upon the setbacks given here. Outdoor gardens/cafés for establishments holding a restaurant or club license must be 40 feet from property zoned multi-family residential and 50 feet from property zoned single-family residential. Gardens/cafés for establishments holding a tavern or late license must be 100 feet from property zoned multi-family residential and 125 feet from property zoned single-family residential. Setbacks shall use linear measurements, and can include adjacent properties and rights-of-way.
(7) Alcoholic liquor shall only be served in plastic or styrofoam containers or some other shatter-proof container. No bottles, jars, or other breakable containers shall be allowed in the outdoor garden/café area.
(8) Persons responsible for outdoor gardens/cafés shall take appropriate measures to ensure that litter and/or debris resulting from the outdoor garden/café does not affect any surrounding properties. Any litter or debris originating from the outdoor garden/café shall be removed by the responsible party upon discovery or notification of the littering.
(E) Application for license.
(1) The application for an outdoor garden/café area shall be filed in the City Clerk’s office at the time of application for a liquor license, the time for renewal of a liquor license or at any time during the license year. All applications shall be subject to the conditions as set forth by the city and any other conditions outlined in this chapter.
(2) The initial request for an outdoor liquor license shall be accompanied by a site plan showing the proposed outdoor garden/café. The site plan should show compliance with the minimum setback distances, any proposed lighting, method of enclosure, and any proposed screening. Information should also be provided regarding access to and from the outdoor garden/café area. Additional information must be provided as requested by the city.
(3) Upon receiving this information, the City Clerk will forward copies to the Planning and Zoning Department, the Fire Department, and the Police Department for a review to determine compliance with all health and safety regulations. The applicant shall implement any and all conditions or changes which the city may impose upon the construction or operation of said outdoor garden/café. Once the outdoor license has been issued, the applicant will not make any modifications to the outdoor garden/café area without first notifying and receiving permission from the City Clerk’s office. Establishments wishing to renew their outdoor license need only to submit the required application.
(F) Revocation or denial of outdoor license. Upon receiving an application for an outdoor license, the Liquor Commissioner may consider staff recommendations, prior violations of the liquor code, and any other information he or she deems relevant in determining whether to issue the requested license. If at any time the Liquor Commissioner determines that it is in the interest of the public’s health, safety, and welfare, he or she may revoke the outdoor license by following the process outlined in §§ 116.15 through 116.18 of this code of ordinances.
(Prior Code, § 112.04) (Ord. 97-15, passed 9-15-1997; Ord. 09-03, passed 7-6-2009; Ord. 10-01, passed 3-1-2010; Ord. 23-5, passed 2-21-2023)