A. 
Class A Outdoor Venue License. A Class A Outdoor Venue License shall entitle the holder of a Class "A" Fermented Malt Beverage Retailer's License or a "Class A" Intoxicating Liquor License to keep, maintain, conduct or operate any outdoor venue, which shall be defined as an open air, roofed or unroofed area adjacent or accessory to a Class "A" or "Class A" holders' premises, where the licensee may provide up to two taste samples per day to any one person between the hours of 11:00 a.m. and 7:00 p.m. pursuant to § 125.25(1), Wis. Stats.
[Amended 6-8-2021 by Ord. No. 1708-2021]
B. 
Class B Outdoor Venue License. A Class B Outdoor Venue License shall entitle the holder of a Class "B" Fermented Malt Beverage Retailer's License or a "Class B" Intoxicating Liquor License to keep, maintain, conduct or operate any outdoor venue, which shall be defined as an open air, roofed or unroofed area adjacent or accessory to a Class "B" or "Class B" holders' premises, where beer and other alcoholic beverages are served or consumed. Excluded from this definition if such are included within the licensed premises are "Class B" alcohol beverage licensed hotels as defined in § 125.02(7), Wis. Stats., which have a restaurant and recreational facilities which include a golf course.
[Amended 6-8-2021 by Ord. No. 1708-2021]
C. 
Application and process for outdoor venue licenses. The application process and conditions for a Class A and Class B outdoor venue licenses shall be as follows:
1. 
Application. Application for such licenses shall be made in writing to the office of the City Clerk not less than 15 days prior to the meeting of the Common Council at which the application will be considered and must include a plan or diagram that particularly describes the outdoor venue area. Each applicant shall pay the required license fee as set forth on the City of Onalaska Fee Schedule at the time of the filing of the original application; renewals thereafter shall be annually and shall require a fee as set forth on the City of Onalaska Fee Schedule. All property owners within 150 feet of the proposed premises for an outdoor venue license shall receive notice of the pendency of the original application by first class mail.
2. 
Granting licenses. A license shall be granted upon approval by a majority vote of the Common Council, except where otherwise provided in this section, and shall be issued by the City Clerk. Licenses shall contain with particularity a description of the premises licensed and the name and address of the licensee. Such license shall be posted conspicuously in the premises licensed at all times.
3. 
Discretion. The Common 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 unsuitability of the location, surrounding land use, lot and building size, availability of off-street parking, undesirability or unreliability of the applicant or manager, or because of the failure of such applicant or manager to observe the provisions of this Code in the prior conduct of a restaurant, tavern or other similar place.
4. 
Conditions. No outdoor venue shall be permitted, maintained or operated except in conformity with the following regulations:
a. 
Except for open-air, roofed or unroofed areas which are part of the Class "A" or "B" premises and not at ground level which comply with all applicable safety and building codes, the outdoor venue shall have a ground area of fire-resistant material and shall be surrounded by an attractive wall, fence or barrier at least four feet high, constructed of wood, brick, wrought iron, composite or vinyl and shall contain the required fire exits. The gate(s) or exit(s) shall be of the same height as that of the fence, wall or barrier and shall swing to egress, shall be equipped with proper hardware, and shall swing free and clear of public sidewalks. The fence, wall or barrier shall comply with all regulations regarding vision clearance and setback pursuant to the Unified Development Code.
b. 
All electrical wiring shall comply with national, state and City electrical codes.
c. 
All combustible rubbish shall be stored in noncombustible covered containers.
d. 
Any noise emanating from the outdoor venue shall not violate the regulations of the City Code of Ordinances pertaining to noise.
e. 
All outdoor venues shall comply with the City Code of Ordinances, State Industrial Code and 2015 International Building Code, relative to the required number of toilets, exit lights and other relevant regulations contained therein.
f. 
The Class A or Class B licensees shall be responsible for all violations of this section and subject to compliance with any and all Health Department, Inspection Department, Fire Department and Police Department regulations pertaining to the outdoor venue, including any and all state and local regulations.
[Amended 6-8-2021 by Ord. No. 1708-2021]
g. 
The outdoor venue shall be restricted to the hours of 10:00 a.m. to 10:00 p.m. for both Class "B" and "Class B" licensees and to the hours of 11:00 a.m. to 7:00 p.m. for both Class "A" and "Class A" licensees.
[Amended 6-8-2021 by Ord. No. 1708-2021]
h. 
The outdoor venue shall have a capacity of one person for seven square feet or a predetermined number set by the Common Council. Capacity shall be posted within the outdoor premises and the adjoining premises of the Class A or Class B establishment. Additionally, these areas must have tables in place to allow for seating of 75% of their capacity.
i. 
Lighting of the outdoor venue must be downcast, shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.
j. 
The outdoor venue shall only be used for serving food and alcohol.