[Ord. No. 970 §1, 8-21-1990]
This Article shall be known and may be cited as the Outdoor
Eating Place/Beer Garden Ordinance.
[Ord. No. 970 §2, 8-21-1990]
For the purpose of this Article, the following words and phrases
shall have the meanings ascribed to them:
LICENSEE
Any person having a City license in full force and effect
issued hereunder for an outdoor eating place/beer garden.
OUTDOOR EATING PLACE/BEER GARDEN
Any establishment where food, alcohol, or beverages are sold
to the consumers, out-of-doors, in connection with a licensed restaurant
or tavern, and where such food, alcohol, or beverages are intended
to be consumed upon the premises or on the premises outside the building.
WASTE MATERIAL
Paper cups, straws, napkins, garbage, beverages, and all
other waste matter intended for disposal which, if not placed in a
proper receptacle, tends to create a public nuisance by rendering
property unclean, unsafe and unsightly.
[Ord. No. 970 §3, 8-21-1990]
This Article is intended to supplement and not to supplant any
existing laws, ordinances or regulations.
[Ord. No. 970 §4, 8-21-1990]
It shall be the duty of the licensee to maintain quiet and good
order upon the premises of an outdoor eating place/beer garden and
not permit disorderly or immoral conduct or loitering. The licensee
shall not cause or create any noise or other nuisance in the outdoor
area where the quiet and good order of the premises or of the neighborhood
are disturbed.
[Ord. No. 970 §5, 8-21-1990]
At least once every twenty-four (24) hours the licensee shall
dispose of waste materials which tend to create a public nuisance
on the premises. The licensee shall keep the premises whereon the
outdoor eating place/beer garden is located, free from waste material
and shall provide the outdoor eating place/beer garden with appropriate
refuse containers.
[Ord. No. 970 §6, 8-21-1990]
The sale of food, alcohol, or beverages or other products from
a window or other opening in the building connected to the outdoor
eating place/beer garden shall not be permitted unless such window
or opening is approved by the Board of Aldermen.
[Ord. No. 970 §7, 8-21-1990]
Serving hours shall be no greater than permitted by law except
the Board of Aldermen may impose reasonable restrictions based on
neighborhood conditions.
[Ord. No. 970 §8, 8-21-1990]
No person shall place, throw or deposit any case, bottle, paper,
waste material or refuse upon the outside premises of any outdoor
eating place/beer garden or in the vicinity of same except in adequate
receptacles provided for that purpose nor shall the licensee permit
such conduct.
[Ord. No. 970 §9, 8-21-1990]
The outdoor eating place/beer garden operated after dark shall
be adequately illuminated by electric lights; but such illumination
shall be so arranged and shielded by the licensee so as to reflect
away from any adjoining property and streets.
[Ord. No. 970 §10, 8-21-1990]
No person on the premises of an outdoor eating place/beer garden
shall needlessly make or cause to be made any loud or unseemly noise,
nuisance, or disturbance whereby the quiet and good order of the premises
or the neighborhood is disturbed.
[Ord. No. 970 §11, 8-21-1990; Ord.
No. 2044 §1, 5-6-2008; Ord. No. 2451, 6-5-2018]
The licensee of an outdoor eating place/beer garden shall provide
a wall or fence of adequate height to screen the patrons on the premises
from the view of the surrounding property. Such fence or wall shall
be of a design and structure approved by the Board of Aldermen. The
perimeter of the fence or wall shall be landscaped by the licensee
with suitable plants and shrubbery to preserve as far as possible
harmony with the appearance of the surrounding property.
[Ord. No. 970 §12, 8-21-1990]
The occupancy of the outside eating place/beer garden shall
not be greater than the actual occupancy allowed by occupancy permit/license
of the attached restaurant or tavern.
[Ord. No. 970 §13, 8-21-1990]
No person shall construct, operate, or maintain an outside eating
place/beer garden within the City without first obtaining a license
as hereinafter provided by the Board of Aldermen.
[Ord. No. 970 §14, 8-21-1990]
The Board may, at its discretion, issue a limited license for a period of not less than one (1) day nor more than ten (10) consecutive days, upon application. Application for such limited license shall conform to the requirements of this Article, except that the application fee shall be twenty-five dollars ($25.00) for each day. The Board may waive or alter the fence or wall requirement (Section
3-70) for a limited license applicant. All other standards and requirements of this Article shall apply to limited license applicants.
[Ord. No. 970 §15, 8-21-1990]
Applications for licenses required by this Article shall be
made upon blank forms prepared and made available by the Board of
Aldermen and shall state:
(1) The name, home address and proposed business address of the applicant.
(2) The number of patrons which the proposed outdoor eating place/beer
garden is designed to accommodate.
(3) The hours of operation for the proposed outdoor eating place/beer
garden.
(4) Such other reasonable information as the Board of Aldermen shall
find reasonably necessary to effectuate the purpose of this Article
and to arrive at a fair determination of whether the terms of this
Article have been complied with.
[Ord. No. 970 §16, 8-21-1990]
Every application for a license required by this Article shall
be accompanied by a plat or drawing of the proposed outdoor eating
place/beer garden:
(1) The location, size and capacity of the facility.
(2) The location and size of the entrances and exits.
(3) The kind of ground surface.
(4) The location, size and construction of all structures.
(5) The location, size and construction of surrounding walls, fences
or barriers.
[Ord. No. 970 §17, 8-21-1990]
Initial applications and applications after revocation for a
license required by this Article shall be accompanied by an application
fee of one hundred dollars ($100.00).
[Ord. No. 970 §18, 8-21-1990]
Every application for a license required by this Article shall
be accompanied by a bond, approved as to form by the City Attorney,
executed by a bonding or surety company authorized to do business
in the State, in the sum of five thousand dollars ($5,000.00) conditioned
upon the payment by the licensee of any and all final judgements for
injuries or damages resulting to persons or property arising out of
the operation or maintenance of any outdoor eating place/beer garden.
Such bond shall run to the City for the benefit of any person who
may receive injuries and for the benefit of any person who may claim
redress for property damage resulting from the operation or maintenance
of an outdoor eating place/beer garden. Such bond shall remain in
full force and effect for the full period of time for which the license
is effective. In lieu of a bond, a liability insurance policy, issued
by an insurance company authorized to do business in the State, which
conforms to the requirements of this Section may be accepted.
[Ord. No. 970 §19, 8-21-1990]
The Board of Aldermen may issue or refuse to issue a license
under the provisions of this Article after examining and considering:
(1) Any danger to the health, morals and safety of the people of the
City.
(2) The reputation of the applicant, his officers or agents, if any,
and their ability to operate the outdoor eating place/beer garden
in a manner consistent with the maintenance and preservation of good
order, public health, safety, good morals and welfare.
(3) The effect upon the peace and quiet of the neighborhood of conducting
an outdoor eating place/beer garden at the location designated between
the hours for which a license is required.
(4) The insurance companies or sureties utilized by this licensee in
complying with the provisions of this Article.
(5) Whether the requirements of this Article and all other governing
laws and ordinances have been met.
(6) Whether the placement and design of the proposed use provides adequate
precautions to protect the safety of the occupants and any persons
or property on adjacent property, including City, County or State
right-of-way, including curbing, bollards or barricades as necessary.
No entrance, exit or gate, if provided, shall directly access a City,
County or State right-of-way, but must provide an exit onto the applicant's
property.
[Ord. No. 2451, 6-5-2018]
[Ord. No. 970 §20, 8-21-1990; Ord.
No. 1496 §1, 11-21-2000]
Upon approval by the Board of Aldermen of an application for a license required by this Article, a license shall be issued by the City Clerk or the City Collector after payment of the license fee prescribed for an outdoor eating place/beer garden in Section
3-76.
[Ord. No. 970 §22, 8-21-1990]
In addition to any other reason specified in any other ordinance
of the City, a license issued under the provisions of this Article
may be revoked or suspended by the Board of Aldermen when the Board
of Aldermen finds that:
(1) The licensee is operating in violation of this Article or of any
other governing law, ordinance or regulation; or
(2) The licensee is operating so as to constitute a nuisance by reason
of noise, disorderly or illegal conduct or immoral activity on the
premises.
[Ord. No. 970 §23, 8-21-1990]
Amusement parks of one hundred (100) acres or more and beer
gardens in effect prior to August 21, 1990, are exempt from the requirements
of this Article.