§ 4-41. Beer garden licenses required for outdoor consumption at Class "B" premises.  


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  • (a)

    Required for outdoor consumption. No licensee shall permit the consumption of the alcohol beverages on any part of the licensed premises not enclosed within the building, except under permit granted by the village board. The permits are a privilege in which no rights vest and, therefore, may be revoked by the village board at its pleasure at any time or shall otherwise expire on June 30 of each year. No person shall consume or have in his possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.

    (b)

    Limitations on issuance of beer garden permits. No permit shall be issued for a beer garden if any part of the beer garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises. No permit shall be issued for a beer garden if the beer garden area is greater than 50 percent of the gross floor area of the adjoining licensed premises. Each applicant for a beer garden permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden. Every beer garden shall be completely enclosed with a fence or wall not less than six feet in height. No amplified sound or music is permitted outside the enclosed building or premises. Amplified sound or music is not permitted in the beer garden. There shall be a licensed operator within the beer garden at all times the a beer garden is in operation.

    (c)

    Adjoining property owners to be notified of applications. All property owners within 150 feet of the proposed beer garden shall be notified of the application for a beer garden permit by first class mail.

    (d)

    State statutes enforced within beer garden. Every permittee under this section shall comply with and enforce all provisions of Wis. Stats. ch. 125, applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Wis. Stats. ch. 125, shall be grounds for immediate revocation of the beer garden permit by the village board.

(Ord. of 10-8-1990(2), § II(7-2-19))