§ 6-55. Outdoor premises/beer gardens.

(a)

Introduction and definition. No holder of a Class "B" or Class "B" (combination), "Class B" or "Class C" License may operate under said license(s) in any outdoor area, whether or not said outdoor area was included in a description of the premises, without first having obtained the permission of the common council subject to the conditions of this section. Approval under this subsection by the common council shall result in the outdoor area becoming a part of the description of the premises, with said outdoor area also being subject to all state and city laws, rules, regulations, and lawful orders governing Class "B" or Class "B" (combination), "Class B" or "Class C" premises, as used in this subsection. Outdoor area shall be reviewed each year by safety and licensing committee at license renewal as part of premises.

(1)

"Outdoor area" shall mean an area, whether or not enclosed by a roof, which is open to the elements, is not constructed for year round use and has a definable border.

(2)

"Outdoor premises" shall mean a licensed premise and/or beer garden located in an outdoor area.

(b)

Application. Application for an outdoor extension of a Class "B" or Class "B" (combination), "Class B" or "Class C" premises license shall be made to the city clerk as part of regular application for liquor license or license renewal. The application shall include a site plan drawing describing the outdoor area sought to be included within the description of the licensed premises. In the event that such site plan is omitted and the Class "B" or Class "B" (combination), "Class B" or "Class C" license is granted and issued, said license shall not be deemed to include an outdoor area within the description of the licensed premises.

(Amd. of 9-6-2011)