HomeMy WebLinkAbout1986-259-05.12.1986 RESOLUTION NO. 1986-259
RESOLUTION ADOPTING GUIDELINES FOR BEER GARDENS AND
OUTDOOR CAFES.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the
following guidelines are hereby adopted:
Definitions
1. Permanent Beer Garden: Beer Garden that will be open and in
use for over fourteen (14) days between April 1 and September 30 in
any calendar year. Permanent Beer Gardens shall be attached and
adjacent to an establishment covered under an existing beer or alco-
hol license or permit.
2. Temporary Beer Garden: Beer Garden that will be open and in
use for fourteen (14) days or less between April 1 and September 30
in a calendar year. Temporary Beer Gardens shall be attached and
adjacent to an establishment covered under an existing beer or
alcohol license or permit.
3. Temporary Beer Garden (No Bar Attached) : Beer Garden that
will be open and in use for fourteen (14) days or less, between April
1 and September 30 in any calendar year. These types of Beer Gardens
(beer tents, etc. ) will be used in conjunction with a public event or
activity sponsored by the City or other civic organization. Due to
the nature of the event, location, and organization, these types of
temporary beer gardens will not be required to be attached and adja-
cent to an establishment covered under an existing beer or alcohol
license or permit. A beer or alcohol license or permit will be
required for such a Beer Garden.
4. Permanent Outdoor Cafe: Outdoor service area that will be
open and in use longer than fourteen (14) days between April 1 and
September 30 in any calendar year. The Outdoor Cafes shall be
attached and adjacent to an establishment covered under an existing
beer or alcohol license or permit and food permit. Outdoor Cafes
must be associated with an establishment which receives over fifty
percent (50%) of its revenue from the sale of food.
5. Temporary Outdoor Cafe: Outdoor service area that will be
open and in use for fourteen (14) days or less between April 1 and
September 30 in any calendar year. Temporary Outdoor Cafes shall be
attached and adjacent to an establishment covered under an existing
beer or alcohol license or permit and food sale permit. Temporary
Outdoor Cafes must be associated with an establishment which receives
over fifty percent (50%) of its revenue from the sale of food.
Permanent Beer Gardens/Outdoor Cafes
1. All permanent Beer Gardens/Outdoor Cafes must be located on
private property and shall not encroach on any public right of way.
Such area must be immediately adjacent to the licensed establishment
or which it is a part .
2. Permanent Beer Gardens/Outdoor Cafes shall not be located in
the front yard of any licensed establishment.
3. Beer Gardens/Outdoor Cafes shall be screened on all sides.
Screening shall consist of a fence or other suitable permanent
barrier of not less than six (6) feet nor more than eight (8) feet in
height or inaccessible except through the normal entrances/exits. It
shall be of solid construction which will effectively prevent normal
ingress and/or egress from the premises. A fire exit shall be
required on all Beer Gardens/Outdoor Cafes.
4. Beer Gardens/Outdoor Cafes shall be accessible from the
licensed premises which it adjoins.
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RESOLUTION NO. 1986-259
RESOLUTION ADOPTING GUIDELINES FOR BEER GARDENS AND
OUTDOOR CAFES.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the
following guidelines are hereby adopted:
Definitions
1. Permanent Beer Garden: Beer Garden that will be open and in
use for over fourteen (14) days between April 1 and September 30 in
any calendar year. Permanent Beer Gardens shall be attached and
adjacent to an establishment covered under an existing beer or alco-
hol license or permit.
2. Temporary Beer Garden: Beer Garden that will be open and in
use for fourteen (14) days or less between April 1 and September 30
in a calendar year. Temporary Beer Gardens shall be attached and
adjacent to an establishment covered under an existing beer or
alcohol license or permit.
3. Temporary Beer Garden (No Bar Attached) : Beer Garden that
will be open and in use for fourteen (14) days or less, between April
1 and September 30 in any calendar year. These types of Beer Gardens
(beer tents, etc. ) will be used in conjunction with a public event or
activity sponsored by the City or other civic organization. Due to
the nature of the event, location, and organization, these types of
temporary beer gardens will not be required to be attached and adja-
cent to an establishment covered under an existing beer or alcohol
license or permit. A beer or alcohol license or permit will be
required for such a Beer Garden.
4. Permanent Outdoor Cafe: Outdoor service area that will be
open and in use longer than fourteen (14) days between April 1 and
September 30 in any calendar year. The Outdoor Cafes shall be
attached and adjacent to an establishment covered under an existing
beer or alcohol license or permit and food permit. Outdoor Cafes
must be associated with an establishment which receives over fifty
percent (50%) of its revenue from the sale of food.
5. Temporary Outdoor Cafe: Outdoor service area that will be
open and in use for fourteen (14) days or less between April 1 and
September 30 in any calendar year. Temporary Outdoor Cafes shall be
attached and adjacent to an establishment covered under an existing
beer or alcohol license or permit and food sale permit. Temporary
Outdoor Cafes must be associated with an establishment which receives
over fifty percent (50%) of its revenue from the sale of food.
Permanent Beer Gardens/Outdoor Cafes
1. All permanent Beer Gardens/Outdoor Cafes must be located on
private property and shall not encroach on any public right of way.
Such area must be immediately adjacent to the licensed establishment
or which it is a part .
2. Permanent Beer Gardens/Outdoor Cafes shall not be located in
the front yard of any licensed establishment.
3. Beer Gardens/Outdoor Cafes shall be screened on all sides.
Screening shall consist of a fence or other suitable permanent
barrier of not less than six (6) feet nor more than eight (8) feet in
height or inaccessible except through the normal entrances/exits. It
shall be of solid construction which will effectively prevent normal
ingress and/or egress from the premises. A fire exit shall be
required on all Beer Gardens/Outdoor Cafes.
4. Beer Gardens/Outdoor Cafes shall be accessible from the
licensed premises which it adjoins.
RESOLUTION NO. 1986-259
PAGE TWO
5. Occupancy in a Beer Garden/Outdoor Cafe shall not exceed one
(1) person per fifteen (15) square feet of floor area accessible to
the public.
6. Beer Gardens/Outdoor Cafes shall be permitted only in those
zones which permit such a use. Beer Gardens/Outdoor Cafes located
within two hundred fifty (250) feet of any lot used for residential
purposes shall cease operation at 10:00 p.m. Sunday through Thursday
and at 11:00 p.m. Friday and Saturday.
7. A Beer Garden/Outdoor Cafe shall be adequately lighted by
use of non-obtrusive lighting, which shall not be directed toward
any residential use.
8. Amplified sound equipment in a Beer Garden/Outdoor Cafe
shall not be permitted. Compliance with the City noise ordinance
shall be required. Additional advertising or identification signage
beyond that permitted for the main licensed establishment shall not
be permitted.
9. Adequate hard surfaced parking shall be provided as required
by the Waterloo Zoning Ordinance No. 2479, as amended.
10. Beer Gardens/Outdoor Cafes shall comply with appropriate
building, housing and fire codes and with all other applicable State
and City statutes.
11. The City shall inspect Beer Gardens/Outdoor Cafes at least
once per year, at the same time inspection of the adjacent licensed
establishment occurs. The City may, at its discretion, inspect a
beer Garden/Outdoor Cafe at any other time when it feels the need.
12. Beer Gardens/Outdoor Cafes shall only be open for use
between April 1 and September 30 of each year. In the event a Beer
Garden/Outdoor Cafe will not be open for the entire period, the
annual permit fee will not be prorated to the actual use period of
the Beer Garden/Outdoor Cafe.
13. Annual Permit Fee for all Beer Gardens/Outdoor Cafes shall
be Fifty Dollars ($50.00).
14. All Beer Garden/Outdoor Cafe Permits shall expire on March
31st of each year.
15. Approval or disapproval of a Beer Garden/Outdoor Cafe
application shall be at the discretion of the City Council . Such
discretion shall be exercised with due regard to public health,
safety and welfare considerations. The City Council may also impose
additional requirements in particular situations, when it is
determined to be necessary.
16. Applications for the approval of a Beer Garden/Outdoor Cafe
shall include all required information and be submitted prior to
April 1st of each year. Such application shall be submitted to the
City Clerk/Auditor at least fifteen (15) days prior to the date it is
to be considered by the City Council . Beer Garden/Outdoor Cafe
Permits shall be subject to the same annual renewal requirements as
all beer and liquor licenses. In addition, each Beer Garden/Outdoor
Cafe permit renewal will go before the City Council for approval .
Public comments will be allowed concerning the renewal of a Beer
Garden/Outdoor Cafe Permit. Only responsible businessess will be
allowed to renew. The City Council will determine if the business
responsibly managed its Beer Garden/Outdoor Cafe, by the previous
year's performance and citizen input. Approval by the City Council
of a Beer Garden shall be by letter to the Iowa Beer and Liquor
Control Department and such approval shall be separate and distinct
from approval of the beer and liquor license. Approval shall be
RESOLUTION NO. 1986-259
PAGE THREE
subject to the applicant also meeting all requirements of the Iowag
Beer and Liquor Control Department with the regard to dia ra
shop coverage, and all other State requirements, t is hment
dram
h
must also obtain insurance to adequately insure the Beer Garden/
Outdoor Cafe. The insurance coverage shall be the same as that
covering the adjacent establishment.
17. The City may, after notice to the license or permit holder
and a reasonable opportunity for hearing, revoke or suspend
authorization for the operation of a Beer Garden for any establish-
ment where
ltexcessive
noithese
or
other
problems,
thesBeer Garden/Outdoor determined
City
Cafe. Such a revocation or suspension
p
by the City Council . Written notice asshalle
ai copy teof
said complaint, shall be served upon the license or permit holder, at
least ten (10) days prior to the date set for hearing.
shall be before the City Council and open to the public. ThInhear
theing
event of revocation, the City shall notify the Iowa Beer and Liquor
Control Department. The license or permit holder may appeal the
revocation to the Iowa Beer and Liquor Control Department Hearing
Board, pursuant to Section 123.32, Code of Iowa. Revocation or
suspension of authorization by the City of operation of a Beer
Garden/Outdoor Cafe shall not affect the licensing of the principal
establishment, unless separate action to suspend or revoke that
license or permit is also initiated by the City Council .
18. Upon submitting an application for a Beer Garden/Outdoor
Cafe, applicant shall provide the name and address of the owner of
each abutting property as well as every other property which is
within two hundred fifty (250) feet of applicant 's premises. The
City will then notify these property owners by letter of the nature
of the application and the date and time when it will appear on the
City Council agenda for approval by the City Council , so that the
property owners will have an opportunity to comment on the applica-
tion.
19. In the event that there is a change of ownership, the Beer
Garden/Outdoor Cafe use shall be permitted to continue, provided that
the usage is continuous.
20. These regulations are established by Resolution of the City
Council and may be amended, from time to time, by further action of
the City Council .
Temporary Beer Garden/Outdoor Cafes
1. All Temporary Beer Garden/Oudoor Cafes must be located on
private property and shall not encroach on any public right of way.
Such area must be immediately adjacent to the licensed establishment
of which it is a part.
2. Temporary Beer Garden/Outdoor Cafes shall be screened on
all sides. Screening shall consist of a fence or other suitable
barrier of no less than five (5) feet in height or inaccessible
except through the normal entrances/exits. A fire exit shall be
required on all Beer Gardens/Outdoor Cafes.
3. Temporary Beer Gardens/Outdoor Cafes shall be accessible
from the licensed premises which it adjoins.
4. Occupancy in a Temporary Beer Garden/Outdoor Cafe shall not
exceed one (1) person per fifteen (15) square feet of floor area
accessible to the public.
5. Temporary Beer Gardens/Outdoor Cafes shall be permitted
only in those zones which permit such a use. Temporary Beer Gardens/
Outdoor Cafes located within two hundred fifty (250) feet of any lot
RESOLUTION NO. 1986-259
PAGE FOUR
used for residential purposes shall cease operation at 10:00 p.m.
Sunday through Thursday and at 11 :00 p.m. Friday and Saturday.
6. A Temporary Beer Garden/Outdoor Cafe shall be adequately
lighted by use of non-obtrusive lighting, which shall not be directed
toward any residential use.
7. Amplified sound equipment in a Temporary Beer Garden/
Outdoor Cafe shall not be permitted. Compliance with the City noise
ordinance shall be required. Additional advertising or identifica-
tion signage beyond that permitted for the main licensed establish-
ment shall not be permitted.
8. The City may, at its discretion, inspect a Temporary Beer
Garden/Outdoor Cafe at any time the Council feels it is necessary.
9. The permit fee for all Temporary Beer Garden/Outdoor Cafes
shall be Thirty Dollars ($30.00) .
10. All Temporary Beer Garden/Outdoor Cafe Permits shall expire
no later than fourteen (14) days from the date of issuance.
11. Applications for Temporary Beer Gardens/Outdoor Cafes shall
be submitted to the City Clerk/Auditor at least fifteen (15) days
prior to the date it is to be considered by the City Council .
Applications will go before the Council for approval . Upon
submitting an application for a Temporary Beer Garden/Outdoor Cafe,
the applicant shall provide the name and address of the owner of each
abutting property as well as every other property which is within two
hundred fifty (250) feet of the applicant's premises. The City will
then notify these property owners by letter, of the nature of the
application and the date and time when it will appear on the City
Council Agenda for approval by the City Council . Public comments
will be allowed and accepted concerning the application.
12. The establishment must obtain insurance to adequately
insure the Temporary Beer Gardens/Outdoor Cafe. The insurance
coverage shall be the same as that covering the adjacent establish-
ment.
13. Approval or disapproval of a Temporary Beer Garden/Outdoor
Cafe application shall be at the discretion of the City Council .
Such discretion shall be exercised with due regard to public health,
safety and welfare considerations. The City Council may also impose
additional requirements in particular situations, when it is
determined to be necessary.
14. The City may, after notice to the license or permit holder
and a reasonable opportunity for hearing, revoke authorization for
the operation of a Temporary Beer Garden/Outdoor Cafe where excessive
noise or other problems, as determined by the City, result directly
from the operation of the Temporary Beer Garden/Outdoor Cafe. Such a
revocation proceeding shall be initiated by the City Council . The
hearing shall be before the City Council and open to the public.
Revocation of authorization by the City for operation of a Temporary
Beer Garden/Outdoor Cafe shall not affect the licensing of the
principal etablishment, unless separate action to suspend or revoke
that license or permit is also initiated by the City Council .
15. These regulations are established by Resolution of the City
Council and may be amended, from time to time, by further action of
the City Council .
RESOLUTION NO. 1986-259
PAGE FIVE
Temporary Beer Garden (No Bar Attached)
1. Such a Temporary Beer Garden may be located on public
property only with permission of the City Council .
2. Such a Temporary Beer Garden must be screened from all
sides by a suitable barrier. Screening shall consist of a fence or
other suitable, of no less than five (5) feet in height, which will
effectively prevent normal ingress and/or egress from the area.
3. Such Temporary Beer Garden shall be accessible only from
designated entrances/exits. The premises shall have no more than
three (3) designated entrances/exits. Each entrance/exit shall have
an employee stationed at the entrance/exit at all times to monitor
the use of such entrance/exit.
4. Occupancy in such Temporary Beer Garden shall not exceed
one (1) person per fifteen (15) square feet of floor area accessible
to the public.
5. Such Temporary Beer Garden shall only be permitted in those
zones which permit such a use. No such Temporary Beer Garden shall
be permitted within two hundred fifty (250) feet of any residential
use. Any such Temporary Beer Garden located within two hundred fifty
(250) feet of any residential use shall close at 10:00 p.m. Sunday
through Thursday and 11 :00 p.m. on Friday and Saturday.
6. Such Temporary Beer Garden shall be adequately lighted by
use of non-obtrusive lighting, which shall not be directed toward any
residential use.
7. Amplified sound equipment shall not be permitted in such
Temporary Beer Garden. Compliance with the Waterloo Noise Ordinance
shall be required.
8. Such Temporary Beer Gardens shall comply with all applica-
ble state and city laws.
9. The City shall inspect the Temporary Beer Garden prior to
the beginning of its operation. The City may, at its discretion,
inspect such a Temporary Beer Garden at any other time when it deems
necessary.
10. Permits for such Temporary Beer Gardens shall only be
granted for times between April 1 and September 30th of each year.
11. The Permit fee for such Temporary Beer Garden shall be
Thirty Dollars ($30.00) .
12. Permits for the Temporary Beer Gardens shall expire four-
teen days after the issuance of the Permit.
13. Applications for such a Temporary Beer Garden shall include
all required information and shall be submitted to the City Council
for approval . Applications shall be submitted to the City Clerk/
Auditor at least fifteen (15) days prior to the date such application
is to be considered by the City Council . The public shall be allowed
to comment concerning the decision to approve or deny the Beer Garden
Permit. Approval shall be subject to the applicant also meeting the
requirements of the Iowa Beer and Liquor Control Department with
regard to diagram, dram shop coverage, and all other state require-
ments. The applicant must also obtain insurance to adequately insure
the Beer Garden.
RESOLUTION NO. 1986-259
PAGE SIX
m :-_-,
r.; l—
c c:
m c
PE 14. Approval or disapproval of such a Temporary Beer Garden
application shall be at the discretion of the City Council . Such
discretion shall be exercised with due regard to public health,
om c: safety and welfare considerations. The City Council may also impose
F additional requirements in particular situations when it is
= determined to be necessary.
s c 15. The City may revoke authorization for the operation of a
s Temporary Beer Garden where excessive noise or other problems result
o :, directly from the operation of that Temporary Beer Garden. Such
�+ .--: revocation proceedings shall be initiated by the City Council . The
c permit holder shall be given an opportunity for a hearing. The
hearing shall be before the City Council and open to the public.
ry c
a c 16. Upon submitting an application for such a Temporary Beer
Garden, the applicant shall provide the name and address of the owner
G- of each abutting property, as well as every other property which is
r within two hundred fifty (250) feet of the applicant 's proposed
p
to
c cation. The City will then notify the property owners, by letter,
of the nature of the application and the date and time when it will
: appear on the City Council Agenda for approval by the City Council ,
so that the property owners will have an opportunity to comment on
E the application.
17. These regulations are enacted by Resolution of the City
Council and may be amended, from time to time, by further action of
the City Council .
Passed and Adopted this 12th day of May, 1986.
r13c-,-,-euS);
Bernard L.,:icKinley, Mayo,
ATTEST:
411110 di."
L. ;U
Lary P. :urger, Cit ler uditor
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