§ 5.46.025. Beer gardens.

(1)

Definition. A beer garden is defined as an open air, roofed or unroofed area on a licensed premises and where alcoholic beverages are served or consumed. Section 5.46.025 shall not apply to golf courses or property owned by the State of South Dakota.

(2)

Permit required.

(a)

A permanent permit is required prior to any licensed alcohol on-sale retailer is authorized to operate a beer garden twelve (12) days or more one calendar year. Applications for a beer garden permit shall be filed with the building inspector on a form provided by the building and inspections department. Upon receipt of a beer garden application the building inspector shall conduct an on-site inspection of the beer garden. If the beer garden is in compliance with all applicable ordinances then the application will be submitted, with recommendations from the building inspector and chief of police, to the city commission for consideration. If approved the building inspector will issue a permit to the applicant and notify the police department of the issuance of the permit. Issuance of a permanent beer garden permit shall be valid unless revoked pursuant to Section 5.46.025(7) or at the annual public hearing held subsequent to the licensee's application for renewal of licensee's alcohol license.

(b)

A temporary permit is required prior to any licensed alcohol on-sale retailer is authorized to operate a beer garden for less than twelve days within one calendar year. Applications for a beer garden permit shall be filed with the building inspector on a form provided by the building and inspections department. A temporary permit application shall identify the dates, not to exceed twelve (12) total dates within one calendar year and the total dates identified within multiple temporary beer garden applications submitted for the same licensed location within one calendar year shall not exceed twelve total days. Upon receipt of a beer garden application the building inspector shall conduct an on-site inspection of the beer garden. If the beer garden is in compliance with all applicable ordinances then the application will be submitted, with recommendations from the building inspector and chief of police, to the city commission for consideration. If approved the building inspector will issue a permit to the applicant and notify the police department of the issuance of the permit. A temporary beer garden permit may be suspended by the commissioner of public safety for good cause, including but not limited to excessive noise or loud and inappropriate language coming from the beer garden, and disorderly conduct on the premises, or the commissioner of public safety may recommend revocation of the temporary beer garden permit consistent with Section 5.46.25(7).

(c)

No on-sale licensee shall sell or allow the consumption of any alcoholic beverage on their premises outside of the licensee's fully-enclosed and permanent structure unless the alcoholic beverage is sold or consumed inside the beer garden and the licensee has been issued a beer garden permit pursuant to Section 5.46.025 (2)(a) or (2)(b).

(d)

Upon an application prior to March 31, 2011, and approval by the city commission for a permanent beer garden permit, a licensee may enclose a permanent beer garden until April 30, 2011, by a snow fence or other physical barrier in lieu of the extruded vinyl, chain link, wood, iron or concrete fence. Section 5.45.025(2)(d) shall be effective until April 30, 2011.

(3)

Fee. The fee for a permanent beer garden permit issued pursuant to Section 5.46.025(2)(a) shall be a one-time fee. The fee for a temporary beer garden permit issued pursuant to Section 5.46.025(2)(b) shall be required with each temporary beer garden application. Fees for permanent and temporary beer garden permits shall be established by resolution of the Huron City Commission. The fee for a permanent beer garden permit shall be waived for any alcohol licensee having a beer garden on the premises prior to July 1, 2010, enclosed by an extruded vinyl, chain link, wood, iron or concrete fence.

(4)

Hours. The hours when the licensee may be open to the public pursuant to municipal ordinances ([Sections] 5.52.060 and 5.54.022) shall be applicable to beer gardens.

(5)

Regulations. No beer garden shall be permitted, maintained, or operated except in conformity with the following regulations:

(a)

(i)

Beer gardens operated twelve or more days within one calendar year shall be enclosed by a permanent physical barrier constructed of extruded vinyl, chain link, wood, iron or concrete fence not less than forty-two inches high surrounding the beer garden area. There shall be at least one fire exit in the fence. Any alcohol licensee having a beer garden on the premises prior to July 1, 2010, enclosed by a chain link, wood, iron or concrete fence less than forty-two inches high is not required to install a fence at least forty-two inches high until such time as any modification to the fence is made.

(ii)

A beer garden operated pursuant to temporary permit may utilize a snow fence or other physical barrier in lieu of the extruded vinyl, chain link, wood, iron or concrete fence.

(b)

All combustible rubbish shall be stored in noncombustible covered containers.

(c)

The licensee must comply with all applicable building codes.

(d)

The maximum number of persons within a beer garden shall be limited to the maximum number of persons which may be in a building having the same floor dimensions as the beer garden.

(e)

Any noise emanating from the beer garden shall not violate the regulations of municipal ordinance and no person within the beer garden shall make any loud noise or profane language so as to unreasonably disturb the peace of the city, or any neighborhood, family, lawful assembly of persons or any person.

(f)

No underage consumption of alcoholic beverages shall be allowed on the premises.

(g)

The alcohol licensee and licensee's agents and employees shall take all reasonable steps to ensure that persons in the beer garden do not violate municipal ordinance [Section] 9.56.010 (disorderly conduct) or any other municipal ordinance or state law and shall report perceived violations to the Huron Police Department.

(6)

The licensee and/or the licensee's agent and/or licensee's employees shall be responsible for violations of Section 5.46.025 if the licensee, licensee's agent or licensee's employee does not take immediate steps to stop the violations, with such steps including but not limited to timely reporting of violations to the Huron Police Department. Individual patrons within the beer garden may also be held responsible for violations of Sections 5.46.025(5)(e) and (f). Individual patrons within the beer garden may also be held responsible for violations of Sections 5.46.025(5)(g) and (h).

(7)

Revocation of permit. In addition to the penalties provided for in Section 5.46.060, upon seven days prior written notice from the City of Huron a beer garden permit issued pursuant to Section 5.46.025(2) may be revoked by the city commission for a licensee's violation of Section 5.46.025(5). A licensee who has had its beer garden permit revoked due to a violation of Section 5.46.025(5)(c) may apply for a new beer garden permit upon coming into compliance with the Huron Municipal Building Code. A licensee whose beer garden permit has been revoked for reasons other than a violation of Section 5.46.025(5)(c) may not apply for a new beer garden permit in less than three (3) months from the date of revocation. Issuance of a new beer garden permit following a revocation shall require submission of a new beer garden permit application, application fee, and satisfactory re-inspection of the beer garden before a new beer garden permit shall be issued.

(Ord. No. 2087, 10-4-2010)