[Added 5-4-2009 by Ord. No. 02-2009]
A. 
Required for outdoor consumption.
(1) 
No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises as described in the application filed pursuant to § 109-5D not enclosed within the building except under an outdoor consumption permit granted by the Village Board.
(2) 
The outdoor consumption 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 otherwise expire on June 30 of each year.
(3) 
The area covered by the outdoor consumption permit shall be referred to as the outdoor area.
(4) 
No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid permit.
B. 
Limitations on issuance of outdoor consumption permits.
(1) 
No outdoor consumption permit shall be issued:
(a) 
If any part of the outdoor area is within 75 feet from any parcel designated in the Zoning Ordinance or future Land Use Map for primarily residential purposes (as indicated by the zoning district and/or land use category having the term "residential" in its title), except residential uses located in the same structure as the licensed premises.
(b) 
The restriction contained in Subsection B(1)(a) shall not apply to any Class B premises licensed as of July 1, 2008. The outdoor area of any such premises may not be expanded or altered without securing a conditional use permit from the Plan Commission.
(c) 
An establishment that does not qualify for the exemption contained in Subsection B(1)(b) may apply to the Plan Commission for a conditional use permit.
(2) 
If the outdoor area is greater than 50% of the gross floor area of the adjoining licensed premises.
C. 
Additional requirements for outdoor consumption permit.
(1) 
Each application for an outdoor consumption permit shall:
(a) 
Specifically describe the boundaries of the outdoor area to be enclosed.
(b) 
Describe the physical barrier to be used which must clearly delineate where the service, possession and/or consumption of alcohol will be allowed.
(2) 
A Licensed operator shall be present where alcoholic beverages are being served in the outdoor area or as otherwise required by the Village Code.
(3) 
Amplified sound or music shall not be permitted within the outdoor area of the licensed premises unless otherwise licensed or permitted to the Village Code.
(4) 
Outdoor areas permitted pursuant to this section shall not be open later than 11:00 p.m. on Fridays and Saturdays and later than 10:00 p.m. on all other nights.
(5) 
The Village may impose additional restrictions on a case-by-case basis which shall be incorporated into any outdoor consumption permit, including, but not limited to, conditions relating to additional fencing, screening and noise abatement and such other considerations necessary to protect the public health, safety and welfare.
D. 
Adjoining property owners to be notified of pendency of application. All property owners within 150 feet of the proposed outdoor area for alcohol consumption shall be notified of the pendency of the application for the outdoor consumption permit.
E. 
Compliance with state statutes required. Every licensee receiving an outdoor consumption permit shall comply with and enforce all provisions of Ch. 125, Wis. Stats., and Chapter 109 of the Village Code, applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., and Chapter 109 of the Village Code shall be grounds for immediate revocation of the outdoor consumption permit by the Village Board.