Chapter 5.48
BEER AND/OR WINE GARDENS1

Sections:

5.48.010    General.

5.48.020    Restrictions.

5.48.030    Application.

5.48.040    Minimum conditions.

5.48.050    Appeals of denial, suspension, or revocation of license.

5.48.010 General.

Beer and/or wine gardens may be approved by the city administrator and shall include conditions authorizing alcoholic beverages to be served only by an existing business or service organization located within the city. The city administrator may, at the administrator’s discretion, impose such conditions as may be deemed appropriate to mitigate concerns over traffic, parking, public health and safety and similar issues. Upon receipt of a completed application, the city administrator shall provide a decision on the completed application within five working days. Beer and/or wine gardens may be permitted on private or public property subject to the conditions imposed by the city administrator and as set forth in this chapter. (Ord. 1243 § 1 (part), 2002).

5.48.020 Restrictions.

Notwithstanding the other provisions of this chapter, a beer and/or wine garden may only be allowed during a city, community or nonprofit organization function and no beer and/or wine garden shall be allowed over the Memorial Day weekend or to operate for more than five days during any thirty-day period. (Ord. 1243 § 1 (part), 2002).

5.48.030 Application.

Applications for a beer and/or wine garden shall, at a minimum, include the following:

A. A site plan showing:

1. The location of the beer and/or wine garden;

2. The location of entrances and exits and how the beer and/or wine garden area will be secured, including but not limited to a description of the type of fence or barriers proposed to be used; and

3. The location of the alcohol service area (bar) and the general seating arrangement.

B. A name, phone number and address, including a phone number available during the proposed hours of operation of the beer and/or wine garden, of a contact person associated with the applicant.

C. A copy of the documentation evidencing incorporation of the entity or a copy of the charter of the entity making the application (if applicable).

D. A description of security, including, but not limited to, how identification will be checked to assure exclusion of minors and how disruptive behavior will be minimized, and such other evidence of other steps that will be taken to ensure the safety of all patrons.

E. The proposed dates and hours of operation.

F. The city or community function associated with the request for a beer and/or wine garden.

In addition to the requirements of this section, following the filing of a completed application and before operation, the applicant must comply with the minimum conditions set forth in Section 5.48.040. (Ord. 1243 § 1 (part), 2002).

5.48.040 Minimum conditions.

The following shall be the minimum conditions for any beer and/or wine garden permitted by the city:

A. The beer and/or wine garden shall be located entirely within a fenced area. The fenced area may be temporary construction.

B. The applicant shall comply with all regulations of the Washington State Liquor Control Board and applicable state statutes.

C. The applicant shall provide to the city administrator, prior to approval of the application, proof of compliance with applicable Chelan-Douglas health district requirements.

D. The city fire chief shall review the application for compliance with the Uniform Fire Code.

E. The city chief law enforcement officer (or designee) shall inspect the beer and/or wine garden for compliance and shall have the authority to suspend operation if the applicant is found to be out of compliance with any conditions of the permit.

F. The applicant shall submit proof of liability insurance with coverage in the amount of one million dollars per occurrence. Said insurance shall be provided by an insurance carrier approved by the city and in a form approved by the city, shall name the city of Chelan as an additional insured, and provide that the insurance may not be cancelled without prior written notice to the city. In addition, the applicant shall execute an agreement to indemnify, defend, and hold the city harmless from any liability associated with the operation of the beer and/or wine garden. (Ord. 1287 § 5, 2004; Ord. 1243 § 1 (part), 2002).

5.48.050 Appeals of denial, suspension, or revocation of license.

In the event a license under this chapter is denied, conditioned, suspended or revoked, the applicant or licensee may appeal the decision under the uniform code enforcement, Chapter 2.80. (Ord. 1501 § 11 (Exh. H), 2015: Ord. 1243 § 1 (part), 2002).


1

Prior legislation: Ord. 1227.