§ 5.08.136. License—Class H.

A.

The Class H license shall authorize the consumption of alcoholic beverages outside the licensed premises; provided, that such consumption shall be limited to an area adjacent to and contiguous with the licensed premises and owned by the license holder. There shall be no sale of alcoholic beverages except inside the licensed premises, which alcoholic beverages may then be distributed to said outside location. A Class H license may only be issued to the current holder of a Class A or Class E license.

B.

The area of consumption outside of the license premises, as limited above, shall be enclosed by a solid fence of at least seven feet and not more than eight feet in height, unless a variance is approved by the health and ordinance committee of the City of Byron. Such area shall not be accessible from the outside, but shall be assessable from the licensed premises only.

C.

The hours for such license shall be Monday through Thursday from ten a.m. until ten p.m., Friday and Saturday from ten a.m. to midnight and Sunday from eleven a.m. to nine p.m.

D.

In addition to all other conditions set forth in this section, there shall also be imposed the following conditions:

1.

No outside lighting except at the entrance to the outside area from the licensed premises;

2.

No advertising of any kind shall be allowed on or be visible from the outside of the solid fence enclosure.

E.

The fee for such license shall be three hundred fifty dollars per year, but may be paid semi-annually in advance.

F.

No Class H liquor license shall be issued without a background check as provided in this chapter, the recommendation of the liquor commissioner and approval by the city council.

(Ord. 07-23 §§ 1, 2, 2007; Ord. 07-18 §§ 1, 2, 2007; Ord. 07-06 §§ 1, 2, 2007; Ord. 03-03 § 1(part), 2003).

(Ord. No. 2013-07, § 1, 8-7-2013; Ord. No. 2013-12, § 5, 11-20-2013; Ord. No. 2014-11, § 1, 7-2-2014; Ord. No. 2016-15, § 7, 10-5-2016)