Elburn closer to allowing beer gardens

By midsummer, Elburn bar and restaurant patrons may be able to enjoy an adult beverage in beer gardens and on patios legally.

The village board seems inclined to approve changes in the town’s liquor law to allow that after refining a few points Monday at a committee of the whole meeting. The board will vote on it July 11.

The board decided that rather than creating a new “Class O” license for outdoor imbibing, it would be simpler to add the outdoor rules to existing license categories for bars, restaurants, nonprofit organizations and stores. (Hughes Creek Golf Club is already allowed outdoor service under a “golf club” license.) That way, a facility wouldn’t need to apply for two licenses.

One of the sticking points Monday was defining how long “temporary” is for temporary fencing. Under the proposed changes, places that allow drinking outdoors must have the area cordoned off by a 4- to 6-foot-tall fence. If they only have a beer garden for temporary events, such as a charity motorcycle ride or Elburn Days, they can use a temporary fence. Trustees, however, don’t want to see a “temporary” fence, such as an orange snow fence, up all summer. Instead, license holders will have to remove it within 48 hours after an event ends.

The fencing is intended to keep patrons from handing drinks to passers-by, to keep underage drinkers out and to protect adjacent property owners from any negative effects.

“In all honesty, it is up to the license holder to police it,” said Village President Dave Anderson, who as liquor commissioner oversees licensing. Elburn police have not conducted undercover underage-drinking compliance checks recently; Illinois State Police did in June 2010.

If license holders allow people to enter through a gate in the fence, they will have to station an employee there to check people’s identification to see who is of legal age to drink. The proposed law also regulates when and how loud any amplified music or other entertainment may be played.

The proposed law doesn’t specify the materials or design of the required fencing. That would be governed by the village’s building rules.