Magellans request to allow alcohol to be served in its fenced in area during Freeman Friday Night Live was denied Thursday night by the Waukesha Common Council.

While aldermen Steve Johnson, Roger Patton, Rick Hastings and Andy Reiland voted in favor of the request, it wasn’t enough to overcome the requests that the extension of premise be denied. Several community members came forward and said that granting the exception would create a precedent in the community.

Sprizzo owner Karla Harper said allowing for the “orange fenced-in drinking pen” could eventually result in more bars asking for the same exception.

Some downtown business owners did ask for Magellans to be allowed to serve alcohol in the controlled outdoor setting.

“I see Waukesha as a community having a good time,” said Kerry Mackay, owner of the Steaming Cup. “I don’t see open intoxicants and I watch. I watch carefully.”

Magellans owner Dan Italiano said he wants to be able to serve beer at the tables. Because beer is allowed at some tables on the sidewalk but not at the ones in the street by the music stage he sponsors, some customers don’t understand why there are restrictions.

As for the appearance of the tent?

“I apologize for the color of the orange fence and the pen,” Italiano said. “It is the only color I have available.”