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HomeMy WebLinkAboutORDINANCES-2019-046-O-194/23/2019 4/26/2019 6/5/2019 6/25/2019 7/1/2019 46-0-19 AN ORDINANCE Amending City Code Section 7-2-6(D), i°Sidewalk Cafes," to allow permanent fixtures, year-round operations, and alcohol service at type 2 restaurants SECTION 1: Title 7, Chapter 2, Section 6(D) of the Evanston City Code of 2012, as amended (the "City Code"), is hereby further amended to read as follows: (D) Sidewalk Cafes. 1. Definitions. BAKERY. An establishment for any process of mixing, compounding and baking any bread, biscuits, crackers, rolls, cakes, pies, or any food products of which flour or meal is a principal ingredient, for sale at retail or at wholesale. ENOTECA. A wine shop classified as a retail goods establishment holding a valid City of Evanston Class K liquor license. ICE CREAM STORE. An establishment selling primarily ice cream, soda water, frozen yogurt and soft drinks. OTHER An establishment licensed by the City of Evanston LICENSED as a food service establishment or as a retail food FOOD store, under Title 8 of this Code, which is not a SERVICE "bakery," an "ice cream store," a "restaurant type ESTABLISHMENT or1," or a "restaurant type 2," as defined in this OTHER LICENSED Section. RETAIL FOOD STORE. RESTAURANT An establishment in which the principal use is the TYPE 1. service of prepared food and beverages for consumption on the premises. All service of prepared food and beverages for consumption on the premises shall require customers to order at a table, booth or dining counter with service by a 46-0-19 waiter or waitress at said table, booth or dining counter and also shall require the use of reusable (nondisposable) flatware and dishware. Drive - through facilities are prohibited. RESTAURANT An establishment in which the principal use is the TYPE 2. service of prepared food and/or beverages for consumption on and/or off the premises and that is not a "restaurant type 1" as defined in this Section. This definition shall not include establishments wherein incidental prepared food and beverage service is accessory to a bakery, food establishment, convenience store, food store establishment, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools or other similar principal uses. SIDEWALK CAFE. A dining area located partially or wholly on a public sidewalk or parkway. 2. Permits. a. Type 1 Restaurants (Not Selling Alcoholic Liquor on the Sidewalk Cafe Premises), Bakeries, or Ice Cream Stores More than Two Hundred (200) Feet from a residentially Zoned District. Permits to rent sidewalk space for a sidewalk cafe shall only be granted to the licensed operator of restaurants, bakeries, or ice cream stores, as defined in Section 7-2-6(D)(1) when these uses are more than two hundred (200) feet from a residentially zoned district. Sidewalk cafes are not permitted at restaurants, bakeries or ice cream stores, or other licensed food service establishments, or other licensed retail food stores located in a residential district. The Design & Project Review Committee may authorize sidewalk cafes appurtenant to a type 2 restaurant, and appurtenant to any restaurant, bakery, ice cream store, or other licensed food service establishment, or other licensed retail food store which is within two hundred (200) feet of a residentially zoned district and is not itself within a residential district subject to the procedures, standards, and regulations contained within Section 7-2-6(D)(6). The two hundred (200) feet shall be measured from the lot line of the parcel devoted to said sidewalk cafe to the residential zoning district boundary, inclusive of right-of-way. b. Type 2 Restaurants, Other Licensed Food Service Establishments or Other Licensed Retail Food Stores, and any Licensed Food Service Establishment or Licensed Retail Food Store Within Two Hundred (200) Feet of a residentially Zoned District or Type 1 -2- 46-0-19 Restaurant With an Alcoholic Liquor License Outside the "core area" as defined in Section 3-4-1 of this Code and Desirous of Selling Alcoholic Liquor on the Sidewalk Cafe Premises. Sidewalk cafe permits for type 2 restaurants, other licensed food service establishments or other licensed retail food stores, and any licensed food service establishment or licensed retail food store within two hundred (200) feet from a residentially zoned district shall require approval of the Design & Project Review Committee. type 1 restaurants with an alcoholic liquor license outside the core area and desirous of selling alcoholic liquor on the sidewalk cafe premises as defined in Section 7-2-6(D)(1), shall require the approval of the City Council. C. Enoteca and Class K Liquor Licensees. An Enoteca or Class K liquor licensee requesting a sidewalk cafe permit requires approval by the Design & Project Review Committee with respect to the standards set forth in Section 7-2-6-(D)(6). An Enoteca or Class K liquor licensee seeking to sell wine on the sidewalk at the premises shall require the approval of the City Council d. Permit Required. No licensed operator of a restaurant, bakery, ice cream store, or other licensed food service establishment or other licensed retail food store shall erect, place or maintain in or upon any public sidewalk or parking contiguous or adjacent to said licensed restaurant, bakery, ice cream store, or other licensed food service establishment or other licensed retail food store, tables, benches or chairs for the purpose of serving to customers thereon, food and/or beverages for consumption at such sidewalk tables, benches or chairs unless a permit for the same shall have been first obtained from the the City in the instance of a type 1 restaurant, bakery or ice cream store, when the use is more than two hundred (200) feet from a residentially zoned district, Enoteca/Class K liquor licensee, type 2 restaurant, other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store within two hundred (200) feet of a residentially zoned district. e. Term of Permit. A licensed restaurant, bakery or ice cream store operator or other licensed food service establishment or other licensed retail food store operator or Enoteca operator or Class K liquor licensee annually may apply for and obtain a sidewalk cafe permit. The sidewalk cafe permit shall be effective only for the period April 1 through November 1 of the calendar year for which the City has issued it. No licensed operator shall assign or transfer a sidewalk cafe permit. f. Exception; Renewal. If a sidewalk cafe permit was issued for the prior calendar year, the approval for a sidewalk cafe permit shall be -3- 46-0-19 obtained from the City Manager or his/her designee, provided, the sidewalk cafe permit previously issued was not revoked or suspended, and the sidewalk cafe received no inspection citation(s) from property standards or the Health Department for said prior calendar year. The application must satisfy the requirements set forth in Section 7-2-6(D)(3). 3. Permit Application. At the time of making application for a permit, the applicant shall furnish, the following information to the City Manager or his/her designee: a. Name and mailing address of the applicant and of the proposed sidewalk cafe. b. A detailed drawing to scale of the proposed site indicating the following: the existing facade; the points of ingress and egress; and the proposed location of the tables, chairs, serving equipment, planters, awnings, lighting, delimiting ropes or chains and other facilities to be included in the cafe operation. The detailed scale drawing must indicate the location of the existing public improvements including the following: fire hydrants, parking meters or parking pay boxes, streetlights, utility structures, traffic signals, street signs, bus shelters, trees, tree grates, planting boxes and/or planting areas, landscaping, and any other public or private obstruction. A plat of survey is required. C. A statement of use as type 1 or type 2 restaurant, ice cream store, bakery, or other licensed food service establishment or other licensed retail food store of the principal use or Enoteca or Class K liquor licensee. d. An indemnification and hold harmless statement in a form approved by the City. e. A certificate of insurance covering the period of the outdoor operations, including coverage of comprehensive general liability insurance and other appropriate coverage for these types of business activities in the amount of one million dollars ($1,000,000.00) per occurrence and five hundred thousand dollars ($500,000.00) per person. The City is to be named as an additional insured on the face of the certificate with an insurance company with a B+ rating or better. Any changes or cancellations shall require that the City be notified in writing at least thirty (30) days prior to the effective date of the change or cancellation. The certificate of insurance shall be subject to final approval by the City and the applicant shall make whatever amendments to said certificate if requested to do so by the City. —4— 46-0-19 f. A copy of a valid business license and liquor license (if applicable) issued by the City. g. An acknowledgment that the applicant has received, reviewed, and understood the regulations pertaining to sidewalk cafes. h. Annual permit fee in the amount of three hundred dollars ($300.00) for type 1 restaurants and type 2 restaurants or two -hundred and fifty dollars ($250.00) for all other businesses. A three dollar ($3.00) per square foot of the public right-of-way to be occupied shall be paid by type 1 restaurants and type 2 restaurants or two dollar ($2.00) per square foot of the public right-of-way to be occupied shall be paid by all other businesses. In instances in which any licensed food service establishment or licensed retail food store has used the public right-of-way for a sidewalk cafe without the benefit of a permit issued by the City for such usage, the sidewalk cafe annual permit fee shall be increased by an additional two hundred dollars ($200.00) plus one dollar ($1.00) per square foot of the public right-of-way to be occupied. 4. Unobstructed Passage. At all times the operator of any licensed food service establishment or licensed retail food store shall: a. Maintain a clear distance of a minimum of six (6) unobstructed feet in width, measured from the sidewalk curb and from any public improvements within the right-of-way, including, but not limited to, parking meters, signs, and planters to the ropes or chains delimiting the sidewalk cafe area as indicated on the approved permit. If the sidewalk cafe has permanent infrastructure, the permittee must maintain a clear distance of eight (8) unobstructed feet in width. Clearance should provide for a lineal path for pedestrian travel. Cafe area shall be two (2) feet minimally from inside of street curb and shall not encroach into streetscape paver band. b. Not interfere with the passage of pedestrians, vehicle flow, or access to buildings. C. Not place sidewalk tables, benches, or chairs in a location that interferes with the operation of fire hydrants, pedestrian crosswalks, intersections, bus stops, or taxi stands, or in a location that is harmful to trees or other plantings. d. Not utilize any of the required or nonrequired parking space area for sidewalk tables, benches, chairs, or other furniture and materials associated with the sidewalk cafe. 5. Rules And Regulations For All Sidewalk Cafes. -5- 46-0-19 a. A type 1 restaurant with an alcoholic liquor license outside the "core area", Enoteca/Class K liquor licensee desirous of selling alcoholic liquor on the sidewalk cafe premises must first obtain an alcohol license from the City Council. (1) Licensed type 1 restaurants, possessing an alcoholic liquor license of any classification and located within the core area, may sell alcoholic liquor on sidewalk cafe premises. Such sale of alcoholic liquor shall be for consumption on the premises only during the period when their patrons are offered a complete meal. (2) Licensed restaurants, possessing an alcoholic liquor license of any classification, but located outside the "core area" as defined in Section 3-4-1 of this Code, unless otherwise permitted in Section 7-2-6(D)(5)(a)(3), are prohibited from serving alcoholic liquor on the sidewalk cafe premises or allowing any patron to consume or have in his or her possession, any alcoholic liquor on said cafe premises. Licensed restaurants outside the core area which serve alcoholic liquor in the principal establishment, unless otherwise permitted in Section 7-2-6(D)(5)(a)(3) which serve alcoholic liquor in the principal establishment shall clearly state on the menu for outdoor service that the sale and/or consumption of alcoholic liquor is prohibited. (3) Type 2 restaurants are, generally, prohibited from serving alcohol and must clearly state on the menu for outdoor service that the sale and/or consumption of alcoholic liquor is prohibited. However, Type 2 restaurants which serve alcoholic liquor in the principal establishment, may serve alcohol on their sidewalk cafe only if the restaurant complies with the requirements of a Type 1 restaurant in Section 7-2-6(D) on the restaurant's sidewalk cafe. All alcoholic beverages must be served in reusable glassware. (4) Licensed type 1 restaurants, possessing an alcoholic beverage license of any classification, but located outside the "core area," may request a sidewalk cafe permit which allows the sale of alcoholic liquor on sidewalk cafe premises subject to the standards and procedures of Section 7-2-6(D)(6) and in compliance with all other applicable provisions of this Code. (5) An Enoteca possessing a Class K liquor license sell wine within the boundaries of the sidewalk cafe premises. (6) A Class K liquor licensee may sell beer, wine, or liquor within the boundaries of the sidewalk caf6 premises. (7) Alcohol is not permitted on the sidewalk cafe of a restaurant that does not possess a City of Evanston liquor license. —6— 46-0-19 b. At all times, including while being stored, prepared, displayed, served or transported to the table, food shall be protected from potential contamination by being covered and/or refrigerated if necessary. C. Reusable, nondisposable flatware, dishware and beverage containers, are required for use in association with all sidewalk cafes. No food or beverage, including water, shall be served in, on, or with single use paper, plastic, or polystyrene plastic dishes or utensils, nor shall any food or beverage be served to the customer wrapped or packaged in foil, paper, plastic, or polystyrene plastic. The prohibition on the use of single use dishes, utensils, beverage containers or foil, paper, plastic, or plastic wrapping or packaging may be waived by the Design & Project Review Committee or City Council upon a showing of good cause. Such good cause includes, but is not limited to, provisions of table bus service, a litter control and disposal plan, or equivalents, sufficient to obviate any adverse off site effects of the grant of the waiver. d. When associated with type 1 restaurants, food or beverages consumed at sidewalk tables, benches, or chairs must be served by a waiter or waitress of the restaurant at said tables, benches, or chairs. When associated with type 2 restaurants, bakeries, ice cream stores or any other licensed food service establishment or other licensed retail food store, a sidewalk cafe shall provide bus service during all hours of operation. When associated with Enotecas or Class K liquor licensees, food or beverages consumed at sidewalk tables, benches, or chairs must be served by a waiter or waitress of the Enoteca or Class K liquor licensees at said tables, benches, or chairs. e. The operator of any licensed food service establishment or licensed retail food store or Enoteca or Class K liquor licensees must maintain the exterior of the premises, including the sidewalk cafe area, in accordance with applicable regulations of the Evanston Health Department and Public Works Department. This duty to maintain extends to the removal of all litter, regardless of its source. f. Generally, Sidewalk tables, benches, or chairs may not be attached by any means to the public sidewalk or any other public property. If a restaurant has a right of way space that is rectangular and is larger than six hundred (600)sq/ft, the restaurant can apply to install permanent infrastructure for its sidewalk cafe. g. Sidewalk tables, benches, or chairs may be stored on the City sidewalk, in an area approved by the City, upon the payment of a -7- 46-0-19 three hundred dollar ($300.00) fee for type 2 restaurants or a two - hundred and fifty ($250.00) for all other types of businesses. h. A sidewalk cafe shall not be open for business when the interior aspect of the business is not open for business. The outdoor seating area shall be accessible to the disabled, and the licensee shall at all times comply with all applicable federal, state, and City laws, ordinances, and regulations concerning accessibility and nondiscrimination in the providing of services. j. No animals, except those assisting the disabled, shall be allowed in the outdoor restaurant seating area. k. Except for an Enoteca business or Class K liquor license establishment, alcohol will only be served at sidewalk cafes in conjunction with a full meal. The sidewalk cafe shall not function as a "bar," as that term is defined in Section 3-4-1, the City's liquor control regulations, of this Code. Alcohol will not be served at sidewalk cafes after 9:30 p.m. on weekdays and after 10:30 p.m. on weekends. M. Any violation of the City's liquor control regulations at the sidewalk cafe premises may result in the revocation of the liquor license for the entire licensed premises in accordance with the provisions of Title 3, Chapter 5 of this Code. n. Revocation or suspension of a sidewalk cafe permit by the City Manager or his/her designee pursuant to Section 7-2-6(D)(7) prohibits service of alcoholic liquor on the sidewalk cafe premises for the duration of the revocation or suspension. o. No amplified music, whether live or recorded, is allowed on sidewalk cafe premises. p. The sidewalk cafe permit and approved plan shall be conspicuously displayed on the exterior wall or window of the main entrance of the licensed retail food establishment during all hours of operation. The boundaries of the Sidewalk Cafe, including the physical boundary separating the permitted outdoor seating from the remainder of the public way, shall reflect the approved plan and shall not be modified or altered unless approved by the Design & Project Review Committee or City Council. r. If a boundary is installed enclosing the permitted area from the remainder of the public way, the boundary shall be no less than twenty-four (24) inches or more than thirty-six (36) in height and shall include cane detectable barriers located twenty-seven (27) inches or less above ground. —8— 46-0-19 S. Non —permissible enclosure of City property within the boundaries of the sidewalk cafe shall include, but not limited to parking meters/boxes, fire hydrants, newspaper stands/boxes, trees, planters and bike racks. These types of items must be accessible to the public or to the City for emergency services. t. No portion of the sidewalk cafe shall expand to include neighboring businesses, residences or empty lots. No portion of the sidewalk cafe shall be elevated. Sidewalk cafes cannot operate under scaffolding or construction canopies. U. Permittees are required to be current with payment of all taxes and any fee/payment due the City of Evanston. Permit shall be automatically revoked sixty (60) days after notice on non-payment and equipment shall be removed from cafe area. V. Smoking of any type is prohibited on sidewalk cafes. Permittees are responsible for the conduct of patrons of their sidewalk cafe. Failure to enforce the City's prohibition against smoking can result in revocation of the sidewalk cafe permit or a fine. 6. Rules for year-round sidewalk cafe: If a sidewalk cafe permittee chooses to offer cafe service year-round, the following additional regulations shall be complied with: a. Fees: Permit Fee per square foot shall be $6 for Type 1 and 2 cafes with year round operations plus $300 annual permit fee and $250 (Type 1)/$300 (Type 2) outdoor storage fee (optional). Permit fee per square foot shall be $4 for all other businesses plus $250 annual permit fee and $250 outdoor storage (optional). b. Operational: The approved cafe space must remain operational. The cafe area cannot be used for winter month storage of cafe structures (barriers, tables, chairs) or for the storage of snow. C. Enclosure: No enclosure of the sidewalk cafe. While a canopy or awning can be used to provide overhead coverage, complete enclosure of a sidewalk cafe is prohibited. Any partial enclosure including overhead, must comply with City of Evanston Building and Fire Code regulations and permit requirements. d. Heating Equipment: Any heating equipment shall be identified on the site plan; shall maintain a minimum clearance distance of three (3) feet from all combustibles; shall be listed for use by an approved agency and any use of electrical power supply for the heating equipment shall be properly grounded and not obstruct the means WE 46-0-19 of egress. The unit and layouts shall be compliant with existing Fire Prevention and Building code regulations. Fire Department review required. e. Snow: All permittees are responsible for snow shoveling and snow removal from cafe area and adjacent public right of way including snow accumulated on the sidewalk as a result of street plowing. Accumulated snow must be hauled from "core area." Cafe area cannot be used for snow storage. Snow must be removed within twenty-four (24) hours following the snowfall. 7. Rules for any cafe with year-round permanent fixtures: If a sidewalk permittee chooses to offer cafe service year-round that includes the installation of permanently attached fixtures within the cafe limits, the following additional regulations shall be complied with: a. Layout Approval: The layout of permanent sidewalk cafe will be reviewed by the Design and Project Review Committee and subject to final approval by the City Council. Layout must include all fixtures to be installed into or attached upon the public sidewalk as well as all other cafe items. Submittal documents shall include fixture specifications showing all season design. All structural elements of fixtures and attachment methods shall be reviewed and sealed by a structural engineer with current licensure with the State of Illinois. b. Public Notice: All addresses within two hundred fifty (250) feet of cafe area shall be notified of intent to occupy sidewalk space for year round cafe operation which includes permanently attached fixtures. Notice shall be published in a publication of local circulation of applicant's intent to occupy the .sidewalk space for year round cafe operation which includes permanently attached fixtures. Expense for notification is the applicant's responsibility. Notice shall be published in a publication of local circulation a minimum of 15 days prior to DAPR hearing date C. Construction: The permittee shall be responsible for the construction and cost of any improvement in the public right of way. d. Maintenance: The permittee shall be responsible for all maintenance and repair of cafe area and permanently attached fixtures. e. Site Restoration: The permittee shall be required to provide an annual bond for the removal of the permanent fixtures and restoration of the sidewalk after the permittee ceases cafe _10- 46-0-19 operation. Restoration of the sidewalk shall be the responsibility of the permittee. If a license is revoked or not renewed, the permittee shall coordinate with the Public Works Agency Director and restore the sidewalk to its original condition within sixty (60) days of revocation or expiration of the permit. The Public Works Agency Director may grant extensions for good cause. Bond amount to be determined by Public Works Agency and submitted annually with sidewalk cafe application. Access: The City has the right to access the cafe area for the purpose of sidewalk and utility maintenance. g. Changes to fixtures or layout: Proposed changes to the layout or fixtures shall be reviewed and approved by the Design and Project Review Committee prior to any changes being made. h. Clearance: Sidewalk cafes with permanently attached fixtures are required to maintain a minimum of eight (8) unobstructed feet in width measured from any public improvement within the right of way, including but not limited to parking meters and boxes, signs, planters to any barrier delimiting the sidewalk cafe area as indicated on the approved site plan. Clearance should provide for a lineal path for pedestrian traffic. Cafe area shall be two (2) feet minimally from the inside of the street curb and shall not encroach the streetscape paver band. Good Standing: Applicant is eligible for permanent fixture installation only if all taxes and payments/fees owed the City are current. Applicant must be in good standing with the City of Evanston for previous 12 months. 8. Standards and Procedures for Approval of a Permit for a Sidewalk Cafe for a Type 2 Restaurant, Other Licensed Food Service Establishment, Other Licensed Retail Food Store, Type 1 Restaurant Within Two Hundred Feet of a Residentially Zoned District, or a Type 1 Restaurant With an Alcoholic Liquor License Outside the Core Area and Desirous of Selling Alcoholic Liquor on the Sidewalk Cafe Premises or an Enoteca or a Class K Liquor Licensee. The Design & Project Review Committee, by motion, may approve, approve with conditions, or disapprove, an application for a permit for type 2 restaurants, or other licensed food service establishments or other licensed retail food stores, or any licensed food service establishment or licensed retail food store which is within two hundred (200) feet of a residentially zoned district, or Enoteca/Class K liquor licensee upon finding of facts with respect to the standards set forth below: —11— 46-0-19 a. The proposed sidewalk cafe will not cause a negative cumulative effect when its effect is considered in conjunction with the cumulative effect of other sidewalk cafes in the immediate neighborhood. b. The proposed sidewalk cafe will not cause undue pedestrian or vehicular traffic congestion. C. The sidewalk cafe will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. d. The proposed sidewalk cafe will comply with all the rules and regulations contained herein, except that the Design & Project Review Committee or City Council may modify, or waive the requirements in Section 7-2-6(D)(5)(c). Sidewalk cafes serving alcoholic liquor must comply with the City's liquor control regulations. e. For sidewalk cafes licensed in the previous year, any failure to comply with the provisions of Section 7-2-6(D) or with the City's liquor control regulations during that year are not likely to have an adverse effect upon the public health, welfare, or safety in the year for which permission is sought to serve alcoholic liquor at the sidewalk cafe. f. The proposed sidewalk cafe is not likely to have an adverse effect upon the public health, welfare, or safety. g. For type 1 restaurants outside the core area not located within one (1) block of a parking lot with spaces available during hours of operation of the sidewalk cafe in numbers to accommodate one (1) vehicle for each table in the sidewalk cafe, the applicant seeking permission to sell alcoholic beverages at a sidewalk cafe must provide and maintain valet parking service utilizing a dedicated off street parking facility. Each such restaurant must actively encourage its customers to park in a parking facility, not on the street. h. All permitted sidewalk cafe staff serving alcohol to sidewalk cafe patrons shall acknowledge and abide by all City and State BASSET requirements. Type 1 restaurants with an alcoholic liquor license outside the core area and desirous of selling alcoholic liquor on sidewalk cafe premises or Enotecas/Class K liquor licensees that wants to sell wine on the sidewalk at the premises shall require the approval of the City Council. The City Council, by motion, may approve, approve with conditions, or disapprove, an application for a permit upon findings of fact with respect to any of the above standards. Notwithstanding an affirmative finding on any or all of the standards in Section 7-2-6(D)(6), the Design & Project Review Committee -12- 46-0-19 may deny a permit for a sidewalk cafe for a type 2 restaurant, or other licensed food service establishment or other licensed retail food store, or Enoteca/Class K liquor licensee, or any licensed food service establishment or licensed retail food store which is within two hundred (200) feet of a residentially zoned district. The City Council may deny permission to sell alcoholic beverages on the sidewalk cafe premises of a type 1 restaurant with an alcoholic liquor license outside of the "core area" or an Enoteca/Class K liquor licensee upon a finding that such denial is in the public interest. Appeals. An appeal of any decision of the Design and Project Review Committee in connection with the standards set forth in this section may be made to the City Council within fourteen (14) days after its transmittal to that party by filing a written notice of final appeal with the City Council. Upon receipt of the written notice of final appeal, the City Council will review the relevant evidence, documents, or information and may receive and consider new evidence. Within thirty (30) days after receipt of the written notice of final appeal, the City Council will render a written decision at a regularly scheduled meeting. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the City Council, is proper to be made in the circumstances. If no regularly scheduled meeting occurs within thirty (30) days of receipt of the notice of final appeal, the City Council will render its written decision at the next regularly scheduled meeting thereafter. The written decision of the City Council will be final. 9. Fines. Any violation of the provisions of Section 7-2-6(D), will result in a fine of two hundred and fifty ($250.00) dollars. Each day of violation constitutes a separate violation for purposes of assessing penalties. 10. Revocation And Suspension. The City Manager or his/her designee may revoke or suspend a permit for any sidewalk cafe at any time upon a determination that the requirements applicable thereto are not met. Unless the public health, welfare, or safety requires more immediate action, revocation and suspension are effective forty eight (48) hours after written notice is delivered to the restaurant, bakery, ice cream store or other licensed food service establishment or other licensed retail food store. No hearing is provided. A licensed restaurant, bakery, ice cream store or other licensed food establishment or other licensed retail food store operator whose sidewalk cafe permit is revoked is not eligible to reapply for a permit during the calendar year of revocation. The City Manager or his/her designee may impose conditions on reinstatement of a suspended permit or upon the grant of a permit to a licensed food service establishment, retail food store operator, or Enoteca or Class K liquor —13— 46-0-19 licensee whose sidewalk cafe permit has been revoked within the previous two (2) calendar years. 10. Legal Effect. In the event of a conflict between the regulations in the zoning ordinance and the regulations contained herein, the regulations in this Chapter shall be controlling with respect to sidewalk cafes. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: Uub Adopted: J��y 9). , 2019 Approved: 122 , 2019 J 2019 Stephen . HaArty, or Attest: (( Devon Reiff; sty Clerk Approved as to form: 1&idihl Michelle L. Masoncup, Corp ration Counsel -14-