HomeMy WebLinkAboutORDINANCES-2018-098-O-189/4/2018
98-0-18
AN ORDINANCE
Amending City Code Section 7-2-6(0), "Sidewalk Cafes," Allowing Class
K Liquor License Holders Sidewalk Cafe Permits
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.
Definitions.
BAKERY. An establishment for any process of mixing,
;compounding and baking any bread, biscuits,
'crackers, rolls, cakes, pies, or any food products
Eof 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.
_.__.__._........................................ 1 ...... ...... ..........
: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
;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.
.. _ ..... ......_.___._.....__m..._...........__ ___._..___ __.. _._.... - - - ..._____ .._ ..
: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 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 feet (200') 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 City
Council 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 feet (200') 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)(2)(b) and Section 7-2-6(D)(6).
The two hundred feet (200) 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 Feet Of A Residentially Zoned District Or Type 1
Restaurant With An Alcoholic Liquor License Outside The Core
Area 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 feet (200') from a residentially
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zoned district, or type 1 restaurants with an alcoholic liquor license
outside the "core area" as defined in Section 3-5-1 of this Code and
desirous of selling alcoholic liquor on the sidewalk cafe premises as
defined in Section 7-2-6(D)(1), also shall require the approval of the
City Council. The Public Works Department shall review all
applications for sidewalk cafes for type 2 restaurants, other
licensed food service establishments or other licensed retail food
stores, or type 1 restaurant with a liquor license outside of the "core
area" desirous of selling alcoholic liquor on the sidewalk cafe
premises and any licensed food service establishment or licensed
retail food store within two hundred feet (200') of a residentially
zoned district and report to the City Council upon each application
with respect to the standards set forth below. The report is to
include written findings of fact with respect to each standard and a
recommendation as to whether the permit should be granted.
Further, no less than ten (10) business days prior to review and
consideration by the City Council, any 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 feet (200') from a residentially
zoned district, or type 1 restaurant with an alcoholic liquor license
outside the "core area" desirous of selling alcoholic liquor on the
sidewalk cafe premises must give notice of the review and
consideration by the City Council by making a good faith effort to
distribute flyers containing notice of the review and consideration by
the City Council to all households, residents, and land users within
two hundred fifty feet (250') of the subject property, and must post a
sign notifying of same on the premises appurtenant to the sidewalk
cafe. The posted notice and the flyered notice minimally shall
contain the name and telephone number of the business for which
the applicant is applying for the sidewalk cafe permit, the location of
the subject property, the matter under consideration, and the date,
time, and location of the review and consideration by the City
Council and by the Administration and Public Works Committee 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 Administration and Public Works Committee and the City
Council. The process is as follows:
i. The Public Works Department shall review a sidewalk cafe
application submitted by an enoteca or Class K liquor licensee.
ii. Public Works shall submit its recommendation to the
Administration and Public Works Committee and City Council on
each application with respect to the standards set forth in Section
7-2-6-(D)(6). The report must include written findings of fact with
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respect to each standard and a recommendation as to whether the
permit should be granted.
iii. Any enoteca or Class K liquor licensee seeking to sell wine,
beer, or alcoholic liquor on the sidewalk at the premises must
provide written notice to all property owners within two hundred fifty
feet (250') and post notice of the same on the premises applying for
the permit not less than ten (10) business days prior to review and
consideration by the City Council. The notices shall contain the
name and telephone number of the enoteca or Class K liquor
licensee applying for the sidewalk cafe permit, the location of the
subject property, the matter under consideration, and the date,
time, and location of the review and consideration by the City
Council and by the Administration and Public Works Committee of
the City Council.
iv. The City Council will approve or deny the sidewalk cafe permit
request.
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 City Manager or his/her designee in the instance
of a type 1 restaurant, bakery or ice cream store, when the use is
more than two hundred feet (200') from a residentially zoned
district, or with approval of City Council in the instance of a type 2
restaurant, other licensed food service establishment or other
licensed retaill food store, or any licensed food service
establishment or licensed retail food store within two hundred feet
(200') of a residentially zoned district or type 1 restaurant with an
alcoholic liquor license outside the "core area", or an enoteca/Class
K liquor licensee desirous of selling alcoholic liquor on the sidewalk
cafe premises.
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.
f. Exception; Renewal. If a sidewalk cafe permit was issued for the
prior calendar year, the approval for a sidewalk cafe permit shall be
obtained from the City Manager or his/her designee, provided, the
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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 renewal 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 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,
streetlights, traffic signals, street signs, bus shelters, trees, tree
grates, planting boxes and/or planting areas, 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. A menu of the proposed service. Any restaurant which is prohibited
by Section 7-2-6(D) from serving alcoholic beverages must provide
evidence that the menu will so indicate.
e. An indemnification and hold harmless statement in a form approved
by the City.
f. 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 6+ 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.
g. A copy of a valid business license and liquor license (if applicable)
issued by the City.
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h. An acknowledgment that the applicant has received, reviewed, and
understood the regulations pertaining to sidewalk cafes.
i. An annual permit fee in the amount of two hundred dollars
($200.00) plus one dollar ($1.00) per square foot of the public right-
of-way to be occupied. 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.
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.
a.
(1) Licensed type 1 restaurants, possessing an alcoholic liquor
license of any classification and located within the "core
area" as defined in Section 3-5-1 of this Code, may sell
alcoholic liquor on sidewalk cafe premises. Such sale of
alcoholic liquor shall be for consumption on the premises
only with the consumption of a meal. This provision must be
clearly stated on sidewalk cafe menus.
(2) Licensed restaurants, possessing an alcoholic liquor license
of any classification, but located outside the "core area" as
defined in Section 3-5-1 of this Code, unless otherwise
permitted in Section 7-2-6(D)(5)(a)(3), and all type 2
restaurants, 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
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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), and type 2 restaurants 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) 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.
(4) An enoteca possessing a Class K liquor license may sell
wine within the boundaries of the sidewalk cafe premises.
(5) A Class K liquor licensee may sell beer, wine, or liquor within
the boundaries of the sidewalk cafe premises.
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 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 licensee at said tables,
benches, or chairs.
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e. The operator of any licensed food service establishment or licensed
retail food store or enoteca 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. Sidewalk tables, benches, or chairs may not be attached by any
means to the public sidewalk or any other public property.
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
two hundred dollar ($200.00) fee.
h. A sidewalk cafe shall not be open for business when the interior
aspect of the business is not open for business.
i. 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 3-5-1, the Ciity's liquor
control regulations, of this Code.
I. Alcohol will not be served at sidewalk cafes after nine thirty o'clock
(9:30) P.M. on weekdays and after ten thirty o'clock (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.
6. 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 Public Works Department will review all
applications for sidewalk cafes 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
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within two hundred feet (200') of a residentially zoned district, or type 1
restaurant with a liquor license outside of the "core area" and desirous of
selling alcoholic liquor or an enoteca or Class K liquor licensee that wants
to sell wine on the sidewalk cafe premises and will report to the City
Council upon each application with respect to the standards set forth
below. The City Council after receiving the report of the Public Works
Department, may refer the application back to the Public Works
Department for additional review, or, by motion, may approve, approve
with conditions, or disapprove, an application for a permit for a type 2
restaurant, or other licensed food service establishment or other licensed
retail food store, or any licensed food service establishment or licensed
retail food store which is within two hundred feet (200') of a residentially
zoned district, or type 1 restaurant with a liquor license outside of the "core
area" and desirous of selling alcoholic liquor or an enoteca or Class K
liquor licensee that wants to sell wine on the sidewalk cafe premises, upon
findings of fact with respect to each of the standards set forth below:
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 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
block of a parking lot with spaces available during hours of
operation of the sidewalk cafe in numbers to accommodate one
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 the garage, 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.
Notwithstanding an affirmative finding on any or all of the standards
in Section 7-2-6(D)(6), the City Council 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 any licensed
food service establishment or licensed retail food store which is
within two hundred feet (200') of a residentially zoned district, or
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 or Class K liquor licensee
upon a finding that such denial is in the public interest.
7. 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
licensee whose sidewalk cafe permit has been revoked within the previous
two (2) calendar years.
8. 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
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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.
I ntrod uced:,eo4emb,el
Adopted: geD4647&t
1
Devon Reid, City Clerk
12018 Approved:
, 2018 J�o , 2018
aephen H. XHag�afty,�-Ma 41
Approved as to form:
Michelle L. Masoncup, Corporation
Counsel
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