HomeMy WebLinkAboutORDINANCES-2018-162-O-1811 /29/2018
1 /24/2018
162-0-18
AN ORDINANCE
Amending Portions of City Code Section 7-2-6(D), "Sidewalk Cafes"
Update the Sidewalk Cafe Application Process and Increase Sidewalk
Cafe Permit Fees
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code Subsection 7-2-6(D)(2) of the Evanston City Code
of 2012, as amended, is hereby further amended to read as follows:
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 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 (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" as defined in Section 3-4-1 of this Code 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 Design & Project Review Committee 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. 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.
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 caf6 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 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 renewal application
must satisfy the requirements set forth in Section 7-2-6(D)(3).
SECTION 2: City Code Subsection 7-2-6(D)(3) of the Evanston City Code
of 2012, as amended, is hereby further amended to read as follows:
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, 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. 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 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.
g. A copy of a valid business license and liquor license (if applicable) issued
by the City.
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 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.
SECTION 3: City Code Subsection 7-2-6(D)(5) of the Evanston City
Codeof 2012, as amended, is hereby further amended to read as follows:
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 3-4-1 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 3-4-1 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 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 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 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. 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 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.
SECTION 4: City Code Subsection 7-2-6(D)(6) of the Evanston City Code
of 2012, as amended, is hereby further amended to read as follows:
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 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:
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 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.
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 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.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: 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 7: Ordinance 162-0-18 shall be in full force and effect after its
passage and approval.
SECTION 8: 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: �QYlVapi� , 2019 Approved:
Adopted: �Q�llia'�� o� , 201912019
C/4/ /
Stephen H. Hager`ty, y I
Attest: Approved as to form:
Devon Reid, City Clerk Michelle L. Masoncup, Corpora ion Counsel