HomeMy WebLinkAboutORDINANCES-2000-067-O-006/7/00, 6/13/00
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AN ORDINANCE
Amending Sections 7-2-6(D)5(c)
And 7-2-6(D)6(d) of the
City Code Permitting City Council Waiver
Of the Use of Certain Nondisposable Food Service
and Packaging Articles in Sidewalk Cafes
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 7-2-6(D)5(c) of the Evanston Code of 1979, as
amended, is hereby further amended to read as follows, with section 7-2-6(D)5 otherwise
unchanged:
• 7-2-6(D) 5. Rules and Regulations For All Sidewalk Cafes:
a. Licensed type I restaurants, possessing an alcoholic beverage 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 cafes menus.
Licensed restaurants, possessing an alcoholic beverage license of any
classification, but located outside the "Core Area" as defined in Section 3-5-1
of this Code, and all type II 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 and type II restaurants which serve alcoholic
liquor in the principal establishment must clearly state on the menu for
outdoor service that the sale and/or consumption of alcoholic liquor is
prohibited in the sidewalk cafe area.
(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.
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(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, polystyrene plastic. The prohibition on the use of single -use dishes,
utensils, beverage containers or foil, paper, plastic, or „elystyFe ,e 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
II restaurants, bakeries, ice cream 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.
e. The operator of any licensed food service establishment or licensed retail
food store 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 shall be stored inside the restaurant
during off -business hours.
h. A sidewalk cafe shall not be open for business when the interior aspect
of the business is not open for business.
i. No animals, including pets, except for service animals (seeing eye dogs),
shall be allowed in the areas utilized for sidewalk tables, benches or chairs.
j. During all sidewalk cafe business hours, the permittee must delimit the •
sidewalk cafe area as indicated on the approved permit by surrounding it
with ropes and chains.
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SECTION 2: That section 7-2-6(D)6(d) is amended to read as follows, with
section 7-2-6(D)6 otherwise unchanged:
7-2-6(D) 6. Standards for Approval of a Permit for a Sidewalk Cafe for a type
11 Restaurant, or other Licensed Food Service Establishment or other
Licensed Retail Food Store, or Type I Restaurant which is within two
hundred feet of a residentially Zoned District: The Site Plan and
Appearance Review Board will review all applications for sidewalk
cafes for type II 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 feet (200") of a residentially zoned district 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 Site Plan and Appearance Review Board, may refer the
application back to the Site Plan and Appearance Review Board for
additional review, or, by motion, may approve, approve with
conditions, or disapprove, an application for a permit for a type II
restaurant, or other licensed food service establishment or other
licensed retail food store which is within two hundred feet (200') of a
residentially zoned district, 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 subsection (D)5c of this Section.
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e. The proposed sidewalk cafe is not likely to have an
adverse effect upon the public health, welfare, or safety.
Notwithstanding an affirmative finding on any or all of the standards
in subsection (D)6 of this Section, the City Council may deny a permit
for a sidewalk cafe for a type II restaurant, or other licensed food
service 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 upon a finding that such denial is in the public interest.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: That this ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced:
Adopted
ATTEST:
MEN
Approved= as to form:
6Corporation Counsel
2.. , 2000
-L V ', 2000
Approved:
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Mayor
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