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Home My WebLink AboutORDINANCES-1987-017-O-872/3/87 2/4/87 2/5/87 17-0-87 AN ORDINANCE Amending Title 8, Chapter 8 of the Evanston City Code, 1979, as amended, Pertaining to Food Service Sanitation, and Licensing of Restaurants • WHEREAS, the Zoning Amendment Committee, pursuant to consideration of a City Council reference and public hearings, has recommended amendments to the Evanston Zoning Ordinance pertaining to various types of restaurants; and WHEREAS, the City Council has determined that certain amendments to Title 8, Chapter 8 of the City Code, pertaining to restaurant licensing requirements, are necessary to reflect and correspond to the Zoning Ordinance amendments pertaining to restaurants in Ordinance 15-0-87; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF II THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 8-8.-2 of the Evanston City Code, 1979, as amended, be and hereby is further amended as follows: RESTAURANT, An establishment in which the TYPE (1): principal use is the service of prepared food and/or beverages for consumption on the premises. All service of prepared food and/or 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 shall ' require the use of reuseable (non - disposable) flatware and dishware. Drive-in facilities are prohibited. RESTAURANT, An establishment in which the TYPE (2): principal use is the service of prepared food and/or beverages for consumption on and/or off the premises and which is not a "RESTAURANT, TYPE (1)" as defined herein. This definition shall not include establishments where in- cidental prepared food and/or beverage service is accessory to j a bakery, grocery store, catering • establishment, convenience grocery store, meat market or other similar principal use nor shall it include cafeterias that are accessory to j -1- 17-0-87 hospitals, schools or other similar uses. SERVICE The seating place where one ACCOMMODATION: person or customer to be served can be seated, or in lieu of seating space two (2) lineal feet of counter space which • maybe used or occupied by one patron or customer to be served while standing. SECTION 2: That Section 8-8-4 of the Evanston City Code, 1979, as amended, be and hereby is further amended as follows: 8-8-4: LICENSE FEES: The annual license fees for food service establishments, as defined in this Chapter, shall be as follows: (A) Type (1) and type (2) restaurants with or without drive-in facilities where there are service accommodations for the following: 20 persons or less. $60.00 More than 20 persons plus $1.32 for each person in excess of 20 $60.00 Maximum fee shall not exceed a total of $270.00 (B) Educational institutions including school, fraternity and sorority houses shall be half of the foregoing, • provided that the maximum annual license fee as herein provided shall not exceed $90.00. (C) Those establishments selling only ice cream, soda water and soft drinks exclusively: $24.00, where there are service accommodations for 20 persons or less, plus $0.60 for each service accommodation in excess of 20. SECTION 3: That Section 8-8-5 of the Evanston City Code, 1979, as amended, be and hereby is further amended as follows: 8-8-5: TERM OF LICENSES: All licenses pro- vided in this chapter shall expire on December 31 following the date of issuance. Failure to comply with all the provisions of this chapter shall constitute valid grounds for not renewing a license in accordance with the procedures set forth in Section 3-1 of the City Code. It shall be unlawful to transfer any such license from one person to another. SECTION 4: That Section 8-8-6 of the • Evanston City Code, 1979, as amended, be and hereby is further amended as follows: -2- 8-8-6: ADDITIONAL REGULATIONS: (A) Refuse, Litter and Debris: 1. Disposal of Refuse, Litter and Debris: Each type (1) restaurant and type (2) restaurant shall at least once in each twenty-four (24) hour period, dispose of all paper, cups, plates, napkins, garbage and other • waste material accumulated upon -the premises. It shall also be the duty of the owner, manager, or person in charge.of said establishment to, at all times keep the premises indoors, the premises outdoors, and within a one hundred fifty (150) foot radius of all property lines on which said establishment is located free from rubbish, litter, waste materials and debris including food, beverages, napkins, straws, containers, bags, utensils, cups, plates, bottles, cans and other similar waste materials emanating from the establishment. Where the above one hundred fifty (150) foot radius encompasses private property, permission to encroach on said private property shall be obtained from the property owner. 2.. Waste Receptacles and Required Signage for Type (2) Restaurants: In compliance with Section 7-2-9 of the City Code, a waste receptacle shall be placed at each pedestrian exit from the restaurant building and each vehicular exit from the restaurant parking area. Conspicuous signage complying with the sign ordinance shall be posted within the building and at each waste receptacle location required above describing the requirements and penalties of the City Ordinance applicable to litter. • (B) Hours of Operation for Type (2) Restaurants: It 1 shall be unlawful for any type (2) restaurant to operate for more than twenty (20) hours out of any twenty-four (24) hour daily period, provided, however, that more restrictive hours of operation may be imposed by the City Council as a condition of special use approval. (C) Operations Subject to Other Ordinances: Every owner, manager, or person in charge of a type (1) restaurant or type (2) restaurant shall be subject, in the operation of said establishment, to any and all other applicable ordinances including, but not limited to, Zoning Ordinance requirements and other requirements that may be imposed by the City Council as a condition of special use approval. (D) Unnecessary Noise: No patron of a type (1) restaurant or type (2) restaurant or any other person, shall make or cause to be made any loud or unecessary noise or disturbance upon said premises in violation of Section 9-5-23 of the City Code. The licensee of the restaurant shall be deemed responsible where repeated violations of 9-5-23 occur on the premises or frequent complaints are made of such violations, and the licensee has failed to make reasonable efforts to control the noises and disturbances. • SECTION 5: 'That Section 8-8-6 of the Evanston City Code, 1979, as amended, be and hereby is further amended as .follows: 8-8-7: PENALTIES AND REMEDIES: (A) Any person who violates or fails to perform any duty imposed by this Chapter shall be guilty of an offense -3 17-0-87 punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed for each day that a violation continues. (B) The Public Health Director and/or a designee of the City Manager may seek to enjoin violations of this Chapter. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced 0 Adopted: ATTEST: • r / City Clerk Ap ved as t kiomnjCou : Corpora sel • , 1987. , 1987. Appr ed •ryT ��, 19 8 7. / Mayor -4-