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Home My WebLink AboutORDINANCES-1985-073-O-857/17/85 8/1/85 8/15/85 73-0-85 AN ORDINANCE Amending Section 7-2-6 of the Evanston City Code, Pertaining to Streets, Sidewalks and Public Ways I WHEREAS, Title 7, Chapter 2, of the Evanston City • Code prescribes standards for streets, sidewalks and public ways within the City of Evanston; and WHEREAS, it is the determination of the City Council of the City of Evanston that the limited use of sidewalks for restaurant tables would be a desirable benefit to the citizens of Evanston, Cook County, Illinois: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: I� SECTION 1: That Section 7-2-6 of the City Code of the City of Evanston, 1979, as amended, is further amended by adding the following Section (D), SIDEWALK CAFES: (D) Sidewalk Cafes: • 1. Definitions: Restaurant: An establishment which serves prepared food and/or beverages to customers for consumption on the premises at a ` table, booth or counter. An establishment which has been issued a special use permit or variation to allow for carry out or fast food service is not considered a restaurant for the purpose of this chapter. Bakery: An establishment used for any process of mixing, compounding and baking any bread, biscuits, crackers, rolls, cake, pies, or any food products of which flour or meal is.a principal ingredient, for sale at retail or at wholesale. Ice Cream An establishment selling primarily Stores: ice cream, soda water and soft drinks. 2. Permits: Permits for an outdoor cafe shall only be granted to the licensed operator of restaurants, bakeries, ice cream stores, as defined in Section 1. Outdoor cafes are not permitted at restaurants, • bakeries, ice cream stores located in a residential district or within 200 feet of an R-1 or R-2 District (the 200 feet shall measure from lot line to lot line). 3. Sidewalk Tables, Benches, Chairs: No licensed operator of a restaurant, bakery or ice cream store shall erect, place or maintain in or upon any public 73-0-85 sidewalk contiguous to said increased licensed restaurant 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 first been obtained from the City Manager. 4. Permit Application: At the time of making • application for a permit the licensed restaurant operator shall furnish the following information to the Office of the City Manager: a. Name and mailing address of the applicant and the proposed outdoor 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, and other facilities to be included in the cafe operation. In addition, the detailed drawing to scale must indicate, the location of the existing public improvements including the following: fire hydrants, parking meters, street lights, traffic signals, street signs, bus shelters, trees, and tree grates, planting boxes, and or planting areas, and any other public or private obstruction. It is requested that a plat of survey also be submitted; C. A menu of the proposed service. Any restaurant which is prohibited by this ordinance from serving alcoholic beverages must provide evidence that their proposed menu will so indicate; • d. A Hold Harmless Statement in a form so specified by the City; e. A Certificate of Insurance covering the period of the outdoor operations and includes coverage for comprehensive general liability II insurance and other appropriate coverage for these types of business activities in the amount of One Million Dollars ($1,000,000.) per occurrence; Five Hundred Thousand ($500,000) per person. The City of Evanston 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 cancellation date; f. A copy of a valid business license or liquor license (if applicable) issued by the City of Evanston; g. An annual permit fee in the amount of One Hundred and no/100 Dollars ($100.00) plus One and no/100 Dollars ($1.00) per square foot of the public right of way to be occupied. 5. Term of Permit: The permit issued herein shall be effective only for the period April 1 through • November 1 of the calendar year for which issued. An annual permit must be obtained. 6. Unobstructed Passage: At all times the licensed restaurant operator must: a. Maintain a clear distance of a minimum of five (5)-unobstructed feet in width, measured from -2- 73-0-85 the sidewalk curb (or parking meters where such exist) to any and all sidewalk tables, benches or chairs next to the curb; b. Not interfere with the passage of pedestrian or vehicular flow, or access to building; • C. Not place sidewalk tables, benches or chairs within fifteen (15) feet of a fire hydrant, pedestrian crosswalk, corner, bus stop or taxi stand or within areas containing trees or plantings; d. Not utilize any of the required or non -required parking space area for sidewalk tables, benches or chairs. 7. Rules and Regulations: a. Licensed restaurants, possessing an alcoholic beverages license of any classification and located within the core area as defined in Section 3-5-1 of the City Code, may sell alcoholic liquor on 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 the menus utilized for.the cafe; Licensed restaurants, possessing an alcoholic beverage license of any classification, but located outside the core area, as defined, are prohibited from serving alcoholic liquor on the 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 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; 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. No food, or beverage shall be served in or on paper, plastic and/or styrofoam; d. 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; e. The licensed restaurant operator must maintain the area within fifty (50) feet on either. side of the area in which the sidewalk tables, benches, or chairs are located in a clean, sanitary condition in accordance with all of the applicable rules and regulations of the Evanston Health Department and Public Works Department. This license may be revoked at any time a determination is made by the City that the area is not properly maintained; • f. Sidewalk tables, benches, or chairs may not be attached by any means to the public sidewalk, and/or any other public property; g. Sidewalk tables, benches or chairs shall be stored in the main place of business during off -business hours; ME 73-0-85 • • • h. The business hours of the sidewalk cafe shall be the same as that.of the main business; i. No animals, or pets shall be allowed in the areas utilized for sidewalk tables, benches or chairs. SECTION 2: It is the intent of the City of Evanston that sidewalk cafes create a positive image and enhance the aesthetics of the community. Therefore, it is the intent that seating and accessories be maintained in an attractive and safe manner and that every effort is made to keep them in good repair. SECTION 3: The City Manager may refuse to issue and/or revoke a permit issued herein upon a determination that any of the regulations stated herein have not been satisfied and/or'have been violated. SECTION 4: All ordinances or parts of ordinances; in conflict herewith are hereby repealed. SECTION 5: This ordinance shall.be in full force and effect from and after its passage, approval and publication in the manner provided by law until November 2, 1986. Introduced: ZG'✓i CC - Adopted: +/'�'i'� � /Z. O ATTEST: City Clerk troved as o form. Corpo ation Counsel , 1985. , 1985. Approved: �� , 1985. Mayor -4-