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HomeMy WebLinkAbout67-O-24, Amending Section 7-2-6 _Occupation of Public Ways For Business Purposes; Permits7/8/2024 67-O-24 AN ORDINANCE Amending Section 7-2-6 “Occupation of Public Ways for Business Purposes; Permits” WHEREAS, Section 7-2-6 of the Code contains provisions relating to the occupation of public ways for business purposes and the rules and regulations concerning it; and WHEREAS, Section 7-2-6 currently contains zoning terminology that is not necessarily applicable to the occupation of public ways and can cause confusion as to what is allowed for the occupation of public ways; and WHEREAS, City Council has determined that it is in the best interests of the City to amend Section 7-2-6 to create more accurate language to reflect rules and regulations regarding the occupation of public ways in the City for business purposes, NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 7-2-6, “Occupation of Public Ways for Business Purposes; Permits” of the Evanston City Code of 2012, as amended, is hereby further amended by adding the following: 7-2-6. – OCCUPATION OF PUBLIC WAYS FOR BUSINESS PURPOSES. (A)Sale of Merchandise. No person or any licensed peddler or vendor shall occupy or stand in one place or location on any public right-of-way of the City for the purpose of selling, offering for sale or advertising the sale of merchandise of any kind or character, including, but not limited to, soft drinks, ice cream, candy, nuts or other confections, bakery goods or sandwiches, without a permit first having been obtained from the City Page 2 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~2~ manager or his/her designee. (B)Fruit Stands, Erection of. It shall be unlawful for any person to erect, place or maintain in or upon any street, alley, sidewalk or other public place in the City any fruit stand, lunch stand, lunch wagon, flower stand, bulletin board or any table, box, bin, rack, showcase, platform or any other arrangement or structure for the display or sale of goods, wares or merchandise, or for the pursuit of any occupation whatsoever, unless a permit for the same shall have first been obtained from the City Manager or his/her designee. (C) Dumping or Unloading. 1.Prohibited. It shall be unlawful for any person to dump or unload, or cause to be dumped or unloaded, on any public right-of-way within the City, any material, debris or rubbish unless he/she first obtains a permit from the Department of Public Works. 2.Conditions of Permit. The permit required by this Subsection (C) shall be conditioned upon the dumping or unloading to be done in such a manner as not to obstruct or interfere with the public right-of-way and upon condition of the prompt removal thereof. (D)Sidewalk Cafes. 1.Definitions. BAKERY. An establishment for any process of mixing, compounding and baking any bread, biscuits, crackers, rolls, cakes, pies, or any food products of 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. ICE CREAM STORE. An establishment selling primarily ice cream, soda water, frozen yogurt and soft drinks. OTHER LICENSED FOOD SERVICE ESTABLISHMEN T or OTHER LICENSED RETAIL FOOD STORE. An establishment licensed by the City of Evanston Health & Human Services Department as a food service establishment or as a retail food store, under Title 8 of this Code, which is not a "bakery," an "ice cream store," a "restaurant Type 1," or a "restaurant Type 2," as defined in this Section. RESTAURANT TYPE 1. An establishment in which the principal use is the service of prepared food and beverages for consumption on the premises. All service of prepared food and beverages for consumption on the Page 3 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~3~ 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. RESTAURANT TYPE 2. An establishment in which the principal use is the 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. FULL-SERVICE FOOD ESTABLISHMEN T A licensed food establishment that utilizes wait-staff, reusable dishware, and table service within any sidewalk cafe area. 2.Permits. a. Full-service food establishmentsType 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 food establishments 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 and Project Review Committee Director of Public Works 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, or is within, 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 Page 4 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~4~ Hundred (200) Feet of a Residentially Zoned District or a Food Establishment operating as Full-service as defined in 7-2-6-D-1 Type 1 Restaurant 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. 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 by the Director of Public Works. of the Design and Project Review Committee. Type 1 restaurants Full-service food establishments operating with an alcoholic liquor license outside the core area 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 A Class K liquor licensee requesting a sidewalk cafe permit requires approval by the Director of Public Works Design and 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 and 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 establishementrestaurant, 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 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. 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 cafe permit. Page 5 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~5~ 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 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 of 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 or parking pay boxes, streetlights, utility structures, 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 a licensed food service establishment that will operate with Full-service at the sidewalk cafe in compliance with Section 7-2-6(D)or other licensed retail food store of the principal use or Enoteca or Class K liquor license. d. An indemnification and hold harmless statement in a form approved by the City. e. 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. Page 6 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~6~ f. A copy of a valid business license and liquor license (if applicable) issued by the City. g. An acknowledgment that the applicant has received, reviewed, and understood the regulations pertaining to sidewalk cafes. h. Annual permit fee in the amount of three hundred dollars ($300.00) for Type 1 restaurants and Type 2 restaurants or two hundred 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 fee 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. 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. If the sidewalk cafe has permanent infrastructure, the permittee must maintain a clear distance of eight (8) unobstructed feet in width. Clearance should provide for a lineal path for pedestrian travel. Cafe area shall be two (2) feet minimally from inside of street curb and shall not encroach into streetscape paver band. 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 café. 5.Rules and Regulations for All Sidewalk Cafes. a. A Type 1 restaurant food establishment with an alcoholic liquor license outside the "core area", and any food establishment with a Enoteca/Class K liquor licensee desirous of selling alcoholic liquor on the sidewalk cafe premises must first obtain an alcohol license Page 7 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~7~ from the City Council. (1) Licensed food establishments Type 1 restaurants, possessing an alcoholic liquor license of any classification and located within the core area, may sell alcoholic liquor on sidewalk cafe premises. Such sale of alcoholic liquor shall be for consumption on the premises only during the period when their patrons are offered a complete meal. (2) Licensed food establishments 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), 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 food establishmentsrestaurants outside the core area which serve alcoholic liquor in the principal establishment, unless otherwise permitted in Section 7-2-6(D)(5)(a)(3) 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) Type 2 restaurantsFood establishments that do not operate as Full-service establishments are, generally, prohibited from serving alcohol and must clearly state on the menu for outdoor service that the sale and/or consumption of alcoholic liquor is prohibited. However, Type 2 restaurants food establishments which serve alcoholic liquor in the principal establishment, may serve alcohol on their sidewalk cafe only if the restaurant complies with the requirements of a Type 1 restaurant facility operates as a Full-service establishment as defined in Section 7-2-6(D) on the restaurant's sidewalk cafe. All alcoholic beverages must be served in reusable glassware. (4) Licensed Type 1 restaurants Food establishments that operate entirely as Full-service establishments, 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. (5) An Enoteca establishment possessing a Class K liquor license sell wine within the boundaries of the sidewalk cafe premises. (6) A Class K liquor licensee may sell beer, wine, or liquor within the boundaries of the sidewalk cafe premises. (7) Alcohol is not permitted on the sidewalk cafe of a restaurant any establishment that does not possess a City of Evanston liquor license. b. At all times, including while being stored, prepared, displayed, Page 8 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~8~ 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. Bussing service is required during all hours of operation to maintain clear tables and a clean sidewalk cafe area. 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 Director of Public Works 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. [OMITTED] e. The operator of any licensed food service establishment or licensed retail food store or Enoteca food establishment 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. Generally, Sidewalk tables, benches, or chairs may not be attached by any means to the public sidewalk or any other public property. If a restaurant has a right-of-way space that is rectangular and is larger than six hundred (600) square feet, the restaurant can apply to install permanent infrastructure for its sidewalk cafe. 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 fifty ($250.00) for all other types of businesses. h. A sidewalk cafe shall not be open for business when the interior Page 9 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~9~ 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. (1) Notwithstanding anything to the contrary herein, a food establishment with an outdoor restaurant seating area may allow dogs to be present in the outdoor patio of the food establishment if the food establishment obtains from the Health and Human Services Department a variance waiving the prohibition against allowing a dog on the premises of the food establishment and complies with Health and Human Services Department conditions and standards. 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. l. 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 Director of Public Works Design and Project Review Committee or City Council. r. If a boundary is installed enclosing the permitted area from the remainder of the public way, the boundary shall be no less than twenty-four (24) inches or more than thirty-six (36) in height and shall include cane detectable barriers located twenty-seven (27) inches or less above ground. s. Non-permissible enclosure of City property within the boundaries of Page 10 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~10~ the sidewalk cafe shall include, but not limited to parking meters/boxes, fire hydrants, newspaper stands/boxes, trees, planters and bike racks. These types of items must be accessible to the public or to the City for emergency services. t. No portion of the sidewalk cafe shall expand to include neighboring businesses, residences or empty lots. No portion of the sidewalk cafe shall be elevated. Sidewalk cafes cannot operate under scaffolding or construction canopies. u. Permittees are required to be current with payment of all taxes and any fee/payment due the City of Evanston. Permit shall be automatically revoked sixty (60) days after notice on non-payment and equipment shall be removed from cafe area. v. Smoking of any type is prohibited on sidewalk cafes. Permittees are responsible for the conduct of patrons of their sidewalk cafe. Failure to enforce the City's prohibition against smoking can result in revocation of the sidewalk cafe permit or a fine. 6.Rules for Year-Round Sidewalk Cafe. If a sidewalk cafe permittee chooses to offer cafe service year-round, the following additional regulations shall be complied with: a.Fees: Permit Fee per square foot shall be six dollars ($6.00) for licensed food establishments Type 1 and 2 cafes with year-round operations plus three hundred dollars ($300.00) annual permit fee and two hundred fifty dollars ($250.00) (Type 1)/three hundred dollars ($300.00) (Type 2) outdoor storage fee (optional). Permit fee per square foot shall be four dollars ($4.00) for all other businesses plus two hundred fifty dollars ($250.00) annual permit fee and, two hundred fifty dollars ($250.00) outdoor storage (optional). b.Operational: The approved cafe space must remain operational. The cafe area cannot be used for winter month storage of cafe structures (barriers, tables, chairs) or for the storage of snow. c.Enclosure: No enclosure of the sidewalk cafe. While a canopy or awning can be used to provide overhead coverage, complete enclosure of a sidewalk cafe is prohibited. Any partial enclosure including overhead, must comply with City of Evanston Building and Fire Code regulations and permit requirements. d.Heating Equipment: Any heating equipment shall be identified on the site plan; shall maintain a minimum clearance distance of three (3) feet from all combustibles; shall be listed for use by an approved agency and any use of electrical power supply for the heating equipment shall be properly grounded and not obstruct the means of egress. The unit and layouts shall be compliant with existing Fire Prevention and Building code regulations. Fire Department review required. e.Snow: All permittees are responsible for snow shoveling and snow removal from cafe area and adjacent public right-of-way including Page 11 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~11~ snow accumulated on the sidewalk as a result of street plowing. Accumulated snow must be hauled from "core area." Cafe area cannot be used for snow storage. Snow must be removed within twenty-four (24) hours following the snowfall. 7.Rules for Any Cafe With Year-Round Permanent Fixtures. If a sidewalk permittee chooses to offer cafe service year-round that includes the installation of permanently attached fixtures within the cafe limits, the following additional regulations shall be complied with: a.Layout Approval: The layout of permanent sidewalk cafe will be reviewed by the Director of Public Works Design and Project Review Committee and subject to final approval by the City Council. Layout must include all fixtures to be installed into or attached upon the public sidewalk as well as all other cafe items. Submittal documents shall include fixture specifications showing all season design. All structural elements of fixtures and attachment methods shall be reviewed and sealed by a structural engineer with current licensure with the State of Illinois. b.Public Notice: All addresses within two hundred fifty (250) feet of cafe area shall be notified of intent to occupy sidewalk space for year round cafe operation which includes permanently attached fixtures. Notice shall be published in a publication of local circulation of applicant's intent to occupy the sidewalk space for year round cafe operation which includes permanently attached fixtures. Expense for notification is the applicant's responsibility. Notice shall be published in a publication of local circulation a minimum of fifteen (15) days prior to review by the Director of Public Works.DAPR hearing date. c.Construction: The permittee shall be responsible for the construction and cost of any improvement in the public right-of-way. d.Maintenance: The permittee shall be responsible for all maintenance and repair of cafe area and permanently attached fixtures. e.Site Restoration: The permittee shall be required to provide an annual bond for the removal of the permanent fixtures and restoration of the sidewalk after the permittee ceases cafe operation. Restoration of the sidewalk shall be the responsibility of the permittee. If a license is revoked or not renewed, the permittee shall coordinate with the Public Works Agency Director and restore the sidewalk to its original condition within sixty (60) days of revocation or expiration of the permit. The Public Works Agency Director may grant extensions for good cause. Bond amount to be determined by Public Works Agency and submitted annually with sidewalk cafe application. f.Access: The City has the right to access the cafe area for the purpose of sidewalk and utility maintenance. Page 12 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~12~ g.Changes to Fixtures or Layout: Proposed changes to the layout or fixtures shall be reviewed and approved by the Director of Public Works Design and Project Review Committee prior to any changes being made. h.Clearance: Sidewalk cafes with permanently attached fixtures are required to maintain a minimum of eight (8) unobstructed feet in width measured from any public improvement within the right-of- way, including but not limited to parking meters and boxes, signs, planters to any barrier delimiting the sidewalk cafe area as indicated on the approved site plan. Clearance should provide for a lineal path for pedestrian traffic. Cafe area shall be two (2) feet minimally from the inside of the street curb and shall not encroach the streetscape paver band. i.Good Standing: Applicant is eligible for permanent fixture installation only if all taxes and payments/fees owed the City are current. Applicant must be in good standing with the City of Evanston for previous twelve (12) months. 8.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 Food Establishment Type 1 Restaurant With an Alcoholic Liquor License Outside the Core Area and Desirous of Selling Alcoholic Liquor on the Sidewalk Cafe Premises utilizing Full-service operations, or an Enoteca or a Class K Liquor Licensee. The Design and Project Review Committee, by motion, Director of Public Works may approve, approve with conditions, or disapprove, an application for a Sidewalk Cafe permit for Type 2 restaurants, or other any 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 Director of Public Works Design and 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. Page 13 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~13~ 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 a parking facility, not on the street. OMITTED. 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 restaurantsFood establishments 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 Director of Public WorksDesign and 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 restaurantfood establishment 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. i. Appeals. An appeal of any decision of the Director of Public WorksDesign 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 Page 14 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~14~ 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. 9.Fines. Any violation of the provisions of Section 7-2-6(D), will result in a fine of two hundred fifty ($250.00) dollars. Each day of violation constitutes a separate violation for purposes of assessing penalties. 10.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 establishment store. No hearing is provided. A licensed restaurant, bakery, ice cream store or other licensed food establishment or other licensed retail food establishmentstore 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. 11.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. (E)Commercial Signs on Sidewalks. 1.Purpose. The purpose of this Subsection is to allow certain private signs to be placed on public sidewalks, providing the signs and the sidewalks on which they are to be placed meet certain standards. These signs are known as "commercial sidewalk signs" and each one is intended to direct the attention of pedestrians and low speed vehicular traffic to a particular place of business. Further, they are intended to meet the objectives of healthy economy, effective communication, and public Page 15 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~15~ welfare, which are described in detail in Title 64, Chapter 1910 of this Code. 2.Definitions. CLEAR WIDTH. A completely unobstructed portion of the sidewalk, measured from the property line to the nearest obstruction. (If there is an obstruction at the property line, then the measurement is from that obstruction to the next closest obstruction.) COMMERCIA L SIDEWALK SIGN. A portable sign no more than four feet (4') high and occupying an area no more than four feet (4') square, placed on the sidewalk in front of a place of business. The commercial sidewalk sign may also be referred to as the "sign" in this Subsection. OBSTRUCTIO N. Any object on the right-of-way which prevents the use of a portion of the sidewalk by pedestrians, including, but not limited to: trees, parking meters, utility poles, bicycle racks, planter boxes and planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. SIDEWALK.The paved portion of the public right-of-way located between the property line and the street curb. 3.Permits, Fees, Penalties, and Fines. No one shall place or have placed a commercial sidewalk sign on the sidewalk without first having been issued a permit for it by the Director of Public Works or his or her designee. The fee for the initial permit for the sign shall be one hundred dollars ($100.00), with an annual renewal fee of one hundred dollars ($100.00). The permit shall be valid only through December 31 of the year in which it is issued and must be renewed in subsequent years prior to placement of the sign. A penalty of two hundred dollars ($200.00) shall be added to the initial fee or the renewal fee should the sign be placed prior to obtaining the required permit. Further, any sign found on the sidewalk without the necessary permit or in a location other than that specified by the permit may be removed without notice at the owner's expense by either the Director of Public Works or the Police Chief, under Section 7-3-12 of this Title. Should the business operator, owner or his or her agent fail to apply for a permit after placing a commercial sidewalk sign on the right-of-way, a fine of up to five hundred dollars ($500.00) may be assessed for each day the sign remains on the right-of-way. 4.Permit Application and Insurance Requirements. At the time of making the annual application for a permit for a sign, the business owner or his or her agent shall furnish the following information: a. Name, address, and phone number of the applicant. b. A detailed drawing to scale (no larger than 11" × 17") showing the storefront, including all doors to the business, the sidewalk area including all obstructions, the proposed location of the sign, and the Page 16 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~16~ location of any parking stalls near the proposed sign. A survey of the area is not required, but may be submitted as a means of accurately establishing the location of pertinent features. If permission to place the sidewalk sign is subsequently granted, this drawing will become a part of the permit and will have the approved location of the sign marked clearly on it. c. A drawing to scale of the proposed sign, including all sides if they are different. All legends, logos, wording and any other graphical features must be shown as they will appear on the finished sign. d. An indemnification and a hold harmless statement in a form approved by the City. e. A certificate of insurance valid for the permit period in question, in the amount of three hundred thousand dollars ($300,000.00), naming the City as an additional insured. f. A copy of a valid business license issued by the City, if one is required. g. The appropriate fee (initial application or annual renewal), including any applicable penalties. The entire fee will be refunded if the application is denied. h. If the applicant seeks placement of a sign in a location other than directly in front of the applicant's business, the applicant shall petition to the Director of Public Works with evidence of demonstrable hardship in the application submission for an exception from the "Commercial Sidewalk Sign" definition. Examples of hardship include public safety concerns for vehicles and pedestrians traversing the roadway or the visibility of the business from the roadway, not mere inconvenience to the applicant. 5.Sign Specifications. a. The sign shall be constructed of durable, weatherproof materials. b. The entire sign assembly, including all structural components, shall be no more than four (4) feet high. The sign shall occupy an area of no more than four (4) square feet of sidewalk space, defined as a square with sides two (2) feet in length. c. The sign shall not have sharp edges, or any protrusions or other features which may be a hazard to pedestrians. d. The sign shall be of sufficient weight and design to withstand typical wind loads without tipping over, rocking, or sliding along the pavement. e. The sign shall contain no more than seven (7) "items of information," as defined in Chapter 10 of Title 4 of this Code. f. The sign shall not contain facsimiles of official traffic signs or sign legends which may cause it to be confused with any official traffic- control device. g. The sign shall not have any moving parts or electrical devices, including lights of any kind. Page 17 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~17~ 6.Rules and Regulations. a. Only one sign shall be allowed per place of business. b. The sign shall only be displayed during daylight hours when the business is open. It must be placed at the location specified on the permit, or it will be subject to removal by the City. It must be removed after a snowfall of two inches (2") or more and may be replaced only after the sidewalk on the entire side of the block where the business is located is clear of snow and ice. c. The sign may not be affixed to any tree, light pole, traffic sign, or other obstruction on the sidewalk. d. The minimum sidewalk width where signs can be installed shall be ten feet (10') in the downtown core area (defined by the D-1, D-2, D-3 and D-4 Zoning Districts) and nine feet (9') in all other locations. e. The minimum clear width which remains after the sign is in place shall be nine feet (9') in the downtown core area (defined by the D- 1, D-2, D-3, and D-4 Zoning Districts) and eight feet (8') in all other locations. f. The sign shall not obstruct access to parking meters, bicycle racks, and other features which legally exist on the right-of-way. g. The sign shall not interfere with the opening of doors of cars in legal parking spaces, or with the operation of wheelchair lifts and ramps, cab stands, loading zones, or bus stops. h. The permit is revocable by the City. Public safety is of paramount importance and prevails over any private use of public space. If the sign impedes the passage of pedestrians, the disabled, bus passengers boarding or alighting from buses, or other uses of the sidewalk, then the permit is subject to revocation if no location acceptable to the City can be found for the sign in front of the business, or when applicable, in an alternative location if approved by the Director of Public Works per Section 7-2-6(E)(4), which holds the permit. In the event of revocation, the permit fee will be prorated based on the length of time the permit was in effect and a refund will be issued accordingly. The occupation of public ways provided for in this Subsection (E) creates no vested rights in the permittee. A permit may be revoked or denied within the sole discretion of the City, with written notice to the permittee or applicant. No hearing is provided in the event the City revokes a permit or denies a renewal. (F)Valet Parking Operations on Public Ways. 1.Purpose. The purpose of this Subsection is to allow businesses to provide or contract to provide valet parking services where the transfer of vehicles from customers to the valet parker and from the valet parker back to the customers occurs on the public way. Further, the purpose is to allow certain public parking spaces to be reserved for the transfer of the vehicle without obstructing traffic. Finally, the regulations are intended to ensure that, once accepted by the valet parking operator, Page 18 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~18~ vehicles are not parked on the public way. 2.Definitions. BUSINESS.The entity desiring to provide valet parking service for its customers. CUSTOMER.A person allowing a vehicle under his or her control to be parked by a business or persons under contract with the business. PUBLIC WAY.Any portion of City right-of-way available for use for travel by the general public, including streets and alleys. Public parking lots are not included in this definition. VALET PARKING. The act of accepting a vehicle from a customer, temporarily storing it, and returning it to the customer. This can be done for a fee or free of charge to the customer. 3.Permit Required; Application. No one shall conduct a valet parking operation on the public way without first having obtained a permit from the Director of Public Works or his or her designee. Application for the permit shall be on a form provided by the Director. If the business desiring to provide valet parking service proposes to contract with another company to provide this service, then both the business and the valet parking company shall be listed on the application. if the permit is approved, the permit holder shall be the business. The applicant must specify where the vehicles accepted for parking will be stored. The area must be off of the right-of-way and may be a private or public lot. If the property is not owned by the applicant, a lease or other evidence of agreement for the use of the property must be provided with the application. Such permit shall be nontransferable. 4.Use of Parking Spaces. The transfer of all vehicles between the customer and the valet parker shall occur at the street curb. If there is an existing space on the right-of-way which will allow for the transfer of the vehicle between the customer and the valet parker without obstructing traffic (such as a loading zone or no parking zone), then no additional spaces will be reserved. If the provision of an acceptable transfer area requires occupying existing legal parking spaces, then up to two (2) spaces may be reserved for this purpose. The City Traffic Engineer shall determine the acceptability of the transfer area, and his or her decision shall be final. Once the vehicle is transferred from the customer to the valet parker, it shall be moved to the off street parking area identified in the application. The vehicle may not be double parked or parked in a legal or illegal on street space at any time. The violation of this regulation is cause for revocation of the permit. 5.Parking Tax. The valet parking transaction shall be exempt from the City parking tax. 6.Hold Harmless Agreement; Insurance. An indemnification and a hold harmless agreement shall be a part of the application form. No application may be approved without such agreement being executed. The applicant shall furnish the City with a certificate of insurance in the Page 19 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~19~ amount of one million dollars ($1,000,000.00) naming the City as additional insured. 7.Sign. Each applicant, upon approval of the application by the City, is eligible to place one sign on the right-of-way indicating the availability of valet parking. The sign shall conform to the sign specifications found in Subsection (E)5 of this Section. A drawing to scale of the proposed sign shall accompany the application. The location of the sign shall be approved by the City traffic engineer. 8.Fees. If no existing legal parking spaces are reserved as described in Subsection (F)4 of this Section, then the annual fee is one hundred fifty dollars ($150.00). If one or two (2) existing legal parking spaces are reserved for the transfer area, then the annual fee shall be three hundred dollars ($300.00). The period during which the permit is valid is one year beginning on the date the permit application is approved by the Director of Public Works. 9.Hours of Operation. Valet parking shall occur only during the hours specified on the permit, generally between the hours of 6:00 p.m. and 12:00 midnight. 10.Display of Permit Required. The permit shall be displayed in a prominent location, visible from the sidewalk in front of the business. 11.Penalty for Operation Without Permit. A one hundred dollar ($100.00) fine shall be assessed if a business provides valet parking services without first having obtained the required permit from the Director of Public Works. Each day the valet parking is operated without a permit shall be considered a separate violation. 12.Revocation of Permit; Fines. Parking vehicles on the public way after receiving them as part of a valet parking operation is expressly prohibited. Two (2) warnings shall be issued, sent by certified mail to the applicant at the address indicated on the permit. If any vehicles are parked on the public way after the second notice is issued, then the permit shall be revoked and no application to operate valet parking will be accepted from the business for a period of one year after the revocation of the permit. No fee refund will be issued if the permit is revoked for this reason. In addition, a permit may be revoked or a one hundred dollar ($100.00) fine assessed if the permittee violates any other provision of this Subsection or any provision of the permit. Each day an infraction occurs shall be considered a separate violation. 13.Revocation of Permit; Public Safety. The permit is revocable by the City. The public safety and convenience are of paramount importance and prevail over any private use of public space. If the valet parking operation interferes with the public safety or convenience and no acceptable alternate location can be found, then the permit shall be revoked and a prorated refund shall be issued. The occupation of the right-of-way as described in this Subsection (F) creates no vested interests in the permittee. A permit may be revoked or denied at the sole discretion of the City. No hearing is provided in the event the City Page 20 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~20~ revokes or denies a permit. 14.Enforcement. The enforcement of the provisions of this Subsection (F) shall be the responsibility of the Director of Public Works or his or her designee. (G)Moving Vehicle Parking and Storage Containers on Public Ways. 1.Purpose. The purpose of this Subsection is to allow public parking spaces and/or other public right-of-way spaces to be reserved for loading and unloading of moving vehicles and storage containers without obstructing traffic flow. 2.Permits Required. a.Storage Container. No storage container shall be placed in public parking spaces and/or public right-of-way unless a permit shall have been first obtained from the Director of Public Works or his/her designee in order to reserve public parking spaces and/or other public right-of-way spaces for storage containers. b.Moving Vehicle. A permit is required for moving vans/ vehicles in order to reserve public parking spaces and/or other public right-of- way spaces for moving vans/vehicles. 3.Permit Application. Any moving vehicle and storage container permit application shall be submitted no less than ten (10) business days prior to the move. Any such permit shall be valid only for the move-in or move-out dates specified in the application and cannot exceed three (3) weeks. At the time of making application for a permit, the applicant shall furnish the following information to the Director of Public Works or his/her designee: a. Applicants property address; b. Date of the move; c. Length of the moving vehicle; d. Contact information for the applicant; e. A weekly permit fee of one hundred twenty dollars ($120.00). 4.Use of Parking Spaces. Any space(s) occupied by a permit issued pursuant to this Subsection may only be used for loading and unloading purposes. Upon the completion of the move, the applicant shall remove any signs reserving said space(s). 5.Revocation of Permit; Public Safety. Any moving vehicle or storage container and/or its/their use shall not pose a public safety threat and shall comply with traffic laws and local ordinances. If, in the sole determination of the Director of Public Works or his/her designee, a moving vehicle or storage container poses or would pose a public safety threat, he/she may refuse to grant such a permit, amend said permit or revoke said permit 6.Police Powers. The Director of Public Works or his/her designees shall have full police powers to issue complaints, citations, notices to appear, and summonses for the violation of any provision this Section. (H) Cancellation of permits for Occupation of Public Rights-of-Way for Business Page 21 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e 67-O-24 ~21~ Purposes resulting in a refund request will be assessed an administrative fee of twenty-five dollars ($25.00) for permits issued with a permit fee of one hundred fifty dollars ($150.00) or less and fifty dollars ($50.00) for permits issued with a permit fee greater than one hundred fifty dollars ($150.00). Administrative fee will be assessed to any issued Sidewalk Cafe, Sidewalk Sign, Valet Parking, Moving Vehicle Parking and Storage Container and other occupation of public ways for business permit types issued by Public Works Agency or Building and Inspection Services Division. Request shall include name, address, contact phone number or email address, permit number and reason for cancellation request. SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be receiccved in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance 67-O-24 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: That if any provision of this Ordinance 67-O-24 or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 67-O-24 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 67-O-24 is severable. Introduced:_________________, 2024 Approved: Page 22 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e July 07 67-O-24 ~22~ Adopted:___________________, 2024 __________________________, 2024 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra Ruggie, Corporation Counsel Page 23 of 45Document ID: 9519ec04753b3591ce7391bcbd54f1b3ec4482e060f302ec1c8b88d0ac32737e August 26 August 26 Signer ID: L6ZMFRB512... 16 Sep 2024, 15:45:15, CDT Signer ID: ADV4LOTV11... 16 Sep 2024, 16:12:15, CDT Signer ID: NUXGDT9R11... 25 Oct 2024, 10:17:06, CDT