HomeMy WebLinkAboutOrdinance 22-O-25, Amending City Code Section 7-2-6, Occupation of Public Ways for Business Purposes; Permits1/13/2025
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AN ORDINANCE
Amending City Code Section 7-2-6 “Occupation of Public Ways for
Business Purposes; Permits”
WHEREAS, the City of Evanston allows for outdoor dining on the public
right-of-way in certain circumstances; and
WHEREAS, the City would like to incorporate provisions for the
conversion of certain public spaces into an outdoor dining area, or “streatery”; and
WHEREAS, the City Code needs to be amended to include up-to-date
accessibility standards; and
WHEREAS, the City Code needs to be amended to provide updates to the
sidewalk café provisions; and
WHEREAS, City Council has determined that it is in the best interests of
the City to create amend Section 7-2-6 of the Code.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 7-2-6(D) of the Evanston City Code of 2012, as
amended, is hereby further amended and revised as follows:
7-2-6. OCCUPATION OF PUBLIC WAYS FOR BUSINESS PURPOSES; PERMITS.
(D) Sidewalk Cafes or Streateries.
1. Definitions.
FULL-SERVICE FOOD
ESTABLISHMENT
A licensed food establishment that utilizes wait-staff,
reusable dishware, and table service within any
sidewalk cafe or streatery area.
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LICENSED FOOD
ESTABLISHMENT
An establishment licensed by the City of Evanston Health
and Human Services Department as a food
establishment
PARKLET A seating area or green space created as a public amenity
alongside a sidewalk and over a former on-street
parking space.
PEDESTRIAN ACCESS
ROUTE
A continuous and unobstructed path of travel provided for
pedestrians with disabilities in the public right of
way.
A dining area located partially or wholly on a publicSIDEWALK CAFE
sidewalk or parkway.
STREATERY An on-street outdoor dining area located over the parking
space(s) in front of a business. A streatery is a type
of parklet.
2. Permits.
a. Full-Service Food Establishments (Not Selling Alcoholic Liquor on the Sidewalk
Cafe/Streatery Premises), More Than Two Hundred (200) Feet from a
Residentially Zoned District. Permits to rent sidewalk space for a sidewalk cafe or
parking space for a streatery shall only be granted to the licensed operator of
food establishments when these uses are more than two hundred (200) feet from
a residentially zoned district. The Director of Public Works may authorize
sidewalk cafes appurtenant to a licensed food establishment which is within two
hundred (200) feet of, or is within, a residentially zoned district subject to the
procedures, standards, and regulations contained within Subsection 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/streatery to the residential zoning district boundary,
inclusive of right-of-way.
b. Food Establishments Within Two Hundred (200) Feet of a Residentially Zoned
District or a Food Establishment Operating as Full-Service as Defined in 7-2-6-D-
1 (D)(1) 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 food service establishments
within two hundred (200) feet from a residentially zoned district shall require
approval by the Director of Public Works. 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 Subsection 7-
2-6(D)(1), shall require the approval of the City Council.
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Class A Class K Liquor Licensees. A Class A Class K liquor licensee requesting
a sidewalk cafe permit requires approval by the Director of Public Works with
respect to the standards set forth in Subsection 7-2-6-(D)(68) and shall require
the approval of the City Council.
Permit Required. No licensed operator of a licensed food establishment shall
erect, place or maintain in or upon any public sidewalk or on-street parking space
contiguous or adjacent to said licensed establishment, 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.
Term of Permit. A licensed food establishment operator annually may apply for
and obtain a sidewalk cafe or streatery permit. The sidewalk cafe or streatery
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 or streatery permit.
Exception; Renewal. If a sidewalk cafe or streatery permit was issued for the
prior calendar year, the approval for a sidewalk cafe or streatery permit shall be
obtained from the City Manager or his/her designee, provided, the sidewalk cafe
or streatery permit previously issued was not revoked or suspended, and the
sidewalk cafe or streatery received no inspection citation(s) from property
standards or the Health Department for said prior calendar year. At a minimum,
all sidewalk cafe/streatory permit layouts must be reviewed and approved by the
Public Works Director or his/her designee every 5 years or when the layout is
modified. The application must satisfy the requirements set forth in Subsection 7-
2-6(D)(3).
Permit Application. When applying for a permit At the time of making application
for a permit, the applicant shall furnish the following information to the City
Manager or his/her designee:
Name and mailing address of the applicant and of the proposed sidewalk cafe or
streatery.
A detailed, to-scale layout 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 food
establishment cafe operation. The detailed scale drawing must indicate the
location of the existing public improvements including the following: 6’ wide
pedestrian access route, fire hydrants, parking meters or parking pay boxes,
streetlights, utility structures, traffic signals, street signs, bus shelters, bike racks,
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trees, tree grates, planting boxes and/or planting areas, landscaping, and any
other public or private obstruction. In addition to the obstruction items above, the
detailed to-scale drawing for streatery permits must indicate location of the
existing bus stops, driveways, alleyways, ADA parking spaces, loading zones,
crosswalks, intersections, below ground utility structures, and identify any directly
adjacent sidewalk cafe or streatery present at the time of application.
A statement of use as a licensed food establishment that will operate with full-
service at the sidewalk cafe/streatery in compliance with Subsection 7-2-6(D).
An indemnification and hold harmless statement in a form approved by the City.
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.
A copy of a valid business license and liquor license (if applicable) issued by the
City.
An acknowledgment that the applicant has received, reviewed, and understood
the regulations pertaining to sidewalk cafes/streateries.
Annual permit fee as set forth in City policy and based on the square footage of
the public right-of-way to be occupied. in the amount of three hundred dollars
($300.00) for all businesses. A three-dollar ($3.00) per square foot of the public
right-of-way to be occupied fee shall be paid by all businesses. In instances
inwhich any licensed food establishment has used the public right-of-way for
a sidewalk cafe or streatery without the benefit of a permit issued by the City
for such usage, the sidewalk cafe/streatery 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.
Unobstructed Passage. At all times the operator of any licensed food
establishment shall:
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 pay boxes meters, signs, and
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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 that meets the
most stringent accessibility standards. Cafe Dining area shall be two (2) feet
minimally from inside of street curb and shall not encroach into streetscape paver
band. Maintain a minimum vertical clearance of eighty (80) inches along the
entire width of the pedestrian access route.
Including when the outside dining area is occupied, no portion of the sidewalk or
streatery shall Not interfere with the pedestrian access route passage of
pedestrians, vehicle flow, or access to buildings.
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.
Not utilize any of the required or nonrequired parking space area for the storage
of sidewalk tables, benches, chairs, or other furniture and materials associated
with the sidewalk café.
Rules and Regulations for All Sidewalk Cafes/Streateries.
A food establishment with an alcoholic liquor license outside the "core area", and
any food establishment with a Class A Class K liquor licensee desirous of selling
alcoholic liquor on the sidewalk cafe or streatery premises must first obtain an
alcohol license from the City Council.
Licensed food establishments possessing an alcoholic liquor license of any
classification and located within the core area, may sell alcoholic liquor on
sidewalk cafe or streatery 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.
Licensed food establishments 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 Subsection 7-2-6(D)(5)(a)(3), are
prohibited from serving alcoholic liquor on the sidewalk cafe or streatery
premises or allowing any patron to consume or have in his or her possession,
any alcoholic liquor on said dining cafe premises. Licensed food establishments
outside the core area which serve alcoholic liquor in the principal establishment,
unless otherwise permitted in Subsection 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.
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Food 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, food establishments which serve alcoholic liquor in the principal
establishment, may serve alcohol on their sidewalk cafe/streatery only if the
facility operates as a full-service establishment as defined in Subsection 7-2-6(D)
on the sidewalk cafe. All alcoholic beverages must be served in reusable
glassware.
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 or streatery permit which
allows the sale of alcoholic liquor on sidewalk cafe or streatery premises subject
to the standards and procedures of Subsection 7-2-6(D)(68) and in compliance
with all other applicable provisions of this Code.
An establishment possessing a Class A Class K liquor license sell wine within the
boundaries of the sidewalk cafe or streatery premises.
A Class A Class K liquor licensee may sell beer, wine, or liquor within the
boundaries of the sidewalk cafe or streatery premises.
Alcohol is not permitted on the sidewalk cafe or streatery of any establishment
that does not possess a City liquor license.
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.
Reusable, nondisposable flatware, dishware and beverage containers, are
required for use in association with all sidewalk cafes or streateries. 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 dining 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 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.
The City of Evanston reserves all rights, privileges, and immunities concerning its
public easement over all streets and sidewalks within the City whether or not any
projection or encumbrance has been permitted to be erected on same without
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any waiver of such rights, privileges or immunities whether expressed or implied.
Reserved.
The operator of any licensed food service establishment or licensed food
establishment or Class A Class K liquor licensees must maintain the exterior of
the premises, including the dining 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.
Generally, sidewalk tables, benches, or chairs may not be attached by any
means to the public sidewalk, street, 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.
Sidewalk Ttables, 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 set forth in City policy for all types of businesses.
A sidewalk cafe or streatery 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 individuals with disabilities
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. The applicable federal, state, or
local standards or guidelines that provide the highest level of accessibility shall
govern. Sidewalk cafes and streateries shall only be located on stable, firm, and
slip-resistant surfaces so accessibility can be provided.
Any alternate pedestrian access route created due to placement of a sidewalk
cafe must follow all unobstructed passage requirements listed above. In addition,
any alternate pedestrian access route must have a maximum cross slope of
2.1% and must be provided on a stable, firm, and slip-resistant surface.
No animals, except those assisting the disabledindividuals with disabilities, shall
be allowed in the outdoor restaurant seating area.
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.
Except for a Class A Class K liquor license establishment, alcohol will only be
served at sidewalk cafes or streateries in conjunction with a full meal. The
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sidewalk cafe or streatery 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 or streateries after 9:30 p.m. on
weekdays and after 10:30 p.m. on weekends.
Any violation of the City's liquor control regulations at the sidewalk cafe or
streatery 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.
Revocation or suspension of a sidewalk cafe or streatery permit by the City
Manager or his/her designee pursuant to Subsection 7-2-6(D)(117) prohibits
service of alcoholic liquor on the sidewalk cafe or streatery premises for the
duration of the revocation or suspension.
No amplified sound music, whether live or recorded, is allowed on sidewalk cafe
or streatery premises.
The sidewalk cafe or streatery 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 or streatery, including the physical boundary separating the
permitted outdoor seating from the remainder of the public right-of-way, shall
reflect the approved plan and shall not be modified or altered unless approved by
the Director of Public Works or City Council.
If a boundary is installed enclosing the permitted sidewalk area from the
remainder of the public right-of-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.
Non-permissible enclosure of City property within the boundaries of the sidewalk
cafe shall include, but not limited to parking pay 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.
No portion of the sidewalk cafe or streatery shall expand to include neighboring
businesses, residences or empty lots. No portion of the sidewalk cafe shall be
elevated. Sidewalk cafes or streateries cannot operate under scaffolding or
construction canopies.
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 the dining cafe area.
Smoking of any type is prohibited on sidewalk cafes or streateries. Permittees
are responsible for the conduct of patrons of their outdoor dining sidewalk cafe.
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Failure to enforce the City's prohibition against smoking can result in revocation
of the sidewalk cafe or streatery permit or a fine.
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:
Fees. Permit fee per square foot and optional outdoor storage fee shall be set
forth in City policy. six dollars ($6.00) for licensed food establishments with year-
round operations plus three hundred dollars ($300.00) annual permit fee and
twohundred fifty dollars ($250.00) outdoor storage (optional).
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.
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.
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.
Snow. All permittees are responsible for snow shoveling and snow removal from
cafe area and adjacent public right-of-way including 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.
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:
Layout Approval. The layout of permanent sidewalk cafe will be reviewed by the
Director of Public Works 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.
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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
operationwhich 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.
Construction. The permittee shall be responsible for the construction and cost of
any improvement in the public right-of-way.
Maintenance. The permittee shall be responsible for all maintenance and repair
of cafe area and permanently attached fixtures.
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.
Access. The City has the right to access the cafe area for the purpose of
sidewalk and utility maintenance.
Changes to Fixtures or Layout. Proposed changes to the layout or fixtures shall
be reviewed and approved by the Director of Public Works prior to any changes
being made.
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
pay 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.
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.
Standards and Procedures for Approval of a Permit for a Sidewalk Cafe/Streatery
for a Food Establishment, or a Food Establishment With an Alcoholic Liquor
License Outside the Core Area and Desirous of Selling Alcoholic Liquor on the
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Sidewalk Cafe or Streatery Premises utilizing Full-service operations, or a Class
A Class K Liquor Licensee. The Director of Public Works may approve, approve
with conditions, or disapprove, an application for a sidewalk cafe or Streatery
permit for any licensed food establishment upon finding of facts with respect to
the standards set forth below:
The proposed sidewalk cafe or streatery will not cause a negative cumulative
effect when its effect is considered in conjunction with the cumulative effect of
other sidewalk cafes or streateries in the immediate neighborhood.
The proposed sidewalk cafe or streatery will not cause undue pedestrian or
vehicular traffic congestion.
The sidewalk cafe or streatery will not have a substantial adverse impact on the
use, enjoyment or property values of adjoining properties.
The proposed sidewalk cafe or streatery will comply with all the rules and
regulations contained herein, except that the Director of Public Works or
CityCouncil may modify, or waive the requirements in Subsection 7-2-6(D)
(5)(c).
Sidewalk cafes or streateries serving alcoholic liquor must comply with the City's
liquor control regulations.
For sidewalk cafes or streateries licensed in the previous year, any failure to
comply with the provisions of Subsection 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 or streatery.
The proposed sidewalk cafe or streatery is not likely to have an adverse effect
upon the public health, welfare, or safety.
Reserved.
All permitted sidewalk cafe/streatery staff serving alcohol to sidewalk
cafe/streatery patrons shall acknowledge and abide by all City and State
BASSET requirements.
Food establishments with an alcoholic liquor license outside the core area and
desirous of selling alcoholic liquor on sidewalk cafe or streatery premises or
Class A Class K liquor licensees that wants to sell wine on the outdoor dining
area 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
inSubsection 7-2-6(D)(6), the Director of Public Works may deny a permit for
a sidewalk cafe or streatery. The City Council may deny permission to
sell alcoholic beverages on the sidewalk cafe or streatery premises of a
food
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establishment with an alcoholic liquor license outside of the "core area" or an
Class A 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 Works 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.
9.Rules for Any Streatery. If a permittee chooses to offer cafe service that includes
the installation of fixtures located over on-street parking space(s) or other
portions of a street, the following additional regulations shall be complied with:
a.Layout/Design. The layout of the streatery will be reviewed by the Director of
Public Works or his/her designee. Layout must include all fixtures to be installed
upon the public street as well as all other cafe items. Submittal documents shall
include fixture specifications. All structural elements of fixtures and attachment
methods shall be reviewed and sealed by a structural engineer licensed in the
State of Illinois.
i. Platform. Unless there are other means of accessibility, the streatery shall
consist of a platform design to be level with the top of the curb line and the
adjacent sidewalk. It shall be flush with the curb and sidewalk to prevent tripping
hazards. Streatery platforms shall be capable of supporting 100-lbs per square
foot of live load. The platform shall be designed in such a way as to not impede
the stormwater flow of curbside drainage. To not impede the movement of the
stormwater against the curb, a 6” gap between the face of the curb and
theraised platform shall be utilized. The platform shall also be anchored in
such a way as to prevent flotation displacement. Permanent fixation of any
elements to the street shall not be permitted.
ii. Rails/barriers. When platforms are utilized, the streatery design shall
include a protective safety barrier, 36-42 inches in height, around three sides
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adjacent to parking spaces and the traffic lane to preserve visibility for motorists
and provide protection for patrons. All rails/barriers shall be capable of
withstanding 200-lb horizontal force, may not penetrate the surface of the public
right-of-way, and shall include cane detectable barriers located twenty-seven (27)
inches or less above the platform surface. The outer edge of any proposed
railing/barrier must contain reflective vertical elements (such as reflective tape)
and be a minimum of 18” from the traffic lane, creating an 18” clear zone.
iii. Dimensions. For use in parallel parking spaces, the streatery shall have a
maximum width of 6 ft from the curb line. For use in diagonal parking spaces,
the streatery shall have a maximum width of 15 ft from the curb line. The length
of the streatery shall not extend beyond the frontage of the permittee’s business,
unless otherwise agreed to in writing by neighboring businesses.
iv. Location. Streatery locations will be permitted, upon application and
approval, in any commercial or business district where on-street parking spaces
can be utilized. Streateries are not permitted to be located in ADA designated
parking spaces, on designated truck routes, or on streets under IDOT
jurisdiction. Streateries will only be permitted on streets with speed limits of
twenty-five (25) miles per hour or lower. The City reserves the right to limit the
number of streateries per block based on available space and the need to
maintain publicly accessible curbside space on each block for other uses.
v. Clearance. Streateries shall not be located within:
1. 5 feet of a loading zone,
2. 8 feet of a driveway, alleyway, or ADA parking space,
3. 10 feet of a bus stop,
4. 15 feet of a fire hydrant,
5. 25 feet of a marked crosswalk, or
6. 32 feet of a corner at intersections with unmarked crosswalks.
Obstructions.vi. Streateries shall not be constructed over utility access
panels, manhole covers, storm drains, or fire hydrant shut-off valves. Protected
bike lanes shall not be impeded by the proposed streatery.
vii. Accessories. No accessories shall extend outside the edge of the built
streatery. All umbrellas and other accessories must be secured to withstand high
winds. The use of anchored umbrellas at individual tables is encouraged. The
use of anchored overhead structures such as tents shall not be permitted.
Additionally, any accessories must be arranged in a manner that does not
obstruct sight lines for pedestrians, drivers, or other street users.
b. Construction. The permittee shall be responsible for the construction and cost of
any improvement in the public right-of-way. Within parking lanes, the City will place
wheel stops and reflective soft hit posts at 4 ft from both ends of a built streatery.
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c. Maintenance. The permittee shall be responsible for all maintenance and repair
of the streatery area and attached fixtures. The permittee shall maintain the proposed
space in a clean and orderly manner, including the adjacent parking spaces 15’ in either
direction of the proposed space to permit continued street cleaning.
d. Site Restoration. The permittee may be required to provide an annual bond for
the removal of the fixtures and restoration of the street after the permittee ceases on-
street dining operation. Restoration of the street shall be the responsibility of the
permittee. If a permit is revoked or not renewed, the permittee shall coordinate with the
Public Works Agency Director and restore the right of way 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 the
Public Works Agency and submitted annually with streatery application.
e. Access. The City has the right to access the on-street area for the purpose of
street and utility maintenance.
f. Changes to Fixtures or Layout. Proposed changes to the layout or fixtures shall
be reviewed and approved by the Director of Public Works prior to any changes being
made.
10 9. Fines. Any violation of the provisions of Subsection 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.
11 10. Revocation and Suspension. The City Manager or his/her designee may revoke
or suspend a permit for any sidewalk cafe or streatery 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 licensed food establishment. No hearing is provided. A licensed food
establishment operator whose sidewalk cafe or streatery 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 establishment
or Class A Class K liquor licensee whose sidewalk cafe or streatery permit has
been revoked within the previous two (2) calendar years.
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12 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 and streateries.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance 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 that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: 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.
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.
Introduced: _________________, 2025
Adopted: ___________________, 2025
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra Ruggie, Corporation Counsel
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