Outdoor patio dining.
(A) Any establishment that occupies a minimum of 5,500 square feet and that serves food may apply to the Liquor Control Commissioner for issuance of a special permit or license for outdoor patio dining.
(B) The establishment, if serving alcohol, must be a holder of a Class C or Class D liquor license issued by the city.
(C) The patio dining area must be used as an area where food is consumed and may be in conjunction with alcohol however, may not be used as an area where only alcohol would be served.
(D) The maximum square footage of the outdoor patio dining area may not exceed 30% of the square footage of the interior of the establishment.
(E) Establishments applying for the outdoor patio dining permit/license are required to pay $50 plus $.50 per square foot to the City Collection and Licensing Office as otherwise provided in these Codified Ordinances.
(F) The permit/license shall be effective from January 1st to December 31st each year. The hours of operation shall be in accordance to the establishment's hours of serving food. However, the patio dining area shall not be in operation no later than 12:00 a.m. Sunday thru Thursday and until l:00 a.m. Fridays and Saturdays. On Memorial Day, Labor Day, and the 4th of July the hours shall be extended until 1:00 a.m.
(G) Any licensee shall erect a privacy fence or similar structure to cordon off the area known as the patio dining area. Any structure erected in this regard shall be in conformity with the Planning & Zoning Code of the city, however no chain link fencing will be allowed.
(H) Music from inside the establishment will be allowed to be heard on the patio providing the sound level complies with the requirements of § 660.02(B) - Prohibited Noises. Televisions also will be allowed, but the sound level must also comply with the requirements of § 660.02(B) - Prohibited Noises.
(I) No special lighting device shall be constructed in the patio dining area without the permission and inspection of the Building Department.
(J) Awning/covering should be of solid material and cover the length of the patio. Installation to be approved by the Building Department. Fans may be installed as part of the awning/covering.
(K) Patio floor shall be of hard surface i.e., concrete or brick material. There shall be an enclosed area that prohibits unrestricted access to the patio from the public way. The patio shall have hot and cold running water available by outlets on the outside of the building. The area shall be always kept clean, whether it is swept and or flushed down daily to prevent accumulation of food or grease from spillage of any kind.
(L) No food shall be prepared outside of approved kitchen facilities.
(M) Dinnerware may be of the plastic variety, condiments to be served by way of plastic bottle or package.
(N) Alcohol that is served on the patio may be in bottle or glass.
(O) There is NO SMOKING in the patio dining area. If the establishment is to allow smoking it shall be a separate designated area and shall be in accordance with the State of Illinois' established smoking laws.
(P) The licensee shall be held solely responsible for the conduct of its patrons.
(Q) No patron shall leave the patio dining area or the establishment itself with open beer or like container.
(Ord. 11-17, passed 4-12-2011) Penalty, see § 804.99