ARTICLE XII. SIDEWALK CAFES (10-28-800 et seq.)

10-28-800 Definitions.

   Wherever used in this article, unless the context clearly indicates otherwise:

   (A)   “Alcoholic beverages” means and includes alcohol, spirits, wine and beer.

   (B)   “Commissioner” means the commissioner of business affairs and consumer protection.”

   (C)   “Department” means the department of business affairs and consumer protection of the City of Chicago.

   (D)   “Food” means any raw, cooked or processed edible substance or ingredient, used or intended for use in whole or in part for human consumption, and shall include nonalcoholic beverages allowed to be sold in accordance with this article, but shall not include alcoholic beverages.

   (E)   “Indoor retail market” means any building under common ownership or management containing a group of commercial establishments which offer a variety of retail, restaurant or service uses and in which at least two of the establishments hold a valid retail food establishment license.

   (F)   “Person” has the meaning ascribed to the term in Section 1-4-090(e) of the code.

   (G)   “Sidewalk café” means a portion of an immobile retail food establishment or an indoor retail market located on a public right-of-way, whether directly adjacent to, or in close proximity to, the retail food establishment or an indoor retail market .

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p.47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113789, § 1)

10-28-805 Permit required for sidewalk café.

   A permit, which shall be known as a sidewalk café permit, shall be required to operate a sidewalk café. A sidewalk café permit shall be valid for one year, from March 1st to and including the last day of February. The fee for a sidewalk café permit shall be determined by the Commissioner, taking into account land values, and shall be set forth by rule.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-05, p. 44133, § 1; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 6-27-18, p. 80162, § 1)

10-28-810 Permit application and approval procedure.

   Application for a sidewalk café permit shall be submitted to the commissioner, who shall make available forms for this purpose. The applicant shall provide such information on the application as the commissioner may require by regulation, including:

   (A)   Proof that the applicant holds a valid retail food establishment license issued to the establishment that will provide food for the sidewalk café, or that the applicant is the owner or manager of an indoor retail market. The owner or manager of the indoor retail market is not required to obtain a retail food establishment license.

   (B)   A proof of insurance as required by this article.

   (C)   A plan for the sidewalk café, complying with applicable regulations, and demonstrating that the sidewalk café shall not unreasonably interfere with: (1) adequate pedestrian flow, (2) access to building entrances; (3) pedestrian and traffic safety; and (4) the aesthetic quality of the surrounding area.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)

10-28-815 Insurance required.

   Each applicant for a sidewalk café permit shall furnish proof of insurance evidencing commercial general liability insurance with limits of not less than $500,000.00 per occurrence, $1,000,000.00 in the aggregate, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days' prior written notice to be given to the City of Chicago if coverage is substantially changed, canceled or non-renewed.

   The City of Chicago shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of a sidewalk café. Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit issuance.

   In addition, if alcoholic beverages will be served at the sidewalk café, the applicant shall provide proof of liquor liability (dramshop) insurance for the sidewalk café as required in Section 4-60-040 (c)(2) of this code; provided, however, if alcoholic beverages will be served at a sidewalk café operated by an indoor retail market, the owner or manager of the indoor retail market shall provide proof that each retail food establishment serving alcoholic beverages at the sidewalk café has obtained liquor liability (dramshop) insurance for the sidewalk café as required in Section 4-60-040(c)(2) of this code.

   Each sidewalk café permittee shall maintain the insurance coverage required under this section for the duration of the sidewalk café permit. Proof of insurance shall be presented to the commissioner prior to the issuance of a permit under this article. Failure of the permittee to maintain the insurance required by this section shall result in the revocation of the sidewalk café permit.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 40; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 39)

 

Notes

4-60-040

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10-28-820 Review of application.

   The department shall review a submitted application for compliance with this article and regulations.

   (A)   Except with regard to renewal applications governed by subsection (B), if the commissioner finds that the applicant meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall provide the application to the alderman of the affected ward, together with a recommendation for introduction of an ordinance approving the application. Such approval shall not be unreasonably withheld. Once an ordinance approving the application is effective, the commissioner shall issue the sidewalk café permit to the applicant.

   (B)   For purposes of this section, “renewal application” means an application for the operation of a sidewalk café at the same location and by the same person approved by the city council within the previous 12 months.

   If the commissioner finds that a renewal application meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall prepare an ordinance, which ordinance may include a group of renewal applications, for approval by the city council. Such approval shall not be unreasonably withheld. Once an ordinance approving the renewal application is effective, the commissioner shall issue the sidewalk café permit to the applicant.

   (C)   If the commissioner finds that the applicant fails to meet the requirements of this article or the regulations promulgated hereunder, or if approval by ordinance is withheld, the commissioner shall deny the application or renewal application. The commissioner shall notify the unsuccessful applicant in writing of the denial and the reasons therefor within ten business days after the denial. An applicant for renewal that was subjected to, or eligible for, temporary closure as a result of violations pursuant to Section 10-28-870(D) during the prior permit period, if those violations have been finally adjudicated and sustained, shall be subject to: (i) denial of the renewal or (ii) having the renewal conditioned upon a written plan of operation or other set of conditions that the commissioner determines is necessary to ensure compliance with this Chapter. An applicant for a permit that was issued two or more notices of violation pursuant to Section 10-28-870(C) during the prior permit period, if those violations have been finally adjudicated and sustained, shall be subject to denial of the permit for the permit period applied for.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 11-19-14, p. 98037, § 22; Amend Coun. J. 6-17-15, p. 1342, § 1)

10-28-825 Compliance with plan and other components of application.

   (A)   Each sidewalk café shall comply in all respects with the specifications set out in the plan submitted to the commissioner, and with the other components of the application.

   (B)   In the event that the application, including the plan, becomes inaccurate or incomplete in any respect as a result of circumstances or events outside the control of the permittee, the permittee shall notify the commissioner within three business days of such circumstances or events.

   (C)   Before taking any action that would result in the application, including the plan, becoming inaccurate or incomplete in any respect, the permittee shall seek the prior approval of the commissioner.

   (D)   Upon being notified of an actual or contemplated change pursuant to either subsection (B) or (C) of this section, the commissioner shall review the change to determine if such change is insubstantial or substantial, using the same criteria as relevant to the commissioner's consideration of an initial application. If such change is insubstantial and if the application, as so changed, meets the criteria for an initial application, the commissioner shall approve the change. If such change is insubstantial and if the application, as so changed, does not meet the criteria for an initial application, the commissioner shall disapprove the change. If such change is substantial, a new permit application shall be required.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)

10-28-830 Permit – Assignment or transfer prohibited.

   No permittee shall assign or transfer a sidewalk café permit.

(Added Coun. J. 3-15-00, p. 27687, § 4)