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Wherever used in this article, the following definitions apply:
“Alcoholic beverages”, “Commissioner”, “Department” and “Food” have the meaning ascribed to those terms in Section 10-28-800.
“Curbside cafe” means that portion of an immobile retail food establishment operating, pursuant to a permit, in a section of the traffic lane closest to the curb that is normally used for parking.
“Immobile retail food establishment” means a retail food establishment issued a retail food license for a fixed location inside a building.
“Permittee” means a person who has been issued a curbside cafe permit.
(Added Coun. J. 1-13-16, p. 17125, § 1)
No person shall operate a curbside cafe without first obtaining a permit under this article. A curbside cafe permit shall be valid from May 1st to and including September 30th of the year of its issuance. The fee for the permit shall be $600.00. In addition to the permit fee, the permittee shall pay an amount equal to any anticipated lost parking meter revenue for any parking space used for the operation of the curbside cafe.
(Added Coun. J. 1-13-16, p. 17125, § 1)
An application for a curbside cafe permit shall be submitted to the commissioner in a form and format prescribed by the commissioner. The application shall be filed in the same year in which the permit will be issued. The applicant shall include:
(a) Proof that the applicant holds a valid retail food establishment license for an immobile retail food establishment.
(b) Proof of insurance as required by this article.
(c) A detailed plan for the curbside cafe, complying with applicable regulations and demonstrating that the curbside cafe shall not unreasonably interfere with: (1) adequate pedestrian or vehicular flow; (2) pedestrian and vehicular safety; or (3) the aesthetic quality of the surrounding area. The plan shall also clearly show the location of any fire hydrant, protected bicycle lane, intersection, bus stop, and loading zone, and indicate the distance of such items from the proposed location of the curbside cafe.
(d) Applications shall be processed on a first-in- time basis. If two or more applications are filed at the same time for a location on the same side of a block and both applications meet the requirements of this article for approval, the commissioner shall conduct a lottery to determine which application to approve.
(e) Any other pertinent information reasonably required by the commissioner.
(Added Coun. J. 1-13-16, p. 17125, § 1)
Each applicant 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 combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days prior written notice to be given to the commissioner if coverage is substantially changed, canceled or non- renewed.
The city shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of a curbside café; and the permittee shall indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit issuance.
If alcoholic beverages will be served at the curbside café, the applicant shall provide proof of liquor liability (dramshop) insurance for the curbside café as required by Section 4-60-040 (c)(2) of this code.
Each permittee shall maintain the insurance coverage required under this section for the duration of the permit. The proof of insurance shall be presented to the commissioner prior to the issuance of a permit. Failure of the permittee to maintain the insurance shall result in the revocation of the curbside café permit.
(Added Coun. J. 1-13-16, p. 17125, § 1)
Notes
| 4-60-040 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) (1) The commissioner shall send a copy of the application to commissioner of transportation. Within five business days of receipt of the application from the commissioner, the commissioner of transportation shall review the application to determine whether the location of the curbside café will unduly interfere with pedestrian or vehicular traffic or parking within the area. If the commissioner of transportation determines that the location of the curbside café will unduly interfere with either pedestrian or vehicular traffic or parking within the area, the commissioner shall deny the application pursuant to subsection (c).
(2) The commissioner shall notify the alderman of the affected ward of the application and solicit a recommendation based on the alderman's analysis of any relevant factors set forth in this article. The alderman shall have 10 business days after such notice is sent to respond in writing with his specific recommendation, if any.
(b) If the commissioner finds that the applicant meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall approve the application.
(c) If the commissioner finds that the applicant fails to meet the requirements of this article or the regulations promulgated hereunder, the commissioner shall deny the application.
The commissioner shall notify the unsuccessful applicant in writing of the denial and the reasons therefor within 10 business days after the denial.
(Added Coun. J. 1-13-16, p. 17125, § 1)
(a) Each curbside 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 this section, the commissioner, in consultation with the commissioner of transportation, 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. 1-13-16, p. 17125, § 1)
(a) Only one curbside café permit shall be issued for a location on the same side of a block.
(b) A curbside café is only permitted on a pedestrian street designated pursuant to Section 17-3-0503-D that has a sidewalk with less than 8 feet of width in front of the immobile retail food establishment.
(c) The length of the curbside café shall not exceed the length of the immobile retail food establishment adjacent to the sidewalk, or 40 feet, whichever is less.
(d) The permitted outdoor seating area of curbside café must be located in the traffic lane by the curb that is immediately in front of the immobile retail food establishment.
(e) A curbside café is prohibited:
(1) in a protected bicycle lane;
(2) within 30 feet from a stop sign;
(3) within 30 feet of a controlled intersection and 20 feet from all other intersections;
(4) within 15 feet from a bus stop, loading zone, or fire hydrant; or
(5) within 1,200 feet from Wrigley Field.
(f) The location of the curbside cafe shall not unduly interfere with pedestrian or vehicular traffic or parking in the area.
(g) No curbside cafe permit shall be issued for any location: (1) within the central business district, as that term is defined in Section 9-4-010 ; or (2) where a sidewalk cafe permit has been issued to the applicant.
(h) No curbside cafe shall extend into the street beyond the parking lane.
(Added Coun. J. 1-13-16, p. 17125, § 1)
Notes
| 17-3-0503-D | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 9-4-010 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) Curbside cafes shall not operate between the hours of 10:00 P.M. and 8:00 A.M., Sunday through Thursday, or between the hours of 11:00 P.M. and 8:00 A.M., Friday and Saturday.
(b) A permittee shall not permit any music, whether live or recorded, or other amplified sound to be played at the curbside cafe, other than through headphones.
(c) The permittee shall: (1) install and maintain a physical boundary separating the permitted outdoor seating area from the remainder of the traffic lanes; and (2) construct the curbside cafe to make its floor height the same height as the sidewalk in order to avoid a tripping hazard. The construction, configuration and other characteristics of the curbside cafe floor and physical boundary, including landscaping, shall be set forth by regulation.
(d) The permitted outdoor seating area of the curbside cafes shall be for the exclusive use of the immobile retail food establishment stated on the application. Sharing or other joint use of a curbside cafe location by more than one retail food establishment shall not be permitted.
(e) Only the service of food and alcoholic beverages at curbside cafes are authorized by this article.
(Added Coun. J. 1-13-16, p. 17125, § 1)
If alcoholic beverages are served at the curbside café, the permittee must have a valid liquor license. Alcoholic beverages supplied by the customer or by any person other than the permittee will not be allowed at curbside cafes.
(Added Coun. J. 1-13-16, p. 17125, § 1)
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