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(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)
A permittee and his employees shall be subject to and comply with all applicable laws, regulations and other requirements and standards for retail food establishments and the sale of alcoholic beverages.
(Added Coun. J. 1-13-16, p. 17125, § 1)
The commissioner is authorized to promulgate regulations to carry out the purposes of this article, including without limitation regulations governing:
(a) the location, arrangement and design of curbside cafes to ensure the flow of pedestrian and vehicular traffic, the safety of pedestrians and vehicular traffic, and the access to bus stops, loading zones and fire hydrants;
(b) the size, design and other specifications for tables and serving equipment to be used by a permittee, and the design of enclosures or partial enclosures;
(c) the types of food and beverages that may be served at curbside cafes;
(d) the time periods during which an application can be made for a curbside café permit;
(e) landscaping and other aesthetic components of the curbside café; and
(f) any other matter pertaining to this article.
In promulgating the rules regarding the location, arrangement and design of any curbside café, the commissioner shall consult with the commissioner of transportation.
(Added Coun. J. 1-13-16, p. 17125, § 1)
(a) The commissioner is authorized to take such action as necessary to enforce the provisions of this article, including conducting on-site inspections of curbside cafes.
(b) Upon request by the commissioner, a permittee shall provide for inspection any document required by this article, including the curbside café permit, the plan for the curbside café, and proof of insurance.
(c) Any curbside café for which a permit is required by this article, and which has failed to obtain such permit, may be closed by the commissioner until such permit is procured. Upon being notified of closure, all curbside café activity must cease, and all obstructions in the public way, including boundaries, tables and chairs, must be removed.
(d) Any curbside café for which a permit is in effect under this article may be temporarily closed by the commissioner, if the café has been issued notices of violation on three different days during the permit period, each of which pertains to a significant breach of public safety. Non-limiting examples include: (1) café encroachment on the public way beyond plan specifications, (2) a missing or incomplete barrier, or (3) signs, serving tray stands or other objects in the public way. Upon being subjected to a temporary closure, the permittee may provide to the commissioner evidence that the objectionable conditions have been fully remedied. Such temporary closure shall remain in effect until the commissioner is satisfied that the violations have been properly remedied and will not reoccur.
(Added Coun. J. 1-13-16, p. 17125, § 1)
(a) Any person who violates any of the provisions of this article or regulations promulgated hereunder shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense and each day such a violation continues shall be deemed a separate and distinct offense.
(b) In addition to any other fine or penalty provided, and any person who knowingly interferes with or impedes the commissioner in the enforcement of this article may be subject to incarceration for a term not to exceed six months.
(c) Any curbside café in operation without a valid permit or subject to Section 10-28-1130(d) is subject to removal from the public way by the commissioner. The provisions of Section 10-28-010(i) of the code shall apply to the removal of any portion of a curbside café, from the public way, whether for unpermitted operation or for obstruction of public way; provided, however, that the amount of the fine for a violation shall be as set forth in this section.
(Added Coun. J. 1-13-16, p. 17125, § 1)
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