4-60-071  Navy Pier liquor licenses – Special conditions.
   (a)   (1)   If a restaurant or tavern located on Navy Pier holds a valid license under this chapter, such license shall authorize the licensee to provide outdoor/fixed seating service of alcoholic liquor at such tavern or restaurant if all of the following requirements are met: (1) the restaurant's or tavern's application for a license under this chapter identifies the specific site or site area on Navy Pier from which the applicant desires to provide outdoor/fixed seating service and sale of alcoholic liquor; and (2) except as otherwise provided in subsection (e) of this section, such outdoor/fixed seating site or site area is either a direct extension of, or an immediately adjacent part of, a properly licensed restaurant or tavern; and (3) the applicant obtains from the Metropolitan Pier and Exposition Authority written consent to allow outdoor/fixed seating service and sale of alcoholic liquor at the specific Navy Pier site or site area identified in the license application; and (4) the local liquor control commissioner determines that the number of restaurants or taverns authorized to provide outdoor/fixed-seating service and sale of alcoholic liquor at Navy Pier does not violate the prohibition set forth in subsection (e) of this section. The business activity authorized under this subsection (a)(1) shall be stated on the face of the license.
      (2)   The local liquor control commissioner may issue consumption on premises – incidental activity licenses authorizing at Navy Pier the service and sale of alcoholic liquor from outdoor/non-fixed seating/mobile pushcarts operating in areas that are not part of a restaurant or tavern if all of the following requirements are met: (1) the applicant for such license obtains from the Metropolitan Pier and Exposition Authority written consent to allow such outdoor/non-fixed seating/mobile pushcart to serve and sell alcoholic liquor at a designated location(s) or designated area(s) at Navy Pier; and (2) the application for such license designates the location at which the licensee will clean glasses and utensils used in the service of alcoholic liquor; and (3) the local liquor control commissioner determines that the number of such licenses issued for Navy Pier does not violate the prohibition set forth in subsection (d) of this section. A separate consumption on premises – incidental activity license under this subsection (a)(2) shall be required for each mobile pushcart from which sales of alcoholic liquor are made. The fee for such license at Navy Pier shall be as set forth in Section 4-5-010. The business activity authorized under this subsection (a)(2) shall be stated on the face of the license.
   (b)   A licensee holding a Navy Pier consumption on premises – incidental activity license under this section shall be subject to all provisions of this chapter with the following exceptions:
      (1)   Subsections (e) and (f) of Section 4-60-040.
      (2)   Toilet facilities available for public use at Navy Pier shall be deemed to comply with the toilet facilities requirement in subsection (a) of Section 4-60-100 by an outdoor/non-fixed seating/mobile pushcart licensee or by an outdoor/fixed seating licensee who operates an outdoor/fixed seating site or site area that is not an extension of a licensed tavern or restaurant.
      (3)   An outdoor/non-fixed seating/mobile pushcart licensee shall not be required to maintain facilities for cleaning glasses and utensils at the point of sale as otherwise required in subsection (a) of Section 4-60-100, if such licensee serves alcoholic liquor only in disposable containers.
   (c)   Only beer and wine served in a disposable cup that clearly identifies the name of the serving licensee may be sold from a pushcart or other mobile point of sale by an outdoor/non-fixed seating/mobile pushcart licensee. No package goods shall be sold or offered for sale from any pushcart or other mobile point of sale.
   (d)   No more than six Navy Pier mobile liquor licenses shall be issued at Navy Pier for pushcarts or other mobile points of sale during any license period.
   (e)   No more than ten licensed restaurants or taverns, in any combination, shall be authorized, pursuant to a license issued under subsection (a)(1) of this section, to serve and sell alcoholic liquor at an outdoor/fixed seating site or site area at Navy Pier during any license period. Of these ten licensed restaurant or taverns, only one license may be issued for an outdoor location on Navy Pier that is not adjacent to a premises licensed for consumption on the premises – incidental activity or as a tavern under subsection (a)(1) of this section.
   (f)   No licensee holding a license under subsection (a)(1) or (a)(2) of this section may serve or permit the service of alcoholic liquor outdoors between the hours of 12:00 midnight and 12:00 noon.
   (g)   No outdoor patio license or sidewalk café permit shall be issued for any outdoor location on Navy Pier.
   (h)   Persons shall be permitted to carry and consume an open container of alcoholic liquor throughout Navy Pier, if: (i) such alcoholic liquor has been lawfully served to such person in any portion of a licensed tavern at Navy Pier, or in any portion of restaurant at Navy Pier holding a valid Navy Pier consumption on premises – incidental activity license under subsection (a)(1) of this section, or at any outdoor/non-fixed seating/mobile pushcart holding a valid Navy Pier consumption on premises – incidental activity license under subsection (a)(2) of this section; and (ii) the open container of alcoholic liquor is a disposable cup that clearly identifies the name of the serving establishment; and (iii) the open container of alcoholic liquor is not brought into or consumed in any Navy Pier parking garage or in any other prohibited area designated as such by the Metropolitan Pier and Exposition Authority. Such prohibited areas shall be designated by signage and monitored for compliance with this subsection.
   (i)   The local liquor control commissioner is authorized to promulgate rules to implement the requirements of this section, including but not limited to rules to create a neutral process to allocate licenses under this section in the event that the demand for such licenses exceeds the availability of such licenses under subsections (d) or (e) of this section.
   (j)   As used in this section:
   “Outdoor/fixed seating licensee” means any person holding a valid license under this chapter for a restaurant or tavern located at Navy Pier and meeting the requirements in items (1) through (4), inclusive, of subsection (a)(1) of this section.
   “Outdoor/non-fixed seating/mobile pushcart licensee” or “Navy Pier mobile” means any person holding a valid Navy Pier consumption on premises – incidental activity license under subsection (a)(2) of this section.
(Added Coun. J. 6-14-95, p. 3087; Amend Coun. J. 5-9-96, p. 21855; Amend Coun. J. 3-19-97, p. 41390; Amend Coun. J. 3-15-00, p. 27687, § 1; Amend Coun. J. 6-6-01, p. 60075, § 1; Amend Coun. J. 6-4-03, p. 2443, § 8; Amend Coun. J. 5-9-12, p. 27485, § 24; Amend Coun. J. 6-17-15, p. 1337, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. III, § 5)