Loading...
(a) The Commissioner, in consultation with the Commissioner of Business Affairs and Consumer Protection, is authorized to promulgate rules to carry out the purposes of this article, including without limitation rules governing:
(1) The location, arrangement, and design of Outdoor Dining Streets to ensure the flow of pedestrian traffic, the safety of pedestrians and auto traffic, the access to buildings and transportation facilities, the prevention of an excessive number of Outdoor Dining Streets, and the best service to the public;
(2) The size, design, and other specifications for tables and serving equipment to be used by operators, and the design of enclosures or partial enclosures;
(3) The types of food and beverages that may be served at Outdoor Dining Streets;
(4) The time periods during which application can be made for an Outdoor Dining Street Permit;
(5) Landscaping and other aesthetic components of Outdoor Dining Streets; and
(6) Any other matter pertaining to the enforcement and implementation of this article.
(b) A permittee shall comply with the rules promulgated pursuant to this article, which shall have the force and effect of law.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
(a) The Commissioners of Business Affairs and Consumer Protection and of Transportation, through their designees, are authorized to take such action as necessary to enforce this article, including conducting on-site inspections of retail food and liquor establishments associated with Outdoor Dining Streets to determine compliance with permitting and other requirements of this article, rules promulgated hereunder, and other applicable Code provisions.
(b) Upon request by the Commissioner of Business Affairs and Consumer Protection or by the Commissioner of Transportation, or by their designees, any operator of an Outdoor Dining Street shall provide for inspection the documents required by this article to operate an Outdoor Dining Street, including the Outdoor Dining Street Permit, the plan for the Outdoor Dining Street, and proof of insurance.
(c) Any Outdoor Dining Street for which a permit is required by this article, and which has failed to obtain such permit, or whose permit has been revoked, may be closed by the Commissioner of Business Affairs and Consumer Protection, or by the Commissioner of Transportation, or by their designees until such permit is obtained. Upon being notified of closure, all Outdoor Dining Street activity shall cease, and all obstructions in the public way, including barriers, tables, and chairs, shall be removed.
(d) Any Outdoor Dining Street for which a permit is in effect under this article may be temporarily closed by the Commissioner or the Commissioner's designee, if: (1) the Outdoor Dining Street contains a significant danger to public safety, including, but not limited to, (i) the footprint or Outdoor Dining Street-related objects or equipment on property beyond plan specifications, (ii) a missing, insufficient, or incomplete barrier, or (iii) obstruction of a fire lane; (2) a permittee has been issued notices of violation for conduct occurring on the Outdoor Dining Street on three different days during the permit period; or (3) a permittee has been issued at least one notice of noise violation for conduct occurring on the Outdoor Dining Street. Such temporary closure may include the cessation of outdoor business or the removal of all furniture and other appurtenances from the street and the reopening of the street to traffic. 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.
(e) In addition to fines and other penalties as provided for herein, a violation of any provision of this article or rules promulgated hereunder within a permit period shall subject a permittee to revocation of the Outdoor Dining Street Permit by the Commissioner.
(f) In addition to fines and other penalties as may be provided under this Code, any license discipline for a violation of this Code or rules promulgated thereunder shall subject a permittee to revocation of the Outdoor Dining Street Permit by the Commissioner. For purposes of this subsection, "license discipline" means the revocation, suspension, or rescission of a license, a voluntary closure in lieu of suspension, a closure order, a summary closure, or denial of the renewal of a license.
(g) If fewer than the minimum number of required permittees on an Outdoor Dining Street Full-Closure Permit are actively operating on the Outdoor Dining Street, the permit shall be subject to revocation. The Commissioner shall: (1) notify the each of the permittees, in writing, of the proposed revocation; (2) set a date and time for the permittees to appear before the Commissioner of Business Affairs and Consumer Protection to contest the proposed revocation, said date and time being no sooner than 10 calendar days after notice is issued; and (3) inform the permittees that they are entitled to present evidence at the hearing in opposition to the proposed revocation. Following the hearing, the Commissioner of Business Affairs and Consumer Protection shall affirm or reverse the decision to revoke the license. If no permittee appears at such hearing, the Outdoor Dining Street Permit shall be revoked. The findings, decision, and order shall be mailed to the permittee at least five days before the effective date of the revocation. The decision shall be final and may be appealed as provided by law. However, if fewer than the minimum number of required permittees on an Outdoor Dining Street Full-Closure Permit are actively operating on the Outdoor Dining Street, whether voluntarily or because permits have been revoked, and at least two permittees continue to actively operate on the Outdoor Dining Street and are not in violation of any provision of this article, the Commissioner of Business Affairs and Consumer Protection may allow the remaining two permittees to continue operating the Outdoor Dining Street for the remainder of the permit period.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
(a) General violations. Any person who violates this article or rules 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) Failure to obtain permit. Any person who operates an Outdoor Dining Street without obtaining the applicable Outdoor Dining Street Permit, or who operates on an Outdoor Dining Street but is not listed on the applicable Outdoor Dining Street Permit, shall be subject to a fine of not less than $500.00 nor more than $2,500.00, and each day such a violation continues shall be deemed a separate and distinct offense.
(b)* Interference with enforcement. In addition to the above fine, any person who knowingly interferes with or impedes members of the Department of Transportation or the Department of Business Affairs and Consumer Protection in the enforcement of this article shall be subject to arrest by a duly authorized peace officer and imprisonment for a term not to exceed six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code (65 ILCS 5/1-2-1.1) and under the provisions of the Illinois Code of Criminal Procedure.
* Editor's note – Lettering sequence error; (b) duplicated in Coun. J. 5-31-23, p. 427, Art. I, § 3. Future legislation will correct if needed.
(c) Orders to remove. Any Outdoor Dining Street in operation without a valid Outdoor Dining Street Permit or subject to Section 10-28-610(d) is subject to removal from the public way by the Commissioner or the Commissioner's designee. Section 10-28-010(i) of this Code shall apply to the removal of any portion of an Outdoor Dining Street, from the public way, whether for unpermitted operation or for obstruction of the public way; provided, however, that the amount of the fine for a violation shall be as set forth in this section.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
ARTICLE XI. BENCHES ON PUBLIC WAYS* (10-28-640 et seq.)
* Editor’s note – Coun. J. 11-14-18, p. 90308, Art. III, § 1, amended the title of this article, which formerly read "Advertising Benches on Public Ways".
For the purpose of this article:
"Advertising bench" means a long seat for the accommodation of two or more people which is so designed as to permit the placement of any advertisement, slogan, or message.
"Bench" means a long seat for the accommodation of two or more people.
"Commissioner" means the Commissioner of Transportation of the City of Chicago or the Commissioner’s designee.
"Contractor" means a person who is awarded a contract for the placement and removal of advertising benches pursuant to this article.
"Department" means the Department of Transportation of the City of Chicago.
"Person" means any individual, corporation or other business entity, partnership, association or any other legal entity.
"Public way" includes any public street or alley from property line to property line, any city-owned parks, and any and all sidewalks, plazas owned by the city and parkways dedicated to public use.
"Transfer" means the sale of an interest and every other method, direct or indirect, conditional or unconditional, voluntary or involuntary, of disposing of or parting with an interest in a permit, including by means of a pledge, lien, encumbrance, gift, security interest or otherwise.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)
(a) Beginning 90 days after the effective date of this article, no person shall place or maintain any advertising bench on or over the public way except as permitted under this article.
(b) The commissioner may grant authority for the use of the public way for the placement of advertising benches within the city or within a defined portion of the city, in the manner provided in this article.
(c) The authority to place advertising benches on the public way in any territory within the city shall be awarded by contract pursuant to the competitive bidding procedures set forth in Division ten of Article 8 of the Illinois Municipal Code and Chapter 2-92 of the Municipal Code of Chicago.
(d) Before accepting bids for any such contract, the department shall, by rule or regulation, define the territory or territories in which the authority to place advertising benches will be granted.
(e) Any person awarded a contract under this section must:
(1) Place advertising benches on the public way only as permitted by this article;
(2) Remove, at the direction of the department, advertising benches illegally situated on the public way within the territory, in accordance with a schedule developed by the department and incorporated into the contract;
(3) Pay the city a monthly rental fee for each advertising bench placed or maintained on the public way by the contractor. Such fee shall be the amount that is bid in the competitive bidding process.
(f) A contract awarded pursuant to this section shall be in effect for a period of three years unless terminated pursuant to this chapter or pursuant to the terms of the contract. A contract may be extended by mutual agreement for a period of one year or less, but may not be so extended more than three times.
(g) A contract awarded pursuant to this section may contain such penalties, rewards or other inducements as the commissioner or the corporation counsel considers necessary to further the purposes of this article, and may provide for arbitration as a means for settling disputes arising under the contract. The contract may also provide that the city will in whole or in part indemnify the contractor against liability arising from the exercise of the contractor's duties pursuant to the contract.
(h) Any advertising bench on the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 1-13-10, p. 83228, § 1)
(a) Applications for permits to place advertising benches at particular locations shall be made by the contractor to the commissioner on forms provided by him for such purpose. Each application shall contain the proposed location of the advertising bench, a brief description of the size and shape of the bench and a drawing showing the exact proposed placement of the bench at the location. The application shall be reviewed by the department to insure that the proposed location and placement are in conformity with this article and with rules and regulations governing the placement of such benches in the public way promulgated pursuant to Section 10-28-690. Within ten business days of receiving any application, the commissioner shall notify the alderman of the ward in which the bench is proposed to be placed, who shall respond in writing with his specific objections, if any, within 15 days of receiving such a notice.
(b) If the commissioner determines that the proposed location of the advertising bench is in compliance with this article and all rules and regulations adopted pursuant thereto, he shall issue a permit to the contractor for the bench. A permit shall be valid for the duration of the contract unless the permit is terminated by the commissioner for any violation of this article or for any other reason specified in this article. Permits shall be nontransferable, and any attempt to transfer such a permit shall result in the immediate expiration of the permit. The monthly fee for placing or maintaining an advertising bench on the public way shall apply from the first day of the month following the month in which the permit is issued. The fee shall be paid each month or on such other periodic basis that the commissioner may establish by rule.
(c) Each contractor shall provide proof to the commissioner that such contractor has obtained commercial general liability insurance with limit of not less than $300,000.00 per occurrence for bodily injury, personal injury and property damage in connection with all of the contractor's advertising benches, naming the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. The aggregate amount of the insurance shall be an amount determined by the city comptroller, office of risk management, to be sufficient to cover all potential liability arising from the placement of the advertising benches.
No insurance policy shall be subject to cancellation except upon 30 days' prior written notice to the commissioner. A contractor shall maintain his insurance coverage so long as he keeps any advertising bench upon a public way. The term of any such policy shall be at least for the duration of any permit for any advertising bench issued to the contractor. Upon the termination or lapse of the contractor's insurance coverage, any permit issued to him shall expire.
(d) A contractor who applies for one or more permits shall post a cash bond with the city comptroller in an amount specified in the contract for the purpose (1) of assuring the prompt removal of any advertising bench upon expiration and nonrenewal of its permit or whenever ordered or required to remove an advertising bench pursuant to any provisions of this Code or the contract, and (2) of repairing any damage to the public way caused by the presence of any advertising bench placed by the contractor. The cost to the city of removing any such bench or making such repairs shall be deducted from the contractor's bond.
Whenever the commissioner assesses a cost against a contractor's bond, he shall provide him at least ten days' advance notice and inform him of his right to appeal and the manner of appealing the assessment in a public hearing in accordance with rules and regulations promulgated pursuant to Section 10-28-690. A contractor shall restore any amounts properly deducted from his bond within ten days after the deduction is made. Bonds shall remain with the comptroller for 90 days after the contractor certifies to the commissioner that all advertising benches maintained by the contractor have been removed following the expiration or relinquishment of the contractor's last permit. Any balance remaining shall thereafter be promptly refunded.
(e) Each advertising bench shall exhibit the permit issued for that location in permanently painted characters of at least one inch in height with one-fourth inch stroke in a contrasting color. Any bench failing to exhibit such information in the appropriate form may be removed pursuant to this article.
(f) Whenever any advertising bench placed lawfully upon the public way by the contractor endangers public safety or property or becomes a public nuisance, or whenever construction or a change in the configuration of the public way necessitates the removal or relocation of such bench, or whenever the condition or placement of such bench is not in compliance with this article, the commissioner shall order the contractor to remove or relocate the bench at the contractor's expense, or shall cause the bench to be removed at the contractor's expense after giving the contractor ten days' written notice.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 36; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 36)
Each advertising bench must be situated adjacent to that portion of the roadway that is reserved for use as a Chicago Transit Authority bus stop. No more than one advertising bench may be situated at any such location. All benches are expressly prohibited in the following places:
(a) In any alley or fire lane;
(b) At any location where placement of a bench would impede the free and orderly flow of pedestrian traffic or would impede access to the public way or public transportation by disabled persons; and
(c) At any location:
(1) Where the remaining width of the sidewalk would be less than four feet,
(2) Within 30 inches of any curbline,
(3) Within 50 feet of the property line of property is zoned R3 or lower or on which a designated landmark building is located,
(4) Within five feet of any loading zone, driveway, fire lane or alley,
(5) Within 15 feet of any fire hydrant or standpipe,
(6) Within three feet of any pedestrian crosswalk,
(7) In line with and within 20 feet of any doorway or entranceway to any private property or in a position that would otherwise interfere with or impede exit from or entrance to private property,
(8) On median strips in the roadway.
(d) Further, advertising benches are prohibited:
(1) Within any bus shelter,
(2) Within three feet of a posted Chicago Transit Authority bus stop sign,
(3) Within any area designated an historic district pursuant to this Code; within a public park; or within any other area designated by ordinance adopted prior to advertising for bids as an advertising bench "restricted zone".
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)
Loading...