10-28-840 Permit for food and alcoholic beverage service only.

   A sidewalk café permit shall only authorize food and alcoholic beverage service at the sidewalk café. Regardless of what other activity may take place inside the establishment pursuant to license or permit, such activity shall not be allowed at the sidewalk café by virtue of the sidewalk café permit.

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

10-28-845 Operational conditions.

   (A)   Sidewalk cafés permitted under this article shall not operate earlier than 7:00 a.m. nor later than 12:00 midnight.

   (B)   Sidewalk cafés permitted under this article shall not play music, whether live or recorded, nor allow music to be played at the sidewalk café, other than through headphones.

   (C)   The operator of a sidewalk café shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. The operator shall leave six feet of public way unobstructed for pedestrian passage; the commissioner may alter this requirement by regulation in a situation where adherence to the requirement would make operation of a sidewalk café impossible and reduction of the unobstructed portion of the public way would not compromise pedestrian safety. The construction, configuration and other characteristics of the boundary, including landscaping, shall be set forth by regulation.

   (D)   Sidewalk cafés that are taverns shall allow for food service on the premises of the sidewalk café.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 20; Amend Coun. J. 5-31-23, p. 427, Art. II, § 1)

10-28-846 Extension in front of neighboring property.

   If a permit application is made for a sidewalk café that would extend to any portion of a public right-of-way in front of a neighboring property, in addition to all other applicable requirements, the following requirements shall apply and shall be required for continued operation:

   (A)   The insurance coverages furnished in compliance with Section 10-28-815 of the Code shall apply to the entire footprint of the sidewalk café as set forth in the approved plan;

   (B)   The sidewalk café shall extend to the public right-of-way in front of the neighboring property without interruption;

   (C)   The sidewalk café may not obstruct the view of any of the occupied neighboring property's windows from the street, or block the door of the neighboring property;

   (D)   The sidewalk café may not extend to a public right-of-way in front of a neighboring property that is used for the operation of a retail food establishment or retail liquor establishment;

   (E)   The extension shall be limited to the public right-of-way in front of a single neighboring property; and

   (F)   If the sidewalk café extends on the property side of the public right-of-way in front of the neighboring property, the applicant shall notify, in writing, the owner and occupant, if any, of such property of the applicant's plan to apply for a sidewalk café permit that would extend on the property side of the public right-of-way in front of the neighboring property. A copy of such notice shall be included with the sidewalk café permit application. No such notice shall be required if the sidewalk café extension is entirely on the curb side of the public right-of-way in front of the neighboring property.

(Added Coun. J. 5-31-23, p. 427, Art. II, § 1)

10-28-850 Alcoholic beverage service – Requirements.

   If alcoholic beverages are served at the sidewalk café, the operator must be validly licensed under this code for such sales; provided, however, an owner or manager of an indoor retail market operating a sidewalk café is not required to be licensed for the sale of alcoholic beverages. If alcoholic beverages are served at a sidewalk café operated by an indoor retail market, (i) the retail food establishment selling the alcoholic beverages must be validly licensed under this code for such sales; (ii) the retail food establishment serving the alcoholic beverage must maintain its liquor liability (dramshop) insurance when serving the alcoholic beverages; and (iii) the alcoholic beverages must be served in plastic cups which shall clearly identify the retail food establishment from which each alcoholic beverage was purchased. Alcoholic beverages supplied by the customer or by any person other than the permittee will not be allowed at sidewalk cafés.

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

10-28-855 Compliance with code and rules and regulations required.

   All holders of a sidewalk café permit, retail food establishments selling food or alcoholic beverages in a sidewalk café operated by an owner or manager of an indoor retail market, and their employees shall be subject to and comply with all applicable requirements and standards for retail food establishments and taverns contained in the Code, as amended, and the rules promulgated thereunder, and all laws, rules, and regulations pertaining to the sale of alcoholic beverages.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 5-31-23, p. 427, Art. II, § 1)

10-28-860 Promulgation of regulations; force and effect.

   (A)   The commissioner is authorized to promulgate regulations to carry out the purposes of this article, including without limitation regulations governing:

      (1)   The location, arrangement and design of sidewalk cafés 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 cafés, 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 sidewalk cafés;

      (4)   The time periods during which application can be made for a sidewalk café permit;

      (5)   Landscaping and other aesthetic components of the sidewalk café; and

      (6)   Any other matter pertaining to this article.

   (B)   A permittee shall comply with the regulations promulgated pursuant to this article, which shall have the force and effect of law.

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

10-28-865 Hearings.

   The commissioner may hold formal and informal hearings prior to the promulgation of rules and regulations as the commissioner deems necessary. All such hearings shall be open to the public.

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

10-28-870 Enforcement.

   (A)   The commissioner or his designee is authorized to take such action as necessary to enforce the provisions of this article, including conducting on- site inspections of sidewalk cafés associated retail food establishments to determine compliance with the permitting and other requirements of this article and regulations promulgated hereunder.

   (B)   Upon request by the commissioner or his designee, the operator of a sidewalk café shall provide for inspection the documents required by this article to operate a sidewalk café, including the sidewalk café permit, the plan for the sidewalk café, and proof of insurance.

   (C)   Any sidewalk café for which a permit is required by this article, and which has failed to obtain such permit, may be closed by the commissioner or his designee until such permit is procured. Upon being notified of closure, all sidewalk café activity must cease, and all obstructions in the public way, including boundaries, tables and chairs, must be removed.

   (D)   Any sidewalk café for which a permit is in effect under this article may be temporarily closed by the commissioner or his designee, 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: (i) café footprint or café-related objects or equipment on property beyond plan specifications, (ii) a missing or incomplete barrier, or (iii) 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. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 6-17-15, p. 1342, § 1)

10-28-875 Violation – Penalties.

   (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 the above fine, and any person who knowingly interferes with or impedes the commissioner or his designee in the enforcement of this article shall be subject to arrest by a duly authorized peace officer of the department 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 and under the provisions of the Illinois Code of Criminal Procedure,

   (C)   Any sidewalk café in operation without a valid sidewalk café permit or subject to Section 10-28-870(D) is subject to removal from the public way by the commissioner or his designee. The provisions of Section 10-28-010(i) of the code shall apply to the removal of any portion of a sidewalk 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. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 11-8-12, p. 38872, § 190; Amend Coun. J. 6-17-15, p. 1342, § 1)