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(a) All permittees operating on an Outdoor Dining Street shall comply in all respects with the specifications set out in the plan submitted to the Commissioner, with the other components of the application, and with any additional requirements set by the Commissioner.
(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 either subsection (b) or (c) of this section, the Commissioner shall review the change to determine whether 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. 5-31-23, p. 427, Art. I, § 3)
No activity other than food and alcoholic beverage service shall be permitted at the Outdoor Dining Street. An Outdoor Dining Street Permit does not authorize food or alcoholic beverage service other than that which participant businesses have licenses to conduct, provided that nothing in this section shall prohibit food service provided by retail food establishments at a curb lane operated by a tavern licensee pursuant to an Outdoor Dining Street Curb Lane Permit.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
(a) Holders of an Outdoor Dining Street Permit shall not:
(1) operate earlier than 7:00 a.m. nor later than 11:00 p.m.
(2) play music, whether live or recorded, nor allow music to be played at the Outdoor Dining Street, other than through headphones.
(b) The holder of an Outdoor Dining Street Permit shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. For Outdoor Dining Street Full-Closure Permits, the operator shall leave six feet of public way unobstructed for pedestrian passage. The construction, configuration, and other characteristics of the boundary, including landscaping, shall be set forth by rule.
(c) Outdoor Dining Street Full-Closure Permit holders shall have the following requirements:
(1) At least one retail food establishment shall be open for outdoor business when a business with only a tavern license is open for outdoor business on the Outdoor Dining Street. A business with only a tavern license may not operate on the Outdoor Dining Street if there is no retail food establishment operating on the Outdoor Dining Street.
(2) At least two retail food establishments shall be open for outdoor business each day of the week. Retail food establishments shall be open for at least four consecutive hours. At least two retail food establishments shall be open between 5:00 p.m. and 7:00 p.m. However, no penalty for violation of this subsection shall apply to a business that has to shorten or discontinue its hours on a particular day as a result of inclement weather.
(3) Hours of operation for the street portion shall be posted by each retail food establishment.
(4) All licensees on the permit shall operate on the street portion at least two days a week at all times during the permitted operating hours.
(5) Only licensees which are named in the permit may operate on an Outdoor Dining Street.
(6) If a street has one or more lanes designated for bicycles, the Outdoor Dining Street shall allow for bicycle lanes through the street.
(d) Outdoor Dining Curb Lane Permit holders who are taverns shall allow for food service on the premises of the curb lane.
(e) Permittees shall follow Commissioner directives, including, but not limited to, modification or suspension of operations in order to make room for construction.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
If a permittee serves alcoholic liquor at the Outdoor Dining Street, the permittee shall be licensed under this Code for such sales. Neither BYOB, as defined in Section 4-58-010, nor any other system for alcoholic beverages supplied by the customer or by any person other than the permittee shall be allowed at Outdoor Dining Streets.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
(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".
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