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The Department of Transportation shall review an Outdoor Dining Street Permit application for compliance with this article and applicable rules:
(a) The Commissioner shall solicit input from departments, including, but not limited to, the Department of Business Affairs and Consumer Protection, the Department of Police, the Department of Fire, the Office of Emergency Management and Communications, and the Mayor's Office for People with Disabilities and may consult with the Chicago Park District, and may also solicit input from stakeholders, including neighboring businesses, as to the factors the Commissioner considers in determining whether to grant the permit.
(b) If the Commissioner finds that the permit application is complete, the Commissioner shall provide the application to the alderman of the affected ward. The alderman shall provide a recommendation to the Commissioner regarding the application within 30 days of receiving it, unless, the Commissioner determines that good cause exists for a reasonable extension, not to exceed 30 days. The recommendation regarding the application shall be based upon the alderman's analysis of the requirements of this article and the rules promulgated in furtherance of the article. Such recommendation shall not be unreasonably withheld. The Commissioner shall issue the Outdoor Dining Street Permit to the applicant if the Commissioner finds that the applicant meets the applicable requirements and the alderman's recommendation is that the permit application should be approved. If the Commissioner finds that the applicant meets the applicable requirements, but the alderman recommends that the permit application should be denied, the applicant, with the assistance of the Department of Transportation, may submit for City Council consideration an applicant-sponsored ordinance granting approval of an Outdoor Dining Street Permit.
(c) Denial.
(1) If the Commissioner finds that the applicant fails to meet the requirements of this article or the rules promulgated hereunder, the Commissioner shall deny the application. The Commissioner shall notify the unsuccessful applicant in writing of the denial and the reasons therefor within 10 business days after the denial. An applicant for a permit that was found liable of violating Section 10-28-610(c) twice during the prior permit period shall be subject to denial of the permit for the permit period applied for.
(2) Upon denial by the Commissioner of a permit application made under this section, the Commissioner shall notify the applicant, in writing, of such fact and of the basis for the denial. If no appeal is filed within 10 calendar days of the date of notice of the Commissioner's decision, that decision shall be deemed final. Within 10 days after such notice is mailed, the applicant may make a written request to the Commissioner for a hearing on the disapproved application. Within 10 days after such written request for a hearing is made, a public hearing shall be authorized before a hearing officer appointed by the Commissioner of Business Affairs and Consumer Protection. Such public hearing shall be commenced within 30 days after such hearing is authorized. Within 14 days after completion of such hearing, the hearing officer shall report the hearing officer's findings to the Commissioner of Business Affairs and Consumer Protection. If the Commissioner of Business Affairs and Consumer Protection determines after such hearing that the application should be denied, the Commissioner of Business Affairs and Consumer Protection shall, within 60 days after such hearing has been concluded, state the reasons for the Commissioner's determination in a written finding and shall serve a copy of such written finding upon the applicant. The Commissioner's determination shall be final and may be appealed in the manner provided by law.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
(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)
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