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(a) Wherever used in this article, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of Transportation.
"Curb lane" means that portion of the public way located between the sidewalk and a portion of a roadway where vehicular traffic is given preferential right-of-way, whether for motor vehicles or bicycles. The curb lane may include a parking lane.
"Outdoor Dining Street" means a street that has been blocked off, whether in full or in part, from motor vehicle traffic in order to use the space for the outdoor consumption of food and beverage.
"Outdoor Dining Street Permit" means "Outdoor Dining Street Full-Closure Permits" and "Outdoor Dining Street Curb Lane Permits".
"Permittee" means a business that has received an Outdoor Dining Street Permit.
"Retail food establishment" means any building, room, stand, enclosure, place or establishment occupied and used as a place of business for the purpose of serving, selling, and offering for sale at retail any article of food for human consumption. The term shall only include places that provide for the on-premises consumption of food, such as restaurants, coffee shops, cafeterias, luncheonettes, grills, tearooms, sandwich shops, and soda fountains.
"Street" has the meaning ascribed to the term in Section 9-4-010.
(b) A permit shall be required to operate an Outdoor Dining Street.
(c) Outdoor Dining Street Full-Closure Permit. Three or more licensees who hold valid retail food establishment licenses or tavern licenses may apply to the Commissioner of Transportation to close the street on a block between two intersections to obtain an Outdoor Dining Street Full-Closure Permit for the purpose of serving the food and beverage provided by their licensed establishments on the public way. To be eligible for an Outdoor Dining Street Full-Closure Permit, at least fifty percent of the licensees shall be retail food establishments and the licensed premises of participating establishments shall be located directly adjacent to the Outdoor Dining Street.
(d) Outdoor Dining Street Curb Lane Permit. A licensee who holds a valid retail food establishment license or tavern license and has a licensed premises directly adjacent to the portion of the street sought to be temporarily modified may apply to the Commissioner to close a portion of a curb lane in front of the licensed premises to obtain an Outdoor Dining Street Curb Lane Permit for the purpose of serving the food and beverage provided by their licensed establishment on the public way.
(e) No smoking shall be allowed in the area designated for the Outdoor Dining Street.
(f) An Outdoor Dining Street Permit shall be valid from May 1st to and including October 31st of the year of its issuance. The fee for an Outdoor Dining Street Permit shall be determined by the Commissioner, taking into account land values, and shall be set by rule.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
Application for any Outdoor Dining Street Permit shall be submitted to the Commissioner, who shall make available forms for this purpose. The applicant shall provide such information on the application as the Commissioner may require by rule, including, but not limited to:
(a) Proof that the applicant holds a valid retail food establishment or tavern license issued to the establishment that will provide food for the outdoor dining.
(b) Proof of insurance as required by this article.
(c) A plan for the outdoor dining space, complying with applicable rules, and shall contain:
(1) a site plan, showing the locations of proposed barricades, street closures, and access points;
(2) a description of how the permittees, individually and collectively, will comply with the requirements of this article and rules issued pursuant to the article;
(3) an emergency plan, including (i) an emergency contact; (ii) ingress and egress points for vehicles that may need to enter such as fire trucks, ambulances, police vehicles, and construction and utility vehicles;
(4) a plan to ensure that the Outdoor Dining Street is cleaned on a daily basis; and
(5) a plan demonstrating that the outdoor dining shall not unreasonably interfere with: (i) adequate pedestrian and bicycle flow; (ii) access to building entrances; (iii) pedestrian and traffic safety; and (iv) the aesthetic quality of the surrounding area.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
Each Outdoor Dining Street Permit participant shall furnish proof of insurance evidencing commercial general liability insurance with limits of not less than $500,000.00 per occurrence, $1,000,000.00 in the aggregate, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days' prior written notice to be given to the Commissioner if coverage is substantially changed, canceled or non-renewed.
The City of Chicago shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of an Outdoor Dining Street. Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend and hold the City harmless from any loss that results directly or indirectly from the permit issuance.
In addition, if alcoholic beverages will be served at the Outdoor Dining Street, each Outdoor Dining Street Permit participant that serves alcoholic beverages shall provide proof of liquor liability (dramshop) insurance for the Outdoor Dining Street as required in Section 4-60-040(c)(2) of this Code.
Each permittee shall maintain the insurance coverage required under this section for the duration of the Outdoor Dining Street Permit. Proof of insurance shall be presented to the Commissioner prior to the issuance of a permit under this article. Proof of liquor liability (dramshop) insurance shall be presented to the Department of Business Affairs and Consumer Protection. Failure of the permittee to maintain the insurance required by this section shall result in the revocation of the Outdoor Dining Street Permit.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
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)
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