(a) An “outdoor parklet” is defined as a space within a City right-of-way, excluding sidewalk areas, that is to be utilized to maintain movable outdoor furniture and will provide space for the consumption of food or beverage. A parklet is a sidewalk extension that provides more space and amenities for people using the street. Usually parklets are installed on parking lanes and use several parking spaces. Parklets typically extend out from the sidewalk at the level of the sidewalk to the width of the adjacent parking space. The parklet premises will be defined as a space no less than one space and no greater than three parking spaces boarded by a removable barrier that can be of a nature determined by the owner.
(b) A "sidewalk cafe" means any portion of an eating and drinking place located on a public right-of-way that provides food or beverage service and is either enclosed or unenclosed, operated by any inn, restaurant, eating place, lunch counter, fast food outlet, catering service, coffee shop, diner, sandwich shop, soda fountain, soft drink parlor, ice cream parlor, tea room, delicatessen operation, hotel, motel or other facility licensed by the Stephenson County Health Department where food and beverages are sold at retail in the City, or where food is prepared for immediate consumption and sold by a business which provides for on-premises consumption of said food, whether or not such facility is situated in an established, permanent business location and whether or not such facility is in connection with some other endeavor or enterprise. The term "sidewalk cafe" does not include any drive-in restaurant, buffet, movie theater, mobile food or beverage or ice cream vehicle, club, public or private school or boarding house.
(c) No person shall establish or utilize an outdoor parklet or sidewalk café without first having obtained a license from the City.
(d) Any person or business desiring to utilize both sidewalk and street right-of-way shall be required to hold both sidewalk café and parklet licenses. The City Manager or his designee may designate the duration of the outdoor parklet or sidewalk café license and any dates or times on which any such license is not valid.
(Ord. 2017-48. Passed 6-19-17; Ord. 2019-17. Passed 4-1-19.)