§ 111.09  OUTDOOR RESTAURANT PERMIT.
   (A)   Conditions.  On application and payment of an investigation and processing fee, the holder of a Class A-l, B-l, B-2, C-l, C-2, D-l, D-2, G-l, G-2, L-1, L-2, or L-3 license maybe issued an outdoor liquor permit, except that areas located on public sidewalks (sidewalk cafés) shall be limited to the holder of a Class C-l, C-2, D-l, D-2, L-1, L-2, or L-3 license.  Upon issuance, an outdoor liquor permit will entitle the holder of the aforementioned liquor license the ability to sell alcoholic liquors as authorized by his or her primary classification, outside of the permanent structure of his or her premises, provided the following conditions are met:
      (1)   Outdoor areas where liquor is served shall comply with all applicable sections of the municipal code.
         (a)   Outdoor area for restaurant and/or bars (large) or outdoor eating and/or drinking permit (if located on a rooftop) shall have a valid special use permit as required per § 156.124.
         (b)   Sidewalk cafés shall meet the provisions set forth in §§ 91.80 et seq.
      (2)   Permanent or temporary structures erected in association with the outdoor area shall comply with all district zoning requirements.
      (3)   A pedestrian barrier is required for all outdoor areas where alcohol is served.  In public right-of-way, the barrier is not to exceed 42 inches.  When located on private property, the barrier is not to exceed six feet, and solid-style fencing may be required and designed in such a manner so that the vision of a person on either side of the fence is obscured when viewing through the fence.
      (4)   Access to the outdoor area is restricted (e.g., fully enclosed with access from the interior of the establishment only) or monitored by employees at all times to prevent the passing of beverages to patrons off the premise, to prevent open containers of alcoholic liquor from being removed from the designated area, and to ensure persons under the age of 21 do not consume alcoholic beverages.
      (5)   Hours of operation for the sale and consumption of liquor in the outdoor area shall adhere to the primary liquor license governing the establishment, but in no such case shall the outdoor hours exceed the hours of operation for the principal use. If any persons other than the licensee or licensee’s employees are in the outdoor area after the aforementioned hours and there are alcoholic beverages in any form or container other than in the corked or re-closed place of display or storage, it shall be presumed that a violation of this section has occurred.  All unfinished drinks shall be cleared from the outdoor area within ten minutes after closing time of the area. Licensee shall maintain the surrounding sidewalk and other public walkways or rights-of-way around the outdoor area free from garbage and litter, regardless of its source. Failure to keep the outdoor area and surrounding public area and/or right-of-way free from garbage and litter shall be subject the licensee to being invoiced and liable for the cost of any remedial measures and/or fines.
      (6)   Music shall be permitted in an outdoor area for a restaurant and/or bar according the provisions contained in § 156.124, provided no music of any kind may be played or broadcast from the outdoor area or within the permanent structure that is of such a volume so as to disturb the neighborhood in any manner.
      (7)   No sales or dispensing of alcoholic liquor may be made from the outside area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outdoor area permanent structure.
      (8)   Proof of dram insurance coverage on the outside area must be submitted with the complete application.
      (9)   Adequate security must be provided by the licensee.
      (10)   No cigar or cigarette smoking, vaping, or use of an electronic or other devices for tobacco, hookah, weed, including cannabis, herbs or any other lighted or burned chemical product that emits vapor, smoke or fume, shall be allowed in the outdoor area located on public sidewalks (sidewalk cafés), except any asthma inhaler prescribed by a physician for that condition, and marketed and sold solely for that approved purpose.
         (a)   Nothing in this provision absolves or eliminates the requirement for the licensee to comply with the Smoke Free Illinois Act, ILCS Ch. 418, Act 82, 1 et seq., including but not limited to, prohibiting cigar or cigarette smoking, vaping, and the use of an electronic cigarette device, within 15 feet from the building, doors and windows that open, and any ventilation intakes.
         (b)   Liquor licensees that allow patrons to smoke outdoors must ensure that the patrons are smoking in a designated smoking shelter that complies with the guidelines from the Will County Health Department and the Smoke Free Illinois Act. The designated a smoking shelter must be approved by the city’s Community and Economic Development.
   (B)   Fee.  The annual fee for an outdoor liquor permit for each outdoor area shall be $125.
   (C)   Annual review.  The Community and Economic Development Department will review and approve yearly outdoor liquor license requests prior to issuance, to ensure compliance with zoning codes and previously issued building permits for the outdoor area.
(`79 Code, § 111.036)  (Ord. 92-281, passed 4-6-92; Am. Ord. 94-365, passed 6-7-94; Am. Ord. 01-335, passed 12-12-01; Am. Ord. 06-677, passed 8-9-06; Am. Ord. 11-027, passed 8-17-11; Am. Ord. 21-015, passed 8-18-21)  Penalty, see § 111.99