A. Definition: "Sidewalk dining" means the act of selling food and beverages on a village sidewalk immediately in front of, or adjacent to, an existing restaurant or retail food store owned by the applicant. The restaurant or retail food store must have a current license from the county health department.
B. License: No person shall operate sidewalk dining on a village sidewalk without a valid license to do so issued by the village.
C. License Requirements: The village clerk shall issue a license to an applicant if the applicant meets the requirements of this section. The applicant shall complete an application on a form approved by the village clerk. The applicant shall, at a minimum, provide the following information:
1. The applicant's name and address. If the applicant is a corporation, the applicant shall identify a manager and state the name and address of its manager.
2. Attach a copy of its "plan of operation" as provided for in subsection G of this section.
3. Provide evidence of insurance insuring the applicant against liability arising out of the ownership, maintenance or operation of the applicant's sidewalk dining in amounts of at least one million dollars ($1,000,000.00) for the injury or death of one or more persons, and one hundred thousand dollars ($100,000.00) for damage to property. The village shall be named as an additional insured in the policy providing such insurance and such policy shall further provide that it may not be canceled except upon ten (10) days' written notice filed with the village clerk.
D. Term: The term of a license shall be until December 31 of the year in which it was issued unless it is revoked by the village. (Ord. 2014-16, 7-9-2014)
E. Fee: The fee is fifteen dollars ($15.00) per year. No part of the fee is proratable. (Ord. 2014-19, 8-13-2014)
F. Inspection: The village reserves the right to inspect the sidewalk dining premises at any time.
G. Plan Of Operation: Each applicant shall provide a copy of its plat of operation to the building inspector for approval. The plan of operation shall provide, at a minimum, the following:
1. A dimensional plan drawn to scale and done in a professional manner showing the sidewalk and all public improvements (light posts, benches, planters, trees and tree grates) in the immediate area.
2. The location of the curb relative to the building, building entrance and the proposed location of all dining furniture.
3. The heights of the dining furniture to be placed on the sidewalk and the number of feet and location of the unobstructed pedestrian walkway.
H. Restrictions: The applicant agrees to conduct the sidewalk dining in a safe manner. The applicant agrees it shall:
1. Operate the sidewalk dining in accordance with the plan of operation filed with the village.
2. Keep the premises clean and free from refuse at all times. The applicant shall clean and sweep the sidewalk area at the end of each business day.
3. A five foot (5') clear zone shall be maintained at a corner location of two (2) public sidewalks. The items shall be immediately adjacent to the building and shall not extend beyond the applicants' storefront on any side.
4. Operate so that it does not interfere with pedestrian traffic or vehicular traffic, or access into or from any building.
5. Clearly display its sidewalk dining license from an adjacent window so that it is visible from the sidewalk.
6. Maintain all furnishings in good condition at all times. The dining furniture shall be of such a quality so as not to create a windblown hazard. No picnic tables, plastic tables, or chairs are allowed. All furniture shall be consistent with color, style, and type. Any barriers must be sturdy, decorative metal or wood.
7. The applicant shall not provide amplified music or music speakers for the sidewalk dining.
8. The hours for the outdoor dining shall be limited to the hours of the applicant's existing business.
9. No glass containers/cups shall be provided to outdoor dining customers.
10. No advertising on umbrellas, furniture, or barriers including any types of logos, graphics, or names is allowed.
I. Revocation Or Suspension: An applicant's license may be revoked or suspended. A license may be suspended for up to thirty (30) days. A revocation or suspension may occur if the village president or the president's designee find, after a hearing, that:
1. The applicant has violated any provisions of this section, the laws of this state or ordinances of the village while engaged in the operation of the sidewalk dining; or
2. The application contains false or misleading information.
The village shall give the applicant at least ten (10) days' written notice, mailed to the address set forth on the application, stating the alleged violation and the date of the hearing. The applicant may present evidence at such hearing and cross examine any witnesses. Any decision made by the village shall be in writing and may be appealed to the village board of trustees if done so within twenty (20) days of the date of the decision. (Ord. 2014-16, 7-9-2014)