§ 123.05  REGULATIONS.
   (A)   Time.
      (1)   The sidewalk dining season shall commence on January 1 and conclude on December 31 of the year.
      (2)   Special permission may be granted by the Director during the off season in cases of sidewalk festivals or other community events and activities.
      (3)   Sidewalk dining shall be allowed from 6:00 a.m. to midnight, but in no instance shall the hours for sidewalk dining exceed the restaurant’s permitted hours of operation.
      (4)   The Director may, upon written notice, require the temporary removal of all sidewalk dining area furniture and other related objects during festivals or other community events and activities.
   (B)   Location.
      (1)   The sidewalk dining area shall be located only within the area depicted on the applicant’s design plan.
      (2)   The location of all furniture, fixtures and facilities associated with sidewalk dining shall be such that a continuous pedestrian access route (PAR) meeting at least the minimum requirements of the Americans with Disabilities Act (ADA) will be maintained.
         (a)   Currently, the PAR is recommended to be five feet wide, and in any event, shall not be less than three feet wide. Tree grates and similar semi-open surfaces do not count towards the required PAR width.
         (b)   A vertical ground clearance area of at least seven feet shall be maintained at all times. Umbrellas and other overhead obstructions must not encroach into this area.
         (c)   There shall be no “grandfathering” or non-conforming right to continue previously permitted sidewalk dining arrangements insofar as minimum PAR standards as concerned. Any permit is issued only on an annual basis and is subject to mandatory modification to assure compliance with required PAR standards as they evolve from time to time.
         (d)   Additional sidewalk clearance shall be required where pedestrian traffic or other circumstances warrant.
      (3)   Sidewalk dining areas shall not obstruct sight distance of vehicular traffic, nor block access to any ramp, driveway, fire hydrant, fire escape, or entrance/exit.
   (C)   Maintenance and materials.
      (1)   The permittee shall keep the sidewalk dining area in a neat and clean condition, free from nuisance, litter, and trash and shall provide for the prompt removal of trash and waste therefrom. The restaurant shall wash down the sidewalk as needed to remove grease and residue.
      (2)   All city and state health requirements must be met at all times.
      (3)   Only tables, chairs, umbrellas, decorative items and pedestrian barriers shall be permitted in the public sidewalk.
      (4)   Paint, carpeting, artificial turf, platforms or other surfaces of any kind, shall not be permitted at any time in the sidewalk dining area.
      (5)   There shall be no penetration of the public sidewalk surfaces.
      (6)   All furniture and fixtures located on public sidewalks shall be entirely portable.
      (7)   Sidewalk tables, chairs, furniture and decorative items shall be of uniform design.
      (8)   Permitted materials for sidewalk tables and chairs are limited to cast iron, wrought iron, expanded steel, wire steel, cast aluminum, and extruded aluminum. The pieces must be of substantial weight and quality. Glass inserts or glass tables and resin or wood furniture are prohibited.
      (9)   Umbrellas shall be of stable construction with flame-retardant, color-fast fabric.
      (10)   With prior approval of the Director, sidewalk dining may be separated from the public sidewalk by a 30 to 36-inch tall pedestrian barrier (railing, fence, or planters). Pedestrian barriers must be sturdy and stable and have sufficient weight so they cannot tip or be blown over. Pedestrian barriers shall not be anchored to the public sidewalk and shall be maintained so as not to stain/discolor the sidewalk.
      (11)   Advertising of any kind on umbrellas or other sidewalk furniture is prohibited.
      (12)   No signs shall be permitted within the sidewalk dining area except one menu board sign may be displayed within the area of the sidewalk dining, mounted on an easel or any other easily removable fixture. The sign shall not exceed six square feet.
      (13)   Sidewalk dining furniture and other related objects must be stored indoors in the off season.
      (14)   All furniture and fixtures must be kept clean and in good repair. Broken or damaged pieces shall be safely and securely repaired or replaced immediately. Repairs shall be sufficient to maintain the current level of quality, and replacements shall be of the same or similar design, color, quality and material.
      (15)   The presetting of tables with utensils, glasses, napkins and condiments and the like, is prohibited.
      (16)   While in use, the dining area must have adequate illumination from dusk and thereafter.
      (17)   Outdoor heaters shall not be permitted in the sidewalk dining area.
      (18)   No speakers or sidewalk music shall be permitted on the sidewalk dining area.
      (19)   Businesses shall follow the regulations of the Smoke Free Illinois Act.
      (20)   All food preparation must take place inside the associated restaurant.
      (21)   Restaurant service equipment shall not be permitted on sidewalks.
      (22)   No dogs, other than service animals, shall be allowed in the sidewalk dining area. Service animals include, but are not limited to, guide dogs for people who are blind or have visual impairments, hearing dogs for people who are deaf or hard of hearing, seizure alert dogs, and dogs who assist people with mobility impairments.
   (D)   Alcoholic beverages. Restaurants possessing a valid liquor license for on-site consumption shall be allowed to serve alcoholic beverages in the designated sidewalk dining area. Removal of alcoholic beverages from the designated sidewalk dining area, except back into the applicant’s facility, is prohibited.
   (E)   Inspections. Restaurants with sidewalk dining permits shall be subject to periodic inspections for compliance with the standards of this chapter.
(Ord. 3897, passed 8-17-2015; Ord. 4161, passed 9-21-2020) Penalty, see § 123.99