All permit holders shall be subject to the following regulations:
(A) The outdoor café area and the outdoor seating on the public right-of-way area and outdoor dining on private property area shall be maintained clean and free from refuse or clutter at all times regardless of the source of such refuse and clutter. Refuse from any outdoor seating area shall not be disposed of in public waste receptacles.
(B) Outdoor seating elements (as defined in § 115.05 below) shall not be permanently attached and shall be removed when not in use during cold weather months (generally October through March). Any outdoor seating elements owned by the business establishment, that are intended to be placed within the public right-of-way outside of established business hours, shall be identified within the annual permit application, and shall be subject to review by the City Administrator, or their designee. If approved, the city reserves the right to require the establishment to remove or modify the outdoor seating elements, if deemed necessary by the city at any time.
(C) For outdoor seating on the public right-of-way, all public improvements shown on the site plan, including, but not limited to, pavers, benches, light poles and trees shall be maintained in the condition in which they existed immediately prior to the issuance of the permit, excluding normal wear and tear. The permit holder shall immediately report any damage to such public improvements to the Administrative and Billing Office. The city shall repair or replace such public improvement at its discretion and shall charge the cost of repair or replacement to the permit holder unless the damage can be clearly shown to have resulted from a cause not related to the issuance of the outdoor seating on the public right-of-way permit. All outdoor seating elements of outdoor cafes on public rights-of-way and outdoor dining on private property shall meet all provisions of the current Federal Americans with Disabilities Act (ADA) Standard and the Illinois Accessibility Code.
(D) Activities involving the outdoor seating on the public right-of-way shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.
(E) Outdoor café permits and/or outdoor seating on the public right-of-way permits shall be posted in a conspicuous place inside the business establishment.
(F) The source of music or other entertainment provided outdoors in conjunction with an outdoor café or outdoor seating in the public right-of-way permit or outdoor dining on private property permit, shall be located only on the private property of the permit holder and shall be provided, with noise levels maintained in strict compliance with the provision of § 94.01 or any other codes which may be established with regard to noise or public nuisances. Furthermore, all outdoor music or entertainment shall cease by 10:30 p.m. on Sunday through Thursday, and by 11:30 p.m. on Friday and Saturday.
(G) Outdoor seating areas on private property shall be permitted for establishments in which the designated seating area is on the same lot of record as the business establishment and located within the buildable area of the property. For outdoor seating within public rights-of-way, the outdoor seating area shall be limited to the areas designated on the permit, and shall not be located in front of any other business establishment or use unless the permit holder provides authorization to the village, from the adjacent business owner or occupant stating that he/she/it consents to the sidewalk seating elements being placed in front of his/her/its business establishment or use.
(H) Business establishments must meet all provisions as set forth within the Smoke Free Illinois Act.
(I) Business establishments must provide public restrooms for patrons, as required by this Code.
(J) Business establishments shall be entitled to remove or exclude persons from the outdoor seating on the public right-of-way area during the hours of business operation, and are authorized to give notice to any such persons to prevent such entry, in the same manner as applicable to the non-public right-of-way portion of the business establishment.
(Ord. 2020-MC07, passed 5-26-2020)