(A) Tables, chairs, temporary fencing, decorations and umbrellas (the "outdoor seating elements"):
(1) Shall be located so that a four-foot wide unobstructed walkway, as measured from the outdoor seating element to any other obstructions on the opposite side of the unobstructed walkway, is maintained at all times;
(2) Shall be located in accordance with the approved site plan, shall generally be immediately adjacent to the building and in no instance less than 42 inches from the back of curb, except that outdoor seating elements can be located closer than 42 inches from the back of curb when there is no parallel parking adjacent to them (said modification to these requirements may be varied by the City Administrator, or their designee, if granting such approval provides for a better design and layout of the seating area);
(3) Shall not obstruct normal ingress and egress from the business's establishment;
(4) Shall not be of a design and/or weight that will create a wind-blown hazard; and
(5) Shall meet all provisions of the current Federal American with Disabilities Act (ADA) Standard and the Illinois Accessibility Code.
(B) The following items or actions are prohibited in the outdoor seating on the public right-of-way area and the outdoor dining on private property area:
(1) Outdoor seating elements in locations not approved by the City Administrator, or their designee; and
(2) Electrical appliances.
(C) The following provisions are required for business establishments where the service or consumption of alcoholic beverages will take place in the outdoor café or outdoor seating on the public right-of-way or outdoor dining on private property:
(1) The business establishment shall have a valid liquor license issued by the village, that allows for the service of the type of alcoholic beverages being served;
(2) Alcoholic beverage consumption shall only be permitted within the designated outdoor seating area, or any other portion of the business establishment to which the liquor license relates. The permit holder shall not allow or permit any customer, employee or other person to remove alcoholic beverages from the area designated in the outdoor café or outdoor seating area in the right-of-way permit or outdoor dining on private property permit, other than to another location within the business establishment to which the liquor license relates;
(3) To ensure that consumption of alcoholic beverages is limited to the designated outdoor seating areas and operated in compliance with this Code, outdoor cafes and outdoor seating areas on the public right-of-way and private property shall be regularly monitored and bussed by an employee or contractor of the business establishment;
(4) The hours during which patrons may occupy the outdoor café or outdoor seating on the public right-of-way or outdoor dining on private property shall not extend beyond the hours of operation of the other portions of the business establishment. Notwithstanding the foregoing, the outdoor café or outdoor seating on the right-of-way or outdoor dining on private property shall not be occupied during the following times: Between 12:00 a.m. and 6:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; between the hours of 1:30 a.m. and 6:00 a.m. on Saturday; and between the hours of 12:00 a.m. and 12:00 p.m. (noon) on Sunday; and
(5) Outside seating areas on private property, not in conjunction with outdoor seating on the public right-of-way, shall be fenced or screened in a manner that prevents patrons from congregating outside of the designated seating area. Fencing shall be of a wood or metal design and may be permanently secured to the ground or removable during the period in which outdoor seating is not open. Said fencing shall also meet the design and ingress/egress provisions as required by this Code. Modification to these requirements may be varied by the City Administrator, or their designee, if granting such approval provides for a better design and layout of the outdoor seating area.
(Ord. 2020-MC07, passed 5-26-2020)