RESOLUTION NO. R-48-2020
Resolution Allowing Outdoor Dining and
Service of Liquor DURING THE COVID-19 EMERGENCY
WHEREAS, on March 9, 2020, the Governor of the State of Illinois (“Governor”) declared a State of Emergency related to the COVID-19 pandemic; and
WHEREAS, on March 16, 2020, the Governor issued Executive Order No. 2020-07, which prohibited all businesses within the State that offer food or beverages for on-premises consumption – including restaurants and similar business establishments (“Food and Beverage Service Establishments”) - from providing on-premises service of food and beverages and limited their operations to delivery and carry-out services only, which Executive Order was extended by Executive Order 20-33 (“EO 20-33”); and
WHEREAS, on May 29, 2020, the Governor issued Executive Order No. 2020-38 (“EO 20-38”), allowing Food and Beverage Establishments to open for outdoor dining only; and
WHEREAS, on June 26, 2020, the Governor issued Executive Order No. 2020-43 (“EO 20-43”), allowing Food and Beverage Establishments to open for indoor dining provided customers are afforded adequate social distancing thereby restricting the number of customers that can be served at any given time (EO-33, EO-38, and EO 43 are, collectively, the “Executive Orders”); and
WHEREAS, of the many businesses within the Village that have been significantly and adversely affected by the ongoing COVID-19 pandemic, Food and Beverage Service Establishments have been particularly hard-hit by the requirement that they cease providing on- premises services during the pandemic, and later being restricted in the number of patrons that can be seated in a particular establishment; and
WHEREAS, Food and Beverage Service Establishments are crucial parts of the social and economic fabric of the Village and have worked diligently and creatively since the entry of the Executive Orders to continue their operations and provide carry-out and delivery service to residents of the Village and neighboring communities; and
WHEREAS, Governor Pritzker has announced that, as of June 26, 2020, all regions of the had satisfied the criteria to allow the entire state, including the North Eastern region, to transition to Phase 4 of the Restore Illinois framework, the “Recovery” Phase; and
WHEREAS, on July 7, 2020, the Village Council approved several outdoor dining permits to allow many of the Village’s Food and Beverage Establishments to use various public rights-of-way for outdoor dining; and
WHEREAS, to continue to assist Food and Beverage Establishments, the Village desires to continue to allow Food and Beverage Establishments that have on-premises liquor licenses to serve liquor pursuant to those licenses in outdoor dining areas during the COVID-19 emergency; and
WHEREAS, the Village Council has determined that it will serve and be in the best interest of the Village Council and its residents to allow outdoor service of liquor consistent with this Resolution;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows:
SECTION 1. RECITALS. The Village Council adopts the foregoing recitals as its findings, as if fully set forth herein.
SECTION 2: AUTHORIZATION TO ALLOW OUTDOOR SEATING. Pursuant to Section 12.04.070 of the Village Code, the Village Council hereby authorizes Food and Beverage Establishments to use the public rights-of-way of the Village for outdoor service provided that such Food and Beverage Establishments (i) obtain the approval of the Village Manager and (ii) comply with any guidelines and conditions imposed by the Village Manager in such approval.
SECTION 3: AUTHORIZATION TO ALLOW OUTDOOR SERVICE OF LIQUOR. In the event that a Food and Beverage Service Establishment is (i) permitted to provide outdoor dining and (ii) possesses a Village liquor license for on-premises consumption, the Food and Beverage Service Establishment is hereby permitted to serve liquor for consumption in the outdoor service area in which it is allowed to provide outdoor dining pursuant to the same rules and regulations that otherwise apply to the sale of liquor by that Food and Beverage Service Establishment, including, without limitation, that the Food and Beverage Service Establishment possess and maintains a dram shop insurance policy that provides coverage for outdoor service in the area designated for outdoor dining.
SECTION 4: EFFECTIVE DATE. This Resolution will be in full force and effect from and after its passage, approval, and publication in the manner provided by law; provided that the authorizations contained in this Resolution shall automatically terminate and no longer be of any force and effect at 11:59 p.m. on December 31, 2020, unless extended by the Village Council by a resolution or ordinance duly adopted.
ADOPTED this 21st day of July, 2020, pursuant to the following roll call vote:
AYES: Trustees Apatoff, Coladarci, Cripe, Dearborn, Lanphier and Swierk
NAYS: None
ABSENT: None
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Kristin Kazenas
Deputy Village Clerk