All permit holders shall be subject to the following regulations:
A. Placement: The location of outdoor seating shall not obstruct normal ingress to and egress from the permit holder's business or any other businesses. Outdoor seating shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles.
1. A clear path of at least five feet (5') shall be provided for the passage of pedestrians along any public sidewalk or walkway and the clear path shall be maintained when any chair is pulled out from a table, particularly where a chair back faces the pedestrian walkway.
2. Incidental items placed in the public outdoor seating area for the operation of the outdoor seating area shall be properly weighted to prevent the creation of a windblown hazard and shall be removed at the end of the business day.
B. Temporary Barriers: A temporary barrier shall be installed at the perimeter and around the licensed area to prevent moving tables and/or chairs within the outdoor seating area further into the public right-of-way, and which, when liquor is served upon the licensed premises, shall not permit access to the licensed area except from within an adjacent building or through one passageway controlled by the licensee and/or its employees.
C. Furniture, Fixtures And Equipment:
1. All furniture, fixtures and equipment used in conjunction with an outdoor seating area shall be installed and maintained at the sole cost and expense of the licensee in a good and workmanlike manner, satisfactory to the City.
2. All furniture, fixtures and equipment used in conjunction with an outdoor seating area shall be designed for outdoor use. No interior tables and chairs shall be placed in the outdoor seating area.
3. No tables, umbrellas, enclosure fencing, or other equipment shall be attached or affixed to the sidewalk, parkway, poles or any other public facilities.
4. Umbrellas, if approved for use as part of the approved permit, shall be secured at the end of each business day. Umbrellas shall maintain a minimum vertical clearance of seven feet (7') from the outdoor seating surface and shall not project outside of the approved outdoor seating area or into the required clear path for pedestrian passage. No umbrella shall obstruct any street signs.
5. All furniture, fixtures and equipment used in conjunction with an outdoor seating area shall be adequately stored and/or secured when the business is closed for business.
6. All furniture, fixtures and equipment used in conjunction with an outdoor seating area shall be removed by the permit holder to accommodate snow removal when snow is present. Items interfering with the City's ability to remove snow may be removed and relocated and a fine may be levied. A permit holder may retrieve any furniture, fixtures and equipment removed by the City at their sole cost and expense.
7. All tables, chairs and any other related furniture fixtures and equipment shall be removed from the public outdoor seating no later than November 1 of each calendar year.
D. Hours Of Operation: No outdoor seating shall be permitted between the hours of eleven o’clock (11:00) P.M. and six o’clock (6:00) A.M. on weekdays, and between twelve o’clock (12:00) A.M. midnight and six o’clock (6:00) A.M. on weekends.
E. Signage: No advertising signs shall be attached to any fence, wall, barrier, furniture, fixtures or equipment of the outdoor seating area, except as may be permitted by Chapter 13, Sign Controls, of the Woodstock Unified Development Ordinance.
F. Amplified Music: No amplified music is allowed within an outdoor seating area without prior approval by the City.
G. Maintenance And Upkeep:
1. All public areas encompassed by the outdoor seating permit shall be maintained in a sanitary manner at all times. Food scraps and containers shall be disposed of in appropriate refuse containers on a regular basis throughout the business day by the permit holder. Sweeping of refuse or food scraps into tree grates or the sewer is not permitted.
2. Permit holders shall ensure that the public areas encompassed by their outdoor seating permit are clean at the end of each business day, so as not to have any food or drink leftovers remaining which would pose an attraction to animals or insects. Each permit holder shall wash, as needed, the public area to remove any food or drink residue that may attract animals or insects and/or create a pedestrian slip hazard.
3. Permit holders are responsible for emptying the public trash containers placed by the City if they should become full prior to the next regular pickup time.
4. All existing public improvements within an outdoor seating area on the public right-of-way, such as landscaping, trash receptacles, street lighting, street signs and the like, shall be maintained in the condition as they existed at the time that the permit was issued. The permit holder shall be responsible to the City for any damage occurring to such public improvements where such damage arises from or occurs in consequence of the presence and/or operation of the outdoor seating. The permit holder shall immediately report any damage to such public improvements to the City. The City may repair or replace such improvement in its discretion and may charge the cost of such repair or replacement to the permit holder, unless the licensee can establish that the damage resulted from a cause not related to the operation or the use of the outdoor seating.
H. Other Requirements:
1. All applicable County Health Department sanitation requirements shall be followed for outdoor food handling. The permit holder is responsible for posting any special Health Department requirements within the outdoor seating area in a clearly visible manner.
2. It shall be the permit holder's responsibility to accommodate persons with disabilities at the outdoor seating area in conformance with applicable state law.
3. The consumption and possession of alcoholic beverages in the area for which an outdoor seating permit has been issued shall be prohibited, except as allowed pursuant to Title 3, "Business and Licenses Regulations," Chapter 3, "Liquor Control."
4. It shall be the permit holder's responsibility to ensure that the use and operation of outdoor seating complies with the Smoke-Free Illinois Act (410 ILCS 82; Public Act 095-0017).
I. Denial Of Permit: A request for an outdoor seating permit may be denied if the outdoor seating is found to present a health, safety or traffic issue.
J. Assignment; Transferability: An outdoor seating permit may not be assigned or transferred without prior written consent of the City Manager. Any attempted assignment or transfer in violation of this subsection shall be void and confer no rights upon any third person.
K. Private Property: The outdoor seating permit shall not confer any property rights, other than to allow the holder of a public right-of-way outdoor seating permit to make a complaint to law enforcement about nuisance behavior, and have such a nuisance addressed as if it were on private property.
L. Suspension; Revocation: The City may suspend or revoke the outdoor seating permit for any reason including, but not limited to violations of any provision of the Woodstock Municipal Code, after providing at least three (3) days written notice, except in an emergency, to a permit holder. (Ord. 23-O-15, 2-21-2023)