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O-47-00 07/24/2000VILLAGE OF LEMONT ORDINANCE NO. �� ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE CHAPTER 5.71: SIDEWALK CAFES ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This a L/ 1A day of , 2000. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this a'-1' day of , 2000 ORDINANCE ''D ` 7. ° ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE CHAPTER 5.71: SIDEWALK CAFES BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that the Lemont Municipal Code, Chapter 5.71, approved by Ordinance 1009, be amended as follows: 5.71.013 Regulations A. The sidewalk cafe design shall be compatible with the surrounding streetscape and the building it serves. 5.71.014 Restrictions C. Areas shall be clearly demarcated by use of a fence or other solid barrier, as approved by the Community Development Department, so that pedestrian paths are clearly identified. The barrier must be a minimum of 3 feet in height, and incorporate a minimum of two (2) planter boxes securely fastened to the barrier. The planter boxes must be removed by October 1. The sidewalk cafe must be removed from the sidewalk between November 1 and March 1. H. The consumption of alcoholic beverages in the cafe area shall be prohibited unless approval is expressly granted by the Liquor Commission. Patron consuming alcohol must be seated at a table and receiving food service.The permit holder shall be responsible for monitoring this provision. To be eligible for such approval, the establishment must derive a minimum of 60% of its gross sales from food service. The Liquor Commission may consider, among other things, the following factors in its decision: pedestrian safety and topographic constraints. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this ;11/4'1141 day of , 2000. AYES NAYS PASSED ABSENT John Benik l/ Debby Blatzer !/ Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker RLENE SMOLLEN, Village Clerk Approved by me this a`{" day of9J , 2000 AA, 4VgKI,Viliage A President CHARLENE SMOLLEN, Village Clerk 5.71.010 Chapter 5.71 SIDEWALK CAFES Sections: 5.71.010 Permit required. 5.71.011 Application. 5.71.012 Inspection. 5.71.013 Regulations. 5.71.014 Restrictions. 5.71.015 Fees. 5.71.016 Enforcement and revocation. 5.71.017 Permit approval. 5.71.010 Permit required. Notwithstanding any other provision in this code, it is unlawful for any person, firm, corporation or association to use the public sidewalk for any commercial purpose of any kind without obtaining a permit. Permits may be issued to licensed restaurant businesses owning or leasing property im- mediately adjacent to the sidewalk in B -2 zoning districts. Such permits may be pur- chased at any time during a calendar year but all such permits shall expire on Decem- ber 31st of the same calendar year. No permit shall be issued to any business which is not in compliance with all provisions of the Lemont Municipal Code. (Ord. 1009 § 1 (part), 1996) 5.71.011 Application. All applicants for sidewalk cafe permits must complete an application in a form approved by the village and submitted to the community development director. All applications shall include the following information: A. A dimensioned plan drawn to scale and done in a professional manner showing (Lemont 1: -97) 146 sidewalk and all public improvements such as light posts, benches, planters, trees and tree grates in the area, location of the curb relative to the building, and the proposed location of all cafe type furniture, furniture described by height, color and type of mate- rials, to be placed on the sidewalk. Furniture items (sometimes referred to herein as "items") may include the follow- ing: tables, chairs, benches, trash recepta- cles, ashtrays, planters or other articles of a character, nature, material and color con- ducive to an attractive outdoor cafe atmo- sphere as determined by the village of community development director, B. Certificate of insurance naming the vill ge as an additional insured with a mini- mum liability coverage of one million dol- lars; C. A signed indemnification statement on a form provided by the village. (Ord. 1009 § 1 (part), 1996) 5.71.012 Inspection. An inspection of the property to docu- ment existing conditions of public improve- ments shall be performed by the village prior to issuance of a permit. Applications should be filed at least two weeks prior to scheduled use to allow sufficient time for such inspection. (Ord. 1009 § 1 (part), 1996) 5.71.013 Regulations. All permit holders shall be subject to the following regulations: A. Items on the sidewalk shall at all times be placed in accordance with the approved plan. Any changes made without the approval of village board will be consid- ered a violation of this chapter and subject to penalty as outlined in Section 5.02.160. B. The sidewalk shall be kept clean and free of refuse and clutter at all times by the permit holder regardless of the source of such refuse and clutter, including but not limited to overflowing trash receptacles (private and public), cigarette, and paper refuse. C. All items shall be removed from the sidewalk and placed indoors at the end of each business day. D. All public improvements on the side- walk including but not limited to benches, light poles, and trees shall be maintained in the condition in which they existed immedi- ately prior to the issuance of the permit, excluding normal wear and tear. Permit holder shall immediately report any damage to the village. The village shall replace or repair such improvement at its discretion and shall charge the cost of such replace- ment or repair to the permit holder unless the damage can be clearly shown to have resulted from a cause not related to the issuance of the sidewalk use permit. It is entirely the permit holder's responsibility and obligation to provide any such evidence that the aforesaid damage resulted from a cause not related to the issuance of the sidewalk permit. E. Operations of the sidewalk cafe shall be conducted in a manner that does not interfere with pedestrians, parking or traffic. F. The area and materials must be main- tained and in good condition at all times. Broken, rusting, torn or tattered furnishings shall be removed promptly. G. Furniture items must be made to a professional standard and may be construct- ed of the following materials: wood, iron, steel, canvas (as in director's chairs), alumi- num, plastic or resin. 146-.1 5.71.013 H. The permit shall be posted in a con- spicuous place inside the business so as to be visible from an adjacent window. (Ord. 1009 § 1 (part). 1996) 5.71.014 Restrictions. A. Items shall be placed so that a five - foot wide unobstructed pedestrian walkway is maintained at all times. The walkway shall be located so as to be parallel to the curb line, and include an unobstructed five - foot path measured from the curb. If such a five -foot unobstructed pedestrian walkway cannot be maintained, no permit shall be issued for that establishment. B. A five -foot clear zone shall be maintained at corner locations of two public sidewalks. No item shall be placed within five feet of the corner of the building on either side. This "clear zone" shall be de- fined as a space measured five feet from the corner of a building on both sides facing the sidewakc, so that the corner of the building is entirely free from obstruction. C. Areas shall be clearly demarcated by use of theater - ropes, or other such tempo- rary means, so that pedestrian clearances can be clearly identified. Demarcation fenc- es shall not require, nor shall be permitted to have, post holes drilled into any sidewalk surface. Fences shall be easily removable without leaving any lasting impression on the sidewalk. D. Items shall be immediately adjacent to the building and shall not extend beyond the permit holder's property on any side. E. Items shall not obstruct normal in- gress and egress from the business or other businesses. F. Items shall be at least twenty inches in height and tables shall not exceed forty - two inches in diameter, and shall be of a aunt 1c -gn 5.71.014 design and/or weight that will not create a wind -blown hazard G. Umbrellas shall not encroach upon the five -foot clear zone or upon the five - foot walkway. Umbrellas shall be secured so as not to create any safety hazard Dur- ing any severe weather conditions, the per- mit holder shall be responsible for removing and/or securing the umbrellas so as not to create any safety hazard. H. The consumption of alcoholic bever- ages in the cafe area shall be prohibited. The permit holder shall be responsible for monitoring this provision. I. Hours of outdoor operation shall be limited to the following hours: 1. Sunday through Thursday, eleven a.m. to ten p.m.; 2. Friday through Saturday, eleven a.m. to eleven -thirty p.m.; unless otherwise approved by the village board. J. Access to interior bathrooms for cus- tomers must be provided at that property during hours of operation. K. Tables and chairs of an establishment located in downtown Lemont may, at the discretion of the village board, be required to be removed during Heritage Fest, or other such events, potentially causing a conflict due to the volume of pedestrian traffic and other uses on the public side- walks. L. Amplified music, and music speakers shall be prohibited from the area. (Ord. 1009 § 1 (part), 1996) 5.71.015 Fees. The fee for a permit for a sidewalk cafe shall be twenty -five dollars per year. (Ord. 1009 § 1 (part), 1996) (Lemont II -97) 146-2 5.71.016 Enforcement and revocation. A. A failure to comply with the provi- sions of this chapter may result in a fine. B. The prohibition on consumption of alcoholic beverages within the area, as provided in Section 5.71.014(H) shall be the responsibility of the permit holder. This prohibition shall include both liquor served on the premises, as well as liquor brought onto the premises. Two violations of this provision in any calendar year shall result in the immediate and automatic revocation of the permit and permit holder shall be prohibited from reapplication for a period of twelve months. Violations of Section 5.71.014(H) shall also be subject to review by the village liquor commissioner if the outdoor cafe permit holder also has a liquor license. C. In the event that the permit holder fails to maintain the sidewalk cafe in com- pliance with this chapter, the village may arrange to undertake such work and bill the permit holder for the work. This work may include repair, relocation or removal of any item so as to conform with the provisions of this chapter. D. The enforcement of all other sections of this chapter including, but not limited to, the maintenance provisions and restrictions shall be the responsibility of the permit holder. Any three violations of the provi- sions shall result in the revocation of the permit and permit holder shall be prohibited from reapplication for a period of twelve months. E. The village, upon determining that the method or manner of use or conduct of persons using such facilities pose a threat to public health, safety or welfare shall have the power and authority to cause the items to be removed immediately and to revoke the permit. (Ord. 1009 § 1 (part), 1996) 5.71.017 Permit approval. First time permits for sidewalk cafes shall be approved by the village board. Annual renewals of permits for sidewalk cafes may be approved by the community development department, provided the re- newal is in substantial conformance with the original permit. (Ord. 1009 § 1 (part), 1996) 146-3 5.71.016 (Lamm 11 -97)