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O-1009-96 07/22/96ITEM V.B.12 VILLAGE OF LEMONT ORDINANCE NO./d7 AN ORDINANCE AMENDING TITLE 5: BUSINESS TAXES, LICENSES AND REGULATIONS OF THE VILLAGE OF LEMONT MUNICIPAL CODE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 22nd day of July , 1996. 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 22nd day of July , 1996 ORDINANCE NO. /e2?),' AN ORDINANCE AMENDING TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE VILLAGE OF LEMONT MUNICIPAL CODE BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, as follows: SECTION 1: That Title 5 of the Lemont Municipal Code be and the same is amended by adding Chapter 5.71, Section 5.71.010 through Section 5.71.017 in the following words and figures: Chapter 5.71. SIDEWALK CAFES. Section 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 immediately adjacent to the sidewalk in B -2 zoning districts. Such permits may be purchased at any time during a calendar year but all such permits shall expire on December 31 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. Section 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 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 materials, to be placed on the sidewalk. Furniture items (sometimes referred to herein as "items ") may include the following: tables, chairs, benches, trash receptacles, ashtrays, planters, or other articles of a character, nature, material, and color conducive to an attractive outdoor cafe atmosphere as determined by the Village of Lemont Community Development Director. B. Certificate of insurance naming the Village of Lemont as an additional insured with a minimum liability coverage of one million dollars ($1,000,000). D. The enforcement of all other sections of this ordinance including, but not limited to, the maintenance provisions and restrictions shall be the responsibility of the permit holder. Any three (3) violations of the provisions shall result in the revocation of the permit and permit holder shall be prohibited from reapplication for a period of twelve (12) months. E. The Village of Lemont, 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. Section 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 renewal is in substantial conformance with the original permit. SECTION 2: This Ordinance shall become effective from and after its passage as in accordance with law. SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT 1 UNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this Qa day of �` /, 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert AYES V V fr 1� NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk C. A signed indemnification statement on a form provided by the Village. Section 5.71.012. INSPECTION. An inspection of the property to document existing conditions of public improvements 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. Section 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 considered a violation of this Ordinance and subject to penalty as outlined in Section 5.02.177. 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 sidewalk including but not limited to 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. Permit holder shall immediately report any damage to the Village of Lemont. The Village shall replace or repair such improvement at its discretion and shall charge the cost of such replacement 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 said 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 maintained 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 constructed of the following materials: wood, iron, steel, canvas (as in director's chairs), aluminum, plastic or resin. H. The permit shall be posted in a conspicuous place inside the business so as to be visible from an adjacent window. Section 5.71.014. RESTRICTIONS A. Items shall be placed so that a five (5) 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 (5) foot path measured from the curb. If such a five (5) foot unobstructed pedestrian walkway cannot be maintained, no permit shall be issued for that establishment. B. A five (5) foot "clear zone" shall be maintained at corner locations of two public sidewalks. No item shall be placed within five (5) feet of the corner of the building on either side. This "clear zone" shall be defined as a space measured five (5) feet from the corner of a building on both sides facing the sidewalk, so that the corner of the building is entirely free form obstruction. C. Areas shall be clearly demarcated by use of theater - ropes, or other such temporary means, so that pedestrian clearances can be clearly identified. Demarcation fences 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 ingress and egress from the business or other businesses. F. Items shall be at least twenty (20) inches in height and tables shall not exceed forty -two (42) inches in diameter, and shall be of a design and/or weight that will not create a wind -blown hazard. G. Umbrellas shall not encroach upon the five (5) foot clear zone or upon the five (5) foot walkway. Umbrellas shall be secured so as not to create any safety hazard. During any severe weather conditions, the permit holder shall be responsible for removing and /or securing the umbrellas so as not to create any safety hazard. H. The consumption of alcoholic beverages in the cafe area shall be prohibited. The permit holder shall be responsible for monitoring this provision. Hours of outdoor operation shall be limited to the following hours: - Sunday through Thursday, 11:00 a.m. to 10:00 p.m. - Friday Through Saturday, 11:00 a.m. to 11:30 p.m. Unless otherwise approved by the Village Board. J. Access to interior bathrooms for customers 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 sidewalks. L. Amplified music, and music speakers shall be prohibited from the area. Section 5.71.015. FEES. The fee for a permit for a sidewalk cafe shall be twenty -five dollars ($25.00) per year. Section 5.71.016. ENFORCEMENT AND REVOCATION A. A failure to comply with the provisions of this chapter may result in a fine. B. The prohibition on consumption of alcoholic beverages within the area, as provided in Section V, H of this ordinance 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 (2) 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 (12) months. Violations of Section V, H of this ordinance shall also be subject to review by the Village of Lemont 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 compliance with this ordinance, the Village may arrange to undertake such work and bill the permit holder for said work. This work may include repair, relocation, or removal of any item so as to conform with the provisions of this ordinance. Approved by me this day of Attest: ENE SMOLL /./ 4f.gr iefo.A. if ' ,M`A. 1996. N, Village Clerk NESKI, Village President INDEMNIFICATION AGREEMENT AND HOLD HARMLESS OF ALL CLAIMS This agreement, entered into this day of , 199, between (hereinafter referred to as "Owners ") and the Village of Lemont, a Municipal Corporation (hereinafter referred to as "Village "). SIDEWALK CAFE PERMIT Whereas, the Village is the trustee of the public property directly abutting the property located at , said Village property being the right of way for ; and, Whereas, Owners would like to occupy a portion of the sidewalk located on Village right of way for the purpose of a Sidewalk Cafe as depicted in the attached plat entitled "Exhibit A ". Whereas the Owners have made an application for a permit to the temporary use of a portion of the sidewalk for outdoor seating for their food service. Now, therefore, in consideration of the permit fee of twenty -five dollars ($25.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Village hereby grants to Owners a revocable permit to use that portion of Village's aforementioned property to maintain a Sidewalk Cafe as reflected in Exhibit "A" dated . The permit shall be effective and may be renewed on an annual basis. 2. The Owners will not allow or cause the above mentioned occupation to be considered in any way to be in derogation of the right of the Village to maintain its property as indicated above, nor shall said occupancy in any manner be allowed to extinguish the Village's ownership of said property. If said Sidewalk Cafe ceases to be maintained in its proposed location and position by Owners, or in any event the Village requires the use of said property for roadway, sidewalk, or public utility purposes, then the right to maintain the Sidewalk Cafe pursuant to this agreement shall cease. 3. The Owners hold the Village harmless and indemnified against any and all claims, losses, judgments, and causes of action for any personal injury, death, or property damage arising out of the use, construction, maintenance and occupation of said Sidewalk Cafe upon Village owned property. IN WITNESS THEREOF, the parties have hereunder set their respective hands and seals as of the date first above written. OWNER OWNER " VILLAGE CLERK