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O-66-11 Ord Amending Municpal Code of Outdoor Dining / Sidewalk CafesVILLAGE OF L MONT ORDINANCE NO. 0 — AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE (Outdoor Dining / Sidewalk Cafes) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF TH VILLAGE O EMONT THIS 1.1 DAY OF Q( r , 2011 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will an����� DuPage, Illinois, this'.. day of � ', 2011. 1 Ordinance No. 2011 -0- (06 AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE (Outdoor Dining / Sidewalk Cafe) BE IT ORDAINED BY THE Mayor and Village Board of the Village of Lemont, Illinois, as Follows: SECTION 1: The LEMONT MUNICIPAL CODE is hereby amended to add Section 5.71 as follows: 5.71 OUTDOOR DINING / SIDEWALK CAFES 5.71.010 License Required. No person, partnership, firm, corporation or entity shall operate any sidewalk cafe and outdoor dining and drinking area within the Village without a license for the same having first been issued by the Village. 5.71.020 Definitions. A. "Sidewalk cafe" means the use of any part of any public sidewalk or public property within the Village by any licensed drinking and eating establishment as a seating area where the service of both food and beverage is provided. B. "Outdoor dining and drinking area" means an area used for the sale, service, or consumption of food and beverages that is located outdoors, on private property, of any type of eating or drinking establishment and which is either partially or wholly outside the walls of a building, with or without a solid roof cover. 5.71.030 Eligibility of Sidewalk Cafe and /or Outdoor Dining and Drinking Area License. Licenses for sidewalk cafes and outdoor dining and drinking areas: A. shall be required, in addition to any annual business and liquor license requirements of the Village; and B. shall be approved only for properly licensed drinking and eating establishments located in B -1, B -3, B -4, or DD zoning districts; and C. shall be neither transferable nor assignable; and D. shall be renewable annually, and valid for the period beginning April 1 through November 1 of each year. 1 Should the operation of the eating or drinking establishment or the operation of the sidewalk cafe or outdoor dining and drinking area cease, there shall be no refund of the license fee provided to the licensee. 5.71.40 Application for License. Any operator or owner of an eating or drinking establishment desiring to establish or operate a sidewalk cafe or outdoor dining and drinking area shall prepare and file an application with the Planning and Economic Development Department of the Village. This application shall contain the following information: A. Address and contact information for the subject eating or drinking establishment. B. A copy of a valid annual business license and /or liquor license, when applicable. C. The types of food and /or beverages to be sold, served, or consumed at the sidewalk cafe and /or outdoor dining and drinking area. D. The proposed hours of operation of the sidewalk cafe and /or outdoor dining and drinking area. E. A site plan showing depicting the sidewalk cafe and /or outdoor drinking and dining area which shall include: 1. a seating plan which depicts the locations and all seating, tables, furnishings, barricades, and routes of passage through the dining area and along any adjacent sidewalks or plazas, and 2. setbacks for the zoning district where the use is located shall be labeled and shown; and 3. ingress and egress points to the building and through any barricades or enclosures; and 4. a scale or distances between all features of the outdoor dining area; and F. A Certificate of Insurance and a statement of indemnity as required by this Chapter; G. Payment of the license application fee(s) as established by the Village Board; H. Such additional information as may be requested by the Planning and Economic Development Director. 2 5.71.050 License Requirements A. Issuance and continued enjoyment of sidewalk cafe and /or outdoor dining and drinking areas shall be conditioned on the following: 1. The licensee shall comply with all applicable federal, state, Village and other local laws and regulations. 2. Operation of sidewalk cafe and /or outdoor dining and drinking areas shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. 3. The hours of operation for sidewalk cafe and /or outdoor drinking and dining area shall be as follows: i. Hours of operation shall not exceed the approved hours of operation granted by the underlying annual business or liquor license; and, ii. Hours of operation may be diminished where doing so is in the health, safety and welfare of persons residing or working in the vicinity, as determined by the Director of Community Development. iii. The sidewalk cafe and /or outdoor dining and drinking areas shall be operated under the same name as the food or drinking establishment to which it is attached. iv. The sidewalk cafe and /or outdoor dining and drinking areas shall share the same management and same food preparation facilities as the food and drinking establishment to which it is attached. v. The sidewalk cafe and /or outdoor dining and drinking areas shall not be open or operated at any time when the food or drinking establishment to which it is attached is not open for business. In addition to the requirements set forth in Section 5.71.050.A, the issuance and continued enjoyment of a sidewalk cafe license shall be conditioned on the following: 1. The use of public sidewalks or right -of -way for sidewalk cafes shall be permitted only on that portion of public property which is directly contiguous and immediately adjacent to the frontage or side yard of the private property in which the use is located. 3 2. The licensee shall secure and maintain comprehensive general liability insurance protection and dram shop insurance (if applicable) including but not limited to coverage for all premises and non - premises operations, independent contractors, broad form property damage coverage, including contractual liability protection covering the indemnification of the Village, its officers, agents and employees by the owner /operator. This insurance shall provide bodily injury limits of not less than $1,000,000.00 for each occurrence and not less than $1,000,000.00 in the aggregate, and with property damage limits of not less than $500,000.00 for each occurrence and not less than $500,000.00 in the aggregate. Such insurance shall name the Village of Lemont as an additional insured and shall provide that the policy will not terminate or be canceled prior to the expiration date except upon 30 days' advance written notice to the Village. 3. The licensee shall indemnify and hold harmless the Village, its officers, agents and employees against loss or expense including attorney's fees, by reason of the liability imposed by law upon the Village, for damage because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of the granting of a license, operation of a sidewalk cafe or outdoor dining and drinking area or otherwise occupying public property pursuant to a license under this ordinance. 5.71.060 Placement, Use, and Type of Furniture A. The placement of tables, chairs, and other furnishings shall leave at least four feet of an unobstructed, accessible route along the sidewalk or other pedestrian way, and at least 36 inches of accessible route between tables with chairs. B. The tables, chairs, barriers and other furnishings used in sidewalk cafe and /or outdoor dining and drinking areas shall be of a type that is easily removed from the public right -of -way. Table and chairs used in the sidewalk cafe shall be of metal or wrought iron construction. No furniture constructed primarily of plastic shall be allowed. C. All chairs and tables shall be firmly secured at the end of each business day. 4 D. No fire exit, fire escape or other required ingress or egress shall be obstructed by the sidewalk cafe and /or outdoor drinking and dining area. E. The sidewalk area in and near the sidewalk cafe and /or outdoor dining and drinking area shall be kept clean and free of refuse and clutter at all times by the license holder regardless of the source of such refuse and clutter. F. The licensee shall be responsible for the maintenance and upkeep of the public right -of -way used in the operation of a licensed sidewalk cafe and /or outdoor dining and drinking area. The licensee shall not damage, alter, modify or change any part of the public sidewalk, public right -of -way or public property. G. The licensee shall be responsible for repairing any incidental damage to public sidewalk, public right -of -way, public property or public improvements resulting from its operation. 5.71.70 Consumption of Alcoholic Beverages at Sidewalk Cafes A. The sale and consumption of alcoholic beverages in the sidewalk cafe and /or outdoor drinking and dining area shall be restricted by the liquor license governing the properly licensed drinking and eating establishment. No alcoholic beverages may be removed from the sidewalk cafe and /or outdoor drinking and dining area, except into the interior of the properly licensed drinking and eating establishment. The grant of a sidewalk cafe and /or outdoor drinking and dining area licensee shall be an exception to the general prohibition of such consumption on public sidewalks as provided in Section 9.16.010 of the Lemont Municipal Code. B. For sidewalk cafe and /or outdoor dining and drinking areas where the consumption of alcohol has been approved, barriers to demarcate the sidewalk cafe and/or outdoor dining and drinking area shall be required. Such barriers shall be of wrought iron or metal construction, chain, or planters. Barriers shall be removed from the period 1 November through 1 April. The owner /operator is responsible for returning the sidewalk to the condition it was in prior to the erection of the barriers. C. The consumption of alcoholic beverages at the sidewalk cafe and /or outdoor dining and drinking area shall be prohibited unless approval is expressly granted by the Lemont Liquor Commission. To be eligible for such approval, the establishment must derive a minimum of sixty percent of its gross sales from food service. For new establishments, the applicant must be able to demonstrate that 5 a minimum of sixty percent of its gross sales will be from food service. D. Patrons consuming alcoholic beverages in the demarcated sidewalk cafe and /or outdoor dining and drinking area must be seated at a table and receiving food service. The licensee shall be responsible for monitoring this provision. 5.71.080 Alteration, Cancellation or Revocation of License A. The terms provided by the grant of a sidewalk cafe and outdoor dining and drinking area license may be amended or altered by the Director of Community Development upon a determination that the use of the sidewalk cafe and outdoor dining and drinking area poses a threat to public health, safety or welfare. B. Sidewalk cafe and outdoor dining and drinking area licenses may be suspended, canceled and /or revoked by the Village Administrator at any time. C. Sidewalk cafe and outdoor dining and drinking area licenses do not constitute personal property, and the Village shall retain at all times the right to terminate any license or may completely eliminate this class of license at any time. 5.71.90 Penalties A. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding seven hundred fifty dollars ($750.00). Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. B. Every act or omission constituting a violation of any provision of this Chapter by any officer, director, manager, agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee and the employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him or her personally. C. Any violation committed pursuant to subsections A and B above, may result in the suspension, cancellation or revocation of sidewalk cafe and outdoor seating license. SECTION 2: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. 6 SECTION 3: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid_ SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF L MONT C NTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this rn day of , 2011. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer Paul Chialdikas ✓ Clifford Miklos V Ron Stapleton V Rick Sniegowski ✓ Jeanette Virgilio ✓ ATTEST: CHARLENE M. SMOLLEN Village Clerk 7 BRIAN " : ' AVES President