2
(A)
It shall be unlawful to operate a SidewalkDiningArea, to engage in, or allow sidewalkdiningwithout first
havingobtained a SidewalkDiningpermit.
(B)
An applicant for a SidewalkDiningpermit shall file an applicationwith theCityCollector at CityHall on
such forms and subject to suchprocedures as theMayor andCityCouncilmay establish for suchpurpose.
The application shall bemade to theCityCollector inwriting, and signed by the proposed applicant.
(C)
The application shall state the name, address, and telephone number of the applicant. It shall include a
legal description and the address of the premises proposed tobe operated as a sidewalkdining area.
(D)
The application shall include a planwithdimensions showing the layout for the sidewalk dining area
which accuratelydepicts the existing sidewalk conditions, including sidewalkwidth from the building face
to curb, location and dimensions of any sidewalk features, or obstructions. The applicationwill include the
design, location, size, and space of the sidewalkdining area, chairs, tables, barriers, umbrellas, and other
facilities to be locatedwithin the sidewalkdining area. The application shall include proof of insurance,
detailed in
3-10-6-N
of this chapter.
(E)
No permit shall be issued to any applicant if the owner, or anypartner, shareholder, or residentmanager, of
said applicant is indebted to the city, county, state of Illinois, UnitedStates ofAmerica or anydepartment
thereof.
(F)
The liquor control commissioner, or his/her designee, shall review the application to determine if the
proposed sidewalkdining areameets the requirements of this chapter. The liquor control commissioner, or
his/her designee, may approve, approvewith conditions, or deny the application; upon receipt ofwritten
approval, theCityCollector shall issue the SidewalkDiningPermit. If the liquor control commissioner, or
his/her designee, approves the application, then the approved plan and permit shall be posted at the
premises, and be clearlyvisible to customers and the public. Nomaterial changes to an approved planmay
bemadewithout prior written approval of the liquor control commissioner, or his/her designee. No
additional permit feewill be assessed for such a change.
3-10-5: PERMITFEEANDTERM:
The fee for a downtown sidewalkdiningpermit shall be twenty-five dollars ($25.00) per year. The fee shall be
nonrefundable and shall not be prorated. No permit shall be assigned or transferred to anyother person. The
permit year shall beMay1 –April 30. The permit shall state the name of the applicant and specifically
designate the sidewalkdining area.
3-10-6:REGULATIONSFORDOWNTOWNSIDEWALKDINING:
(A)
Hours: The sidewalkdining area shall not be open to patrons except during the hours of 7:00A.M. to 11
P.M. daily. Applicant shall permit no use by anypatron, member of the public or other person within the
sidewalkdining area, except during the permitted hours.
(B)
SanitaryConditions: The sidewalkdining areamust be kept sanitary, neat, clean, and litter free at all
times; the sidewalkdining area shall be free from accumulationof food, litter, snow, ice, and other
potentiallydangerous or unsanitary conditions.
(C)
FoodPreparation:No foodpreparation is permitted on the sidewalkdining area; all food shall be prepared
within the kitchenof the establishment.
(D)
Sound: See 5-1-5-ANoiseNuisance:
(E)
Storage of sidewalk furniture: Furniture and other propertyused in the sidewalkdining area by applicant
shall not be stored in the public right-of-way, and all such furniture and propertymust be removed from
the sidewalkdining areawhen the establishment is closed to the public for anyperiod in excess of seven
(7) days.
(F)
Smoking: The applicant shall not permit smokingwithin any sidewalkdining area. “No smoking” signs
shall be postedwithin the sidewalkdining area.
