ORDINANCE NO. 2016-06 AN ORDINANCE AMENDING CHAPTER 22 OF THE PETERSBURG CODE OF ORDINANCES ALLOWING SIDEWALK CAFÉS, CREATING REGULATIONS BY WHICH SIDEWALK CAFÉS WILL BE PERMITTED, AND AMENDING CHAPTER 4 OF THE PETERSBURG CODE OF ORDINANCES RELATING TO THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUOR INCIDENT TO SUCH SIDEWALK CAFÉ PERMITS WHEREAS, the City of Petersburg is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and WHEREAS, Section 11-80-13 of the Illinois Municipal Code grants the City the authority, among other things, to regulate the use of sidewalks... and all vaults and structures thereon ; and WHEREAS, the Mayor and the City Council find that a vibrant, attractive downtown area is of great benefit to all of the citizens of the City, providing a focal point for the community and making it more attractive for tourists and for potential residents, business, and industry; and WHEREAS, the Mayor and the City Council find that sidewalk cafés will add to the ambiance and attractiveness of the City, especially in the downtown area; and WHEREAS, the Mayor and the City Council desire to implement a method by which to allow sidewalk cafés and to provide for the consumption of alcoholic liquor incident to such sidewalk cafés; and WHEREAS, the City Council finds it in the best interests of the City for owners and occupants of property within the City to operate sidewalk cafés after Page 1 of 8
obtaining a permit from the City to do so and within the regulations set forth in the Petersburg Code of Ordinances (hereinafter, the Code ); and WHEREAS, the City Council finds it in the best interests of the health, safety, and welfare of the residents of the City that Chapter 22 of the Code be revised to allow sidewalk cafés, that the City create regulations by which sidewalk cafés will be permitted, and that Chapter 4 of the Code be revised to provide for the sale and consumption of alcoholic liquor incident to such sidewalk café permits. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petersburg, Menard County, Illinois, as follows: Section 1. Section 22-25 of the Code is hereby amended to read as follows: Sec. 22-25. Obstructions, etc., declared unlawful, nuisance. It shall be unlawful to obstruct, encumber, or encroach upon any street, sidewalk, or public place in the city, except as may otherwise be provided in section 22-78 or as otherwise provided in this Code. Each such obstruction, encumbrance, or encroachment is declared a nuisance, which shall be immediately removed by the person causing the same or, upon failing to do so after reasonable notice and opportunity, by a police officer or by other authorized officers or employees of the city. Section 2. Section 22-78 of the Code is hereby created to read as follows: Sec. 22-78. Sidewalk cafés. (a) Permit required. No person or entity shall place tables, chairs, equipment, or other portable appurtenances upon any sidewalk within the city for the purpose of selling food and beverages to customers for on-site consumption without having first obtained a Sidewalk Café Permit therefor. (b) Application. Any person or entity desiring a Sidewalk Café Permit from the city shall file with the City Clerk an application in such form as the city may prescribe. Such application shall be accompanied by such documentation that the city may require to appropriately consider and investigate the application, including, but not limited to, the following: (1) Five (5) copies of a plat, plan, or drawing indicating, to scale, the sidewalk area that the applicant is seeking permission to occupy and the location of furniture, equipment, and any other articles intended to occupy the sidewalk or other public space. (2) Proof of insurance. The Certificate of Insurance shall meet the following requirements: Page 2 of 8
(A) The Certificate of Insurance shall evidence commercial general liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and/or in the aggregate combined single limit, for personal injury, bodily injury, and property damage liability. (B) The City of Petersburg shall be named as an "Additional Insured" on a primary non-contributory basis for any liability arising directly or indirectly from the operations of a sidewalk café. (C) The Description section of the Certificate of Insurance shall clearly indicate that the City of Petersburg, its agents, officers, and employees are listed as additional insured in regard to the sidewalk café. (D) The policy endorsement page shall show that the City of Petersburg has been added to the applicant s insurance policy as an additional insured. (E) The Certificate Holder section shall include the following: City of Petersburg 122 South 6 th Street Petersburg, IL 62675 (3) The requisite Sidewalk Café Permit fee, which shall be refunded or returned if the application is denied. (4) Proof of ownership or a copy of the lease or other satisfactory evidence of proprietorship of the existing restaurant establishment. (5) An executed agreement to indemnify and hold harmless the City of Petersburg and its officers, agents, and employees from any and all claims, actions, injuries, or damages of every kind and description which may accrue to or be suffered by any person by reason of or related to the operation of a sidewalk café. (c) Issuance. A Sidewalk Café Permit may be approved and conditioned on changes to the application that are deemed by the Mayor to be necessary to avoid endangering the public s health, safety, and welfare. If and when the application shall be approved, a Sidewalk Café Permit shall issue, which shall authorize use of the sidewalk and the sale of food and beverages in a sidewalk café that is contiguous to the premises of the permittee. An applicant who knowingly furnishes false or misleading information or falsely answers the statements required in the application for a Sidewalk Café Permit, or one who knowingly furnishes false or misleading information to any city official during the application process, may have its application for a Sidewalk Café Permit denied. (d) Permit requirements. Upon issuance, a Sidewalk Café Permit shall be subject to each of the following requirements: (1) All sidewalk cafés shall be located only in the exact location described in the approved application. Approved furnishings may not be modified or substituted without additional approval. (2) Between the street side perimeter of the permittee s service area and the curb of said street, there shall be a pedestrian passageway Page 3 of 8
measuring no less than six feet in width, provided, however, that whenever permanent obstructions are located between the perimeter of the service area and the curb (e.g., a light pole), the required passageway may be reduced to five feet in width as measured from such perimeter to such obstruction. (3) The sidewalk café service area shall not extend more than five feet from the permanent structure of the permittee s premises; however, the service area may extend to no more than ten feet if the requirements of paragraph (d)(2) of this section are still met by doing so. (4) All sidewalk café area shall be cordoned off by the use of a temporary picket fencing or by use of stanchion poles with acceptable ropes or plastic chain. No permanently affixed fencing or stanchions shall be allowed. (5) No portion of any umbrella in a sidewalk café or anything attached thereto, other than the support member, shall be less than six and one-half feet above ground level. All umbrellas must have a mobile base. (6) Where exigent circumstances exist and a police officer or other authorized officer or employee of the city gives notice to a licensee to temporarily move from a location or suspend sidewalk café operations, such licensee shall comply with the notice. For purposes of this paragraph, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of any obstructions in the public space at or near such locations, a parade, a demonstration, or any other such event or occurrence at or near such location. (7) All holders of a Sidewalk Café Permit may begin food and beverage sales/service in the sidewalk café area at 8:00 a.m. on Monday through Sunday. (8) All holders of a Sidewalk Café Permit must conclude all food and beverage sales/service in the sidewalk café area and clear the sidewalk café area no later than 10:00 p.m. (9) Such permitted sidewalk café area shall be used for business purposes only during the hours specified herein, and neither before nor after such hours. (10) All food and beverages may be served only in/on a container/dish made of a product that does not easily shatter or break. Glass containers/dishes are prohibited. (11) Tables shall be cleared of all moveable items such as dishes, condiments, and other service items when not occupied. (12) No smoking shall be allowed within the sidewalk café area, as per state law. (13) At closing each day/evening all items used for seating to include umbrellas, chairs, tables, stations, etc. within the sidewalk café area shall be removed or positioned as close as possible to the building until the next day's use. The permittee assumes all responsibility for any personal property left upon the sidewalk. The city is not responsible for any items left outside of the business premises. Page 4 of 8
(14) Any refuse or trash containers placed upon the sidewalk by the permittee must be emptied daily. Unemptied refuse or trash containers shall not be allowed to remain on the sidewalk after the time listed above for clearing the sidewalk café area. The permittee s refuse or trash shall not be placed into a city sidewalk refuse or trash container. (15) The permittee shall promptly remove any litter deposited on, in, or adjoining the vicinity of the surface space used by the permittee resulting from the activity or activities conducted by the permittee. All such litter shall be removed at the time listed above for clearing the sidewalk café area. (16) The permittee shall at all times conduct such activity or activities in the sidewalk café area in an orderly fashion and in such a manner as to protect the public health and safety. (17) The permittee shall comply with all health and sanitation regulations. (18) The permittee shall indemnify, defend, and hold the city, its officers, agents, and employees harmless from any loss that results directly or indirectly from the issuance of a Sidewalk Café Permit. (19) The insured listed on the permittee s Certificate of Insurance must be the same as the person or entity that applied for the Sidewalk Café Permit. (20) The permittee shall take all reasonable and necessary actions to ensure that the permittee s insurer shall provide for 10 days prior written notice to the City of Petersburg if coverage is substantially changed, cancelled, or not renewed. (21) The Sidewalk Café Permit shall be displayed and kept posted in a conspicuous place in the place of business of the permittee. (e) Revocation. A permittee s failure to comply with any of the above requirements may result in revocation of the Sidewalk Café Permit. A permittee who knowingly furnishes false or misleading information or falsely answers the statements required in the application for a Sidewalk Café Permit, or one who knowingly furnishes false or misleading information to any city official during or following the application process relative to the Sidewalk Café Permit, may have its Sidewalk Café Permit revoked. (f) Annual Renewal. The Sidewalk Café Permit shall only be valid from April 1 st through November 30 th annually. All holders of a Sidewalk Café Permit shall be subject to an annual renewal and application. (g) Transferability. The permit issued pursuant to this section is a personal privilege and may not be transferred or alienated, voluntarily or involuntarily. (h) Sidewalk Café Permit fee. The annual fee for a Sidewalk Café Permit shall be $150.00. This shall be a set fee and shall not be prorated. Section 3. Section 4-10 of the Code is hereby amended to read as follows: Sec. 4-10. Carrying, possessing, etc., on public property, ways. (a) Possession. No person shall carry or possess, transport, or have any alcoholic liquor on any public way or right-of-way, including but not limited to Page 5 of 8
public highways, streets, alleys, and/or sidewalks, except in the original package and with the seal unbroken, within the city, unless such consumption is allowed in accordance with a permit issued pursuant to section 4-11 of this Code. (b) Consumption. No person shall consume any alcoholic liquor on any public property belonging to the city or on any public way or right-of-way, including but not limited to public highways, streets, alleys and/or sidewalks, within the city, unless such consumption is allowed in accordance with a permit issued pursuant to section 4-11 of this Code. (c) Penalty. Whoever violates any of the provisions of this section shall, upon conviction, be guilty of a class C misdemeanor. (d) Collection and disposition of fines. Fines for the violation of this section when collected shall be paid into the treasury of the city. Section 4. Section 4-11 of the Code is hereby created to read as follows: Sec. 4-11. Sidewalk cafés. (a) Permit required. Upon application, the holder of a Class A, Class E, Class J, or Class H liquor license may be issued a Sidewalk Café Permit pursuant to section 22-78 of this Code, and, provided that the additional requirements of this section are met, such Sidewalk Café Permit shall additionally authorize the retail sale of alcoholic liquor incident to the sale of food items in a sidewalk café to customers for on-site consumption consistent with the holder s class of liquor license. (b) Application. In addition to the requirements of section 22-78(b), the holder of a Class A, Class E, Class J, or Class H liquor license shall also provide satisfactory proof that the applicant s dram shop insurance incorporates the sidewalk café area to be permitted, and the Certificate of Insurance shall evidence commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and/or in the aggregate combined single limit, for personal injury, bodily injury, and property damage liability. (c) Issuance. If and when the application for a Sidewalk Café Permit of a holder of a Class A, Class E, Class J, or Class H liquor license shall be approved, a Sidewalk Café Permit shall issue, which shall authorize use of the sidewalk and the sale of food and beverages in a sidewalk café that is contiguous to the premises of the permittee, as well as the retail sale of alcoholic liquor to customers for on-site consumption, notwithstanding the general prohibitions of section 4-10(a) and section 4-10(b). (d) Permit requirements. Upon issuance, a Sidewalk Café Permit issued under this section shall be subject to each of the following requirements with regard to the sale and consumption of alcoholic liquor, in addition to the requirements listed in section 22-78(d): (1) Any alcoholic liquor sold in a sidewalk café shall be limited to those sales authorized by the liquor license held by a permittee. (2) All holders of a Sidewalk Café Permit may begin alcoholic liquor sales/service in the sidewalk café area at 10:00 a.m. on Monday through Saturday, and at 1:00 p.m. on Sunday. Page 6 of 8
(3) All holders of a Sidewalk Café Permit must conclude all alcoholic liquor sales/service in the sidewalk café area and clear the sidewalk café area no later than 10:00 p.m. (4) No permittee, nor any officer, agent, or employee thereof, shall sell, serve, or allow patrons to consume alcoholic liquor in the sidewalk café unless such patrons are seated in the seating indicated in the approved site plans. (5) Alcoholic liquor shall not be brought into the sidewalk café area, except by a permittee or its employees carrying alcoholic liquor directly between the permitted establishment and the sidewalk café area. (6) No permittee, nor any officer, agent, or employee thereof, shall permit alcoholic liquor to be brought by a patron into the sidewalk café from the inside of the permittee s premises or from off premises. (7) Alcoholic liquor shall not be removed from the sidewalk café area, except by a permittee or its employees carrying alcoholic liquor directly between the permitted establishment and the sidewalk café area. (8) The permittee and its employees shall generally police the activities and movements of its patrons to ensure that alcoholic liquor is not removed from or brought into the sidewalk café area. (9) The sale or service of alcoholic liquor pursuant to a Sidewalk Café Permit shall be done in accordance with all applicable State laws as to the sale or service of alcohol. (e) Revocation. A permittee s failure to comply with any of the above requirements may result in revocation of the Sidewalk Café Permit. The Mayor shall further have the power to revoke or suspend any liquor license as provided in section 4-29 of this Code based in full or in part upon the revocation of a licensee s Sidewalk Café Permit pursuant to this paragraph. (f) Annual Renewal. The Sidewalk Café Permit shall only be valid from April 1 st through November 30 th annually. All holders of a Sidewalk Café Permit shall be subject to an annual renewal and application. (g) Transferability. The permit issued pursuant to this section is a personal privilege and may not be transferred or alienated, voluntarily or involuntarily. (h) Sidewalk Café Permit fee. The annual fee for a Sidewalk Café Permit for the holder of a Class A, Class E, Class J, or Class H liquor license shall be $200.00 and in addition to any annual alcohol license fee. This shall be a set fee and shall not be prorated. Section 5: This ordinance shall be in full force and effect from and after its passage as provided by law. Page 7 of 8
Adopted this 4th day of October, 2016, by roll call votes as follows: AYE: _6 NAY: ABSENT: PRESENT: ATTEST: _Tracy Ciesler DEPUTY CITY CLERK APPROVED by the Mayor of the City of Petersburg, Illinois this 4th day of October, 2016. _John Stiltz John Stiltz, MAYOR Page 8 of 8