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Ordinance 5024 - Exhibit A
Section 8.1
- Outdoor Cafes
- Definitions: The following words and phrases shall have
the meanings respectively ascribed to them when used in
this Section:
- Food service establishment shall mean any public
place which is kept, used, maintained, advertised, and
held out to the public as a place where meals are sold
and served and where meals are actually and regularly
served to the public. A food service establishment shall
have seating available for patrons as well as adequate
and sanitary kitchen and dining room equipment. A food
service establishment must have employed therein a sufficient
number and kinds of employees to prepare, cook, and
serve full meals for its guests. Food service establishments
must keep a record of all food items sold such that
a determination that the restaurant is serving meals
regularly can be made. Food service establishments serving
alcohol shall also meet requirements of the Town Liquor
Code applicable to such Licensee.
- Outdoor café shall mean use of a public sidewalk
or plaza area by a food service establishment, for the
serving of food and beverages to seated customers.
- Plaza area shall mean those public spaces, not including
streets or alleys, within the B-2, Central Business
Zoning District as designated by the Public Works Director.
- Permit area shall mean the sidewalk area designated
on the permit specifying the area of operation of the
outdoor café.
- Permittee shall mean the person or entity operating
a food service establishment who has received a permit
allowing for the operation of an outdoor café.
- Permits Required:
- It shall be unlawful for any person to operate an
outdoor café without an outdoor café permit.
- The outdoor café permit shall allow a food service
establishment located in the B-2 Central Business Zoning
District of the Town to operate an outdoor cafe subject
to the requirements of this Section.
- Any permit issued pursuant to this Section may contain
such written conditions as the Public Works Director,
or his designee, deems warranted to protect the use
of adjacent right-of-way for its intended purpose or
to prevent congestion of vehicular or pedestrian traffic
flow and to otherwise carry out the purpose and intent
of this Section and this Code.
- The permit holder shall, as part of the right granted
pursuant to the permit, be entitled to remove or exclude
persons from the permit area during hours of business
operation. Such permittee is authorized to give notice
to any such person to prevent such entry.
- The outdoor café permit shall expire annually on
December 31 of each year. There is an annual permit-filing
fee of $100.00.
- Any outdoor café permit shall be subject to suspension
or revocation as hereafter provided.
- Application: Application for an outdoor café permit
shall be made on forms supplied by the Town, and submitted
to the Public Works Director, together with the annual fee
and shall at minimum include the following:
- The name, address, and telephone number of the owner
of the property and the food service establishment related
to the permit.
- A copy of a valid license issued by the McLean County
Health Department.
- A drawing or sketch depicting the dimensions of
the proposed permit area and which shows the location
and type of tables, chairs, trash receptacles and other
equipment proposed to be used, location of ingress and
egress, the Town owned equipment facilities in or adjacent
to the area proposed which are visible to the eye, including
but not limited to parking meters, trees, manhole covers
and utility poles or openings.
- An operations plan specifying the proposed dates,
days and hours of operation of the outdoor café, the
hours of operation of the adjacent restaurant, scheduled
maintenance of the permit area, maximum seating capacity,
and method of providing security and maintenance.
- An original certificate of insurance listing the
required coverage amounts and policy periods of the
permittee’s general liability policies.
- An executed waiver of liability in a form approved
by the Town Corporation Counsel.
- Any other information related to the requirements
of this chapter that the Public Works Director may require.
- All Persons, prior to receiving a permit, shall
procure and maintain for the duration of the permit,
public liability and property damage insurance pertaining
to the permit area in a minimum amount of one million
dollars ($1,000,000,00.) per person and one million
dollars ($1,000,000.00) in the aggregate per occurrence
and property damage in a minimum amount of one million
dollars ($1,000,000.00), naming the Town, its officers
and employees as additional insured, and the same shall
provide that policy shall not terminate or be cancelled
prior to the expiration date without thirty (30) days
advance written notice to the Town. Proof of such insurance
issued by an insurance company licensed to do business
in the State of Illinois in the form of a certificate
of insurance shall be attached to the application.
- Application Review:
- No permit shall be granted, pursuant to this Section,
unless the Finance Director or his designee shall certify
that there are no outstanding fines, fees, taxes, or
other charges dues and owed to the Town by the owners
of the real property on which the restaurant is located
or the applicant.
- All applications for outdoor café permits shall
be reviewed by the Town to determine compliance with
each of the requirements of this Section.
- No permit shall be issued unless the applicant supplies
all information required on or by the application form
and is in compliance with the regulations contained
in this Section.
- Regulations:
- An outdoor café is permitted only on sidewalks or
approved plaza areas. The permit area shall be immediately
adjacent to the food service establishment requesting
the permit, or a sidewalk contiguous to the sidewalk
adjacent to the food service establishment.
- No permit will be granted if seats or equipment
in the outdoor café result in the need for additional
restrooms unless such additional restrooms are provided.
- The hours when service is permitted at the outdoor
café shall be between 6:00 a.m. and 12 a.m.
- Any person making use of an outdoor café shall do
so in a reasonable manner with due regards for the health
and safety of persons and property. No permittee shall
make any physical alteration to public property. A permittee
shall owe a duty to the Town of Normal and third persons
to maintain the permit area in a clean, safe and sanitary
condition.
- The permittee shall keep the permit area free of
litter, cans, bottles, and spills at all times. The
permitttee shall promptly collect and dispose of all
litter, trash and other waste materials associated with
the outdoor café, including materials in the adjacent
public right-of-way or property originating from the
outdoor café. The permittee shall dispose of any such
waste in their own trash receptacles only. The permittee
shall not dispose of any such waste in public trash
receptacles.
- Upon the expiration or other termination of an outdoor
café use permit, the permittee shall immediately remove
all tables, chairs, furnishings, equipment and other
items of personal property from the permit areas. Any
such items remaining upon the public right-of-way after
a reasonable opportunity to remove the same may be removed
and disposed of by the Town of Normal at the sole cost
and expense of the permittee.
- An outdoor café permit allows for the temporary
placement of tables, chairs, furnishings, equipment,
and other items of personal property related to the
café. Except for plaza areas, all tables and chairs
must be portable, meaning that no such furniture shall
be chained together or bolted together as a unit or
affixed to the outdoor wall or ground surface. In plaza
areas, outdoor furniture, tables and chairs, may be
secured to one another, however, may not be affixed
or bolted to any public property
- Umbrellas shall have a maximum diameter of eight
(8) feet, a weighted base and be fabric covered. All
umbrellas must be made of cloth fabric; vinyl umbrellas
are prohibited. Umbrella materials may not have a shiny,
synthetic appearance. Signage on umbrellas is prohibited.
No lettering, advertising, graphics, and/or logos are
allowed on the umbrella face.
- No signs, banners or other like advertising shall
be located in the permit area, except one menu sign
not exceeding fifteen (15) square feet in area.
- Tables, chairs and umbrellas shall be located so
that there remains open, at all times, a longitudinal
walking space, the location of which shall be determined
by the Town, of a minimum of four (4) feet in width,
with a cross-slope not to exceed Americans with Disability
Act (ADA) requirements.
- The Public Works Director may promulgate administrative
rules, substantially related to the requirements contained
in this Section. Such rules shall be attached to the
permit and be followed by the permittee.
- Suspension or Revocation. The use of a public sidewalk
as an outdoor café shall be subject to temporary suspension
or termination at any time by the Town in the interest of
the public health, safety and welfare. To the extent that
a permit area is needed by the Town for the purposes for
which it was dedicated, or any other public purpose, the
Town may immediately terminate the revocable use permit
by sending written notices to the permittee and assume full
possession and control of the permit area. The permittee
shall remove all furniture from the right-of-way within
the time specified by the notice. If the furniture is not
removed by the permittee, the Town shall be authorized to
remove all furniture and other objects of the permittee
from the permit area. If such furniture is not reclaimed
by the permittee within seven (7) days after removal by
the City, the property shall be presumed abandoned and subject
to disposal according to law.
- Public Property. The provisions of this Section shall
apply only to the locating of outdoor cafes on public property
or public right-of-way and shall not apply to any private
property.
- Indemnification; Payments for Cleaning or Damages.
- As an express condition of the issuance of the permit,
each permittee shall agree in writing to indemnify and
hold harmless the Town against all claims liability,
loss, injury, death, or damage whatsoever in connection
with or arising out of the use of the outdoor café by
anyone
- As an express condition of the issuance of the permit,
the permittee shall agree to, within seven (7) days
after the billing date, pay to the Town all costs associated
with damage to the pavement or other Town-owned facilities
located in or adjacent to the permit area caused by
operation of the food service establishment, or costs
to clean or remove trash from the permit area or adjacent
premises occasioned by the failure of the permittee
to clean or remove such trash.
- The Public Works Director is authorized to execute
the agreements required in subsections (a) and (b) above
after the form thereof has been approved by the Town’s
Corporation Counsel.
- Enforcement:
- The Town may inspect the permit area at any time.
The Town shall mail or deliver the result of the inspections
to the permittee.
- Any violation of the provisions of this Section
shall be remedied within the time given in the notice
or, if not stated in the notice, within seven (7) calendar
days from the date of delivery or post-mark on the notice.
- Any permittee violating or failing to comply with
the terms or requirements of this Section shall be subject
to the penalty provisions and procedures set forth in
this Chapter.
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