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TO: Mayor Robert J. O’Connor
FROM: Wendy McCambridge, City Clerk
DATE: March 7, 2017
SUBJECT:
An Ordinance Amending Chapter 6 of the City of Aurora Code of Ordinances Entitled "Alcoholic Liquor".
PURPOSE:
The purpose of this memo is to make updates to the section regarding beer gardens and outdoor areas at establishments carrying certain liquor licenses.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015, 2016 and 2017.
DISCUSSION:
Due to new development in the City particularly in the downtown area and an increased interest in outdoor seating areas for liquor establishments a review of the code has been conducted and as a result updates are being recommended to be competitive with surrounding communities.
Changes to the permitted use of outdoor seating areas for liquor license holders:
Outdoor Seating Areas
• Allows for the addition of classes P and S to the classes permitted to have outdoor seating areas.
• Groups beer gardens under the more general term of “outdoor seating areas”.
• Provides for clearer expectations of what is required in an application for permission to have an outdoor seating area at a liquor establishment including:
o Detailed plan of the seating area
o Permission of the property owner
o Certificate of insurance
• Approved barrier materials and structure
• Requirements for outdoor seating area on public sidewalk
• Fee for initial application and review set at $100
• Annual renewal of outdoor seating as a part of the annual liquor license renewal
RECOMMENDATION:
It is recommended the proposed changes to Chapter 6 of the City of Aurora Code of Ordinances entitled “Alcoholic Liquor” be forwarded to the Tuesday, March 14, 2017 Government Operations Committee Meeting.
cc: Alderman Hart-Burns (Chair)
Alderman Bugg
Alderman Franco
Alderman Mervine (Alternate)
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter 6 of the City of Aurora Code of Ordinances Entitled "Alcoholic Liquor".
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City of Aurora to amend its ordinances regarding Alcoholic Liquor.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 6 of the City of Aurora Code of Ordinances be amended as follows:
ARTICLE I. - IN GENERAL
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Sec. 6‐13‐ Allowed Areas
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• (g)
Beer gardens and other Ooutdoor seating areas serving alcohol shall be permitted only on the premises of those licensees holding a Class A, B, D, E, F, or H, P, or S license. Any beer garden or outdoor area must be either adjacent to the building or connected by an entry door to the licensed premises. Nothing contained in this section shall preclude the approval and issuance of an beer garden or other outdoor seating area for a licensee located within the "downtown" area, defined as the Downtown Core and Downtown Fringe Areas as defined from time to time, or "shopping centers" as defined in this article, provided that said establishment has met the other requirements as set forth in this section and has provided a business plan that includes, but is not limited to, a detailed plan to contain noise and music within its premises, as well as security and parking issues.
(1)
(21)
No new beer garden or other outdoor area is permitted for a licensee located within one mile of a residential district.
1) Each licensee that desires to operate an outdoor seating area, including a beer garden, must submit a permit request to the local liquor control commissioner. The local liquor control commissioner shall have final approval over any and all requests for an beer garden or outdoor seating area. The application for outdoor seating area shall include:
a. A hard copy of a dimensioned plan drawn to scale including property lines showing the sidewalk or other outdoor space and all existing public improvements and encroachments such as light posts, benches, planters, fencing, trash receptacles, fences, trees and tree grates in the area, bicycle racks and newspaper boxes. The diagram shall also include the location of the curb relative to the building and proposed location of all furniture and equipment to be placed on the sidewalk or area. There shall be a single entry into the outdoor seating area from within the licensed premise and that entryway must be from within the licensed premise except for establishments located downtown. For businesses in the downtown a security plan must be submitted detailing the means to be taken to provide for adequate control of the area.
b. Proof that the applicant has written approval from the owner of the property for the outdoor seating area to be used by the applicant if the applicant or the City of Aurora is not the owner of the property.
c. The applicant for an outdoor seating area shall provide the City with copies of the certificates of insurance for the required policies for each type of insurance naming the City as an additional, non-contributory insured party:
1. Worker’s Compensation Insurance in at least the required statutory limits;
2. Comprehensive General Liability Insurance, including owner’s protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least two million ($2,000,000.00) dollars per occurrence, and two million ($2,000,000.00) dollars for any single injury; and
3. The required insurance policies shall each provide that they shall not be changed or cancelled during the life of the licensee period or until 30 days after written notice of such change has been delivered to the City.
2) The outdoor area upon which alcoholic beverages will be served must be clearly designated and segregated by use of a temporary or permanent fence or barrier approved by the City that is no less than twenty four‐inches (24”) in height and no more than seventy‐two inches (72”) in height and provided with required, unobstructed exits as prescribed herein and by the City of Aurora Code as adopted from time to time.
(a) Barrier Designs. A variety of styles and designs are permissible for outdoor seating areas.
1. Sectional Fencing: Sectional fencing (generally defined as rigid fence segments that can be placed together to create a unified fencing appearance) is a desirable solution for outdoor seating areas using barriers. Such fencing is portable, but cannot be easily shifted by patrons or pedestrians, as can less rigid forms of enclosures. Sectional fencing must be of metal (aluminum, steel, iron or similar) or of wood or composite construction. In the downtown area fences shall be fabricated of decorative metal. Chain link, plastic, vinyl, or wood fences are prohibited.
2. Posts: Vertical support posts (stanchions, bollards, etc.) must be constructed of wood, metal (aluminum, steel, iron or similar), or composite materials. In the downtown area posts shall be fabricated of decorative metal.
3. Stanchion Base Must Not be a Tripping Hazard: If a stanchion or other vertical supporting device is attached to a base, that base must be adequate to support the stanchion as approved by the city. No domed stanchion bases are permitted.
(b) Freestanding or Attached: Any barrier may be freestanding without any permanent or temporary attachments to buildings, sidewalks or other infrastructure or may be attached to a building.
(c) Planters: Planters may be used in addition to or in place of other barrier designs. Planters and the plants contained within them must meet the following requirements:
1. Maximum Height of Planters: Planters may not exceed a height of thirty‐ six (36) inches above the ground. (this pertains to the planter only, not the plants contained therein).
2. Maximum Height of Plants: Plants (or seasonal displays of natural landscape material) may not exceed a height of seventy‐two (72) inches above the level of the ground.
3. Planter Material: All planters must have plants (live, artificial, or seasonal) contained within them. If the live plants within the planter die, the plants must be replaced or the planter removed. Empty planters with only dirt, mulch, straw, woodchips or similar material are not permitted.
(d) Natural Barriers: Barriers may be natural in design such as a hedge, shrub or other plant material approved by the city.
(e) Prohibited Barrier Styles.
1. Fabric Inserts: Fabric inserts (whether natural or synthetic fabric) of any size are not permitted to be used as part of a barrier.
2. Chain‐link and Other Fencing: The use of chain‐link, cyclone fencing, chicken wire or similar appurtenances is prohibited for the outdoor seating license. Materials not specifically manufactured for fencing or pedestrian control (including but not limited to such items as buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) are not permitted and may not be used as components of a barrier.
(f) A separate emergency exit out of the outdoor café area may be required before the request is approved.
3) The proposed use shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, and in no event shall the uses permitted by an outdoor seating area reduce the open portion of any sidewalk or walkway to less than five feet (5’) in width for more than two hundred (200) feet in length.
(a) In order to allow adequate pedestrian traffic areas, Federal and State accessibility requirements and emergency access around outdoor dining areas, the following dimensional requirements must be observed:
1. A space at least thirty‐six (36) inches wide for unobstructed ingress/egress must be maintained between any restaurant doorway and the pedestrian traffic corridor.
2. Location: Access openings should be placed in a location that will not create confusion for visually impaired pedestrians and as approved by the fire department.
(b) Design and placement of tables and chairs, as well as other equipment shall comply with applicable requirements of the Americans with Disabilities Act and the Illinois Accessibility Act.
(c) All applicable County Health Department sanitation requirements shall be followed for outdoor food handling. The permittee shall be responsible for posting the outdoor seating area as to any special Health Department requirements.
(d)All public areas encompassed by the outdoor seating area shall be maintained in a sanitary manner at all times. Food scraps and containers shall be disposed of in appropriate refuse containers on a regular basis during the day by the permittee. Sweeping of refuse or food scraps into tree grates is not permitted.
(e) Licensees are responsible for emptying the public trash containers placed by the city if they should become full prior to the next regular pickup time.
(f) Licensees shall see that the public areas encompassed by their outdoor seating area are clean at the end of each business day, so as not to have any food or drink leftovers remaining which would pose an attraction to animals or insects. Each permit holder shall wash, as needed, the public area to remove any food or drink residue that may attract animals and/or create a pedestrian slip hazard.
(g) No tables, umbrellas, enclosure fencing, or other equipment shall be attached or affixed to the sidewalk, parkway, poles or any other public facilities.
(h) Partitions, chairs, tables, lighting, serving stations and other amenities included in the outdoor seating area shall be approved by the city. The outdoor seating area shall be maintained in compliance with the approved site plan.
(i) An inspection of the outdoor seating area shall be made by the city prior to approval of the outdoor seating area. Inspections may include, but are not limited to, inspections by the building department, police department and fire department prior to issuance of the permit.
(j) The arrangement and number of tables and chairs within the authorized boundaries of the outdoor seating area shall reflect the approved plan and shall not be substantially changed, altered, added to or reduced without the approval by the city during the annual permit period.
(k) The licensee has an affirmative duty to prohibit any alcoholic liquor from leaving the permitted service area, except in a package properly sealed, bagged and receipted pursuant to Section 6‐25 (e) of the City of Aurora Code of Ordinances.
(l) The licensee shall indemnify, defend, protect, and hold harmless the city, its corporate authorities, officers, employees, agents and volunteers from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including but not limited to reasonable attorney’s fees, expert witness fees and costs of defense (collectively, the “Losses”) directly or proximately resulting from licensee’s acts or omissions, except to the extent that the city is the sole legal cause of said losses. The foregoing notwithstanding, under no circumstances shall the issuance of any license provided for under the Aurora Municipal Code, including but not limited to a liquor license, to the licensee or any other person or entity constitute an act of negligence or willful misconduct. Nothing set forth in the said license shall be deemed a waiver by the city of any defenses or immunities relating to the licensee or its property, or to any person or entity or their property, that are or would be otherwise available to the city or its corporate authorities, officers, employees, agents and volunteers under the common law of the State of Illinois or the United States of America. The provisions of this section shall survive the expiration or earlier termination of each approved outdoor seating area, or the renewal thereof.
4) For new outdoor seating areas approved after March 28, 2017, the permit shall be valid for the same term as the liquor license. The holder of a permit shall re‐apply on an annual basis in conjunction with the renewal of the annual liquor license. There is an initial application fee of $100. Renewals will comprise of submission of the outdoor seating plan.
5) 3) In the event that the local liquor control commissioner refuses to grant permission for an outdoor seating beer garden or outdoor area, he shall place on file in his office the rejected application and a document setting forth the reasons for his refusal to grant the permit. Copies of the rejected application and the document setting forth the reasons for refusal shall also be served by certified mail upon the licensee at the address stated on the license application.
6) The rejected applicant may, within ten (10) days from the receipt of said notice of rejection, request a hearing before the local liquor control commissioner, at which time all interested parties shall be heard.
7) The licensee must comply with all other provisions of this Code.
Section Two: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.