CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance temporarily extending outdoor dining in the three parking stalls on the public street in front of 10 West Chicago Avenue by Features Bar & Grill, Inc. to May 1, 2022 (six positive votes required)
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
On November 4, 2021, the Liquor Commission unanimously approved the proposed ordinance.
BACKGROUND:
On October 25, 2021, Governor Pritzker issued a Gubernatorial Disaster Proclamation effective until November 13, 2021. It is unknown now whether the Gubernatorial Disaster Proclamation will remain in effect beyond November 13, 2021. The Governor could terminate his disaster proclamation and allow the existing proclamation (Gubernatorial Executive Order 2021-27, issued on October 25, 2021) to expire on November 13, 2021, or extend the proclamation.
Following declaration of the onset of the local state of emergency and disaster related to the COVID-19 pandemic, Mayor Chirico issued an executive order allowing the expansion of outdoor dining on public and private property without an outdoor dining permit.
Following the issuance of the executive order, Features Bar & Grill Inc. (“Features”) worked with the Downtown Naperville Alliance (“DNA”) Board, City staff, and the Naperville Development Partnership (“NDP”) to redesign rail cars as a form of temporary outdoor seating. Riff Menza, owner of Features, invested $28,000 in the rail car project to make the seating option attractive, functional, and appealing to patrons. The investment was not recouped by their use last year.
Following the construction of the rail cars, the City Council waived the first reading and passed an ordinance (Ordinance 21-063) extending the expanded outdoor dining on public property without an outdoor permit until October 1, 2021. Two of the rails cars were removed from the public parking spaces by the Department of Public Works (“DPW”) near the expiration of expanded outdoor dining.
On November 4, 2021, Features petitioned the Liquor Commission to allow the use of the three rails cars in the three public parking spaces in front of 10 West Chicago Avenue.
DISCUSSION:
On May 28, 2020, Mayor Chirico issued EO 2020-10 that relaxed the City’s outdoor seating regulations to allow for the temporary expansion of outdoor seating on public and private property and provided for the temporary, limited use of on-street parking stalls. DPW set up the outdoor dining area in front of Features and Club Mamalu in the three on-street parking spaces. This was an investment of both time and money and was well-received by customers.
At its November 4, 2021 meeting, the Liquor Commission considered the following in issuing their positive recommendation: the struggle of restaurants during the COVID-19 pandemic; the support from the DNA and NDP; that the rail cars do not impact snow removal; the reluctance of certain patrons to dine indoors; and other businesses that may seek to use the rail cars. Since no other businesses utilized the rail car project and this is a unique financial investment, the Liquor Commission recommended approval of Features’ request.
Draft minutes from the November 4, 2021 Liquor Commission meeting and letters from Features, the DNA and NDP are attached.
FISCAL IMPACT:
Corresponding increases in sales taxes related to increased sales related to relaxed regulations.