CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending Section 3-3-11:3 of the Naperville Municipal Code increasing the cap on Outdoor Seating permits from six to ten (requires six positive votes)
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
On June 9, 2022, the Liquor Commission voted unanimously to recommend that the Outdoor Seating permit cap be increased to accommodate Giordano’s, Allegory, Le Chocolat du Bouchard and La Sorella di Francesca.
BACKGROUND:
Outdoor Seating Permit
The City of Naperville requires liquor licensed establishments to obtain a permit to engage in the sale and service of alcohol outdoors. Permit holders must complete an application and an inspection of the property is performed by City staff including, but not limited to, the review of site plans, usage of heaters and/or amplification of music, and security cameras. For all licensed premises, certificates of insurance naming the City of Naperville as an additional insured and a signed indemnification statement is required.
The following regulations are in place for licensed premises in the Downtown using the public way:
1. the public way must be always kept free from refuse and no food preparation is permitted;
2. all public improvements on the public way must be maintained in the existing condition as the time the permit was issued;
3. the permit holder shall be responsible to the City for any damage to any public improvements where such damage arises due to the operation of the outdoor seating area;
4. use of the Outdoor Seating permit must be conducted in a way that does not interfere with pedestrian use;
5. all items placed on the public way for the operation of an outdoor seating area must be located so that a clear path of at least six contiguous feet and, when possible, eight contiguous feet, shall be provided for passage of pedestrians and so as not to obstruct ingress and egress from the licensed establishment or any other establishment;
6. any items placed on the public way for the operation of an outdoor seating area may remain on the public way from April 1 through November 1 and must be removed from the public way between November 2 and March 31;
7. the outdoor seating area shall be clearly designated with a distinct and functional barrier as approved by the City;
8. permitted outdoor seating areas may not extend beyond the boundary of an establishment's façade;
9. amplified sound from the establishment shall not be audible at 50 feet of originating property's lot lines and its purpose is only to create ambiance for the licensed premises;
10. no smoking is allowed within the outdoor seating area;
11. patrons shall remain seated at the outdoor seating area when consuming alcohol and no patron shall leave the outdoor seating area with alcohol;
12. alcohol shall only be served and transferred for patrons by a BASSET trained server, no carry-in or carry-out of alcohol by a patron to and from the outdoor seating area;
13. alcohol service on public property shall cease by 10:00 p.m.; and
14. the fee is $500 for an outdoor seating permit on public way in the Downtown with alcohol service.
Outdoor Seating permits are capped at six and all six are currently in use as follows: (1) Front Street Cantina; (2) Catch 35; (3) Quiubo; (4) Fat Rosie’s; (5) Hugo’s and (6) The Lantern.
In 2020 during the COVID-19 pandemic, Mayor Chirico used his emergency authority to issue an Executive Order relaxing liquor code regulations and temporarily allowing several Downtown establishments to provide outdoor seating for food and alcohol service. In 2021, when the Executive Order expired, the City Council passed an ordinance temporarily extending the ability for Downtown establishments to provide outdoor seating. The outdoor seating permissions expired on May 1, 2022.
On May 17, 2022, City Council considered removal of the outdoor seating cap but instead voted to raise the outdoor seating cap to six to allow outdoor seating by The Lantern rather than remove the cap. City Council decided that it would retain its ability to review requests on a case-by-case basis.
Representatives from Giordano’s, Allegory, Le Chocolat du Bouchard and La Sorella di Francesca petitioned the Liquor Commission to recommend to City Council that the Outdoor Seating Permit cap be increased from six to ten so that each of the establishments may continue to provide outdoor seating on the public way.
DISCUSSION:
La Sorella di Francesca
La Sorella di Francesa seeks to provide outdoor seating on Jefferson Avenue, between the street curb and sidewalk. Attached is a copy of the site plan submitted by La Sorella di Francesca.
The Liquor Commission raised concerns about the proximity of the outdoor seating to the crosswalk. La Sorella di Francesa agreed that it would ensure that handicap access to the crosswalk is uninterrupted. If permitted, La Sorella di Francesca will work with the Transportation, Engineering, and Development (TED) Business Group to ensure accessibility.
Le Chocolat du Bouchard
Le Chocolat du Bouchard requests to continue providing outdoor seating in the alleyway adjacent to the restaurant. A copy of the proposed site plan is attached.
The Liquor Commission commented on the appearance of the tables, chairs and fencing that was used. Le Chocolat du Bouchard intends to use the same setup and fencing as allowed during expanded outdoor seating, and there were no complaints regarding setup.
Giordano’s
Giordano’s seeks to provide outdoor seating on Main Street, between the curb and the sidewalk. The site plan leaves adequate space for pedestrian flow along the remaining sidewalk. A copy of the proposed site plan is attached.
Allegory
Allegory also seeks to provide sidewalk dining on Main Street, between the curb and sidewalk. A copy of the proposed site plan is appended hereto. The information provided to the Liquor Commission was conceptual in nature and will need to be refined to ensure there is adequate space for patrons and employees.
Draft minutes from the June 9, 2022 Liquor Commission meeting are attached.
An increase in the Outdoor Seating permit cap requires a text amendment. If Council increases the cap, the Liquor Commissioner intends to issue the newly available permits to the above businesses. Each of the proposed site plans will be reviewed by TED to ensure compliance with the Municipal Code.
A copy of the ordinance amending the Municipal Code to increase the cap from six to ten is attached. The ordinance is drafted as if all the requests are approved, but City Council can vote on each individual request.
FISCAL IMPACT:
Annual Outdoor Seating permit fee ($500) and corresponding increase in sales taxes related to outdoor sale of food and beverage.