CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance temporarily extending expanded outdoor dining on public and private property 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, which is 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, 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 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.
On June 15, 2021, the City Council waived the first reading and passed ordinance (Ordinance 21-063) extending the expanded outdoor dining on public and private property without an outdoor permit until October 1, 2021.
The Naperville Municipal Code allows for outdoor dining on public property until November 1, 2021. Outdoor dining on public property can resume on April 1, 2022.
Absent adoption of this ordinance, there is no way for restaurants to continue expanded outdoor dining on public and private property during the winter months.
DISCUSSION:
The Liquor Commission recommends the City Council temporarily extend expanded outdoor dining on public and private property as they remain in the best interest of the City during the transition period following the reopening of the state.
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. The Department of Public Works (“DPW”) subsequently set up outdoor dining areas adjacent to many restaurants in the on-street parking spaces in the downtown. This was an investment of both time and money and it has been well-received by customers. DPW removed these outdoor spaces around October 1, 2021.
Additionally, the temporary guidelines relaxed several requirements that are typically in place for such seating areas. For example, an outdoor seating area located solely on private property and with no liquor served did not require submittal of a permit. In addition, outdoor seating areas were permitted to be erected within parking areas whereas this would normally be prohibited.
In making its recommendation, the Liquor Commission discussed the need to support restaurants, preferences of certain patrons to dine outdoors, that there were no police complaints or violations while the expanded temporary outdoor seating was allowed, and the requirement that restaurants and businesses ensure that they do not impede snow removal efforts.
Staff expects that many private businesses will remove these temporary outdoor seating areas as conditions return to normal. However, some businesses have expressed interest in continuing to use these temporary spaces.
Those businesses that would like to reinstall new outdoor seating areas in May 2022 will be required to seek approval of these areas through the standard permitting review and approval process.
Draft minutes from the November 4, 2021 Liquor Commission meeting are attached.
FISCAL IMPACT:
Corresponding increases in sales taxes related to increased sales related to relaxed regulations.