File #: 21-1495    Version: 1
Type: Ordinance Status: Passed
File created: 11/8/2021 In control: City Council
On agenda: 11/16/2021 Final action: 11/16/2021
Title: 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)
Attachments: 1. Ordinance Temporarily Extending Outdoor Dining (MD).pdf, 2. Liquor Commission DRAFT Minutes 110421 (002).pdf
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...

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