File #: 17-466    Version:
Type: Ordinance Status: Passed
File created: 5/31/2017 In control: City Council
On agenda: 6/20/2017 Final action: 6/20/2017
Title: Pass the ordinance amending Section 11 (Liquor License and Permit Classifications), of Chapter 3 (Liquor and Tobacco Control), of Title 3 (Business and License Regulations), of the Naperville Municipal Code amending the outdoor seating permit to allow for liquor sales and service on the public way.
Attachments: 1. Ordinance Outdoor Seating Permit.pdf, 2. Attachment 2 (Mins 03-09-17).pdf, 3. Attachment 3 (Mins 04-06-17.pdf, 4. Attachment 4 (Mins 05-04-17).pdf, 5. Attachment 5 (photos).pdf, 6. Attachment - Outdoor Seating Area - Qualifying Locations
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance amending Section 11 (Liquor License and Permit Classifications), of Chapter 3 (Liquor and Tobacco Control), of Title 3 (Business and License Regulations), of the Naperville Municipal Code amending the outdoor seating permit to allow for liquor sales and service on the public way.
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DEPARTMENT: Mayor's Office

SUBMITTED BY: Steve Chirico, Mayor/Liquor Commissioner, Kavita Athanikar, City Prosecutor

BOARD/COMMISSION REVIEW:
The Naperville Liquor Commission voted unanimously to recommend to City Council the proposed revision of the outdoor seating permit to allow for liquor consumption on the public way. On June 6, 2017, the City Council conducted the first reading of an ordinance allowing for liquor sales and service on the public way.

BACKGROUND:
Liquor Commission Recommendation
On March 9, 2017, the Liquor Commission discussed the liquor service for outdoor seating on the public property for the downtown district only. The Commission asked staff to prepare a draft ordinance including the following: timeframe/seasonality of use, food service, hours, enclosure options, security cameras, heaters, and amplified music.
At the April 6, 2017 Liquor Commission meeting, the Restaurant Association encouraged the Commission to establish an enclosure guideline for those licensed, outdoor seating areas within the Downtown. Additionally, the Restaurant Association suggested service should cease by 10:00 p.m. and perimeters should be set for sound amplification.
On May 4, 2017, the Liquor Commission decided amplified sound from the licensed premises may not be audible at 50 feet. The Commission added a one year sunset provision. The Commission unanimously approved the ordinance.

City Council Discussion
At the June 6, 2017 City Council meeting, the Council inquired as to oversight of the outdoor seating area including high top tables, allowances for smoking, and the requirement of BASSET serve...

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