CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance amending Chapter 3, Title 3, Section 11 (Liquor License and Permit Classifications) of the Naperville Municipal Code eliminating the sunset provision contained within the outdoor seating permit and increasing the required sidewalk clearance for liquor licensed establishments from five to eight feet.
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
On February 8, 2018, the Naperville Liquor Commission voted unanimously to recommend to City Council the elimination of the sunset provision for the outdoor seating permit which permits liquor consumption on public property.
BACKGROUND:
At the June 20, 2017 City Council meeting, Council passed an ordinance allowing for liquor consumption on the public way through an outdoor seating permit. The permit was capped at no more than five (5) liquor licensed establishments in the Downtown. It also contained a sunset provision which causes the outdoor seating permit allowing the consumption of liquor on the public way to expire on March 31, 2018.
Five liquor licensed establishments in the Downtown are eligible for the permit, the Craftsmen, Quiubo, Front Street Cantina, Sullivan's, and Mod Pizza. Only the Craftsman and Quiubo obtained permits during the initial one year term. The other three locations expressed interest in the permit but were unwilling to incur costs due to the uncertainty created by the one year sunset provision. If the sunset is eliminated, all five eligible establishments have indicated that they intend to participate moving forward. The City did not receive any general or public safety complaints regarding Craftsman or Quiubo's outdoor seating.
DISCUSSION:
On March 6, 2018, Council conducted the first reading of an ordinance eliminating the outdoor seating sunset provision. After deliberations, Council directed staff to bring back two versions of the ordinance for Council cons...
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